Section 33 Justification for the Personnel Action

• Library: Personnel Hearings 2011

The standard for the justification of depriving someone of a property interest in a job is usually put in terms of the action being “for cause” or “required in the interests of efficient administration,” or that it “serves the good of the service.”

The court in Prenger v. Moody, 845 S.W.2d 68 (Mo. App. W.D. 1992), explained these concepts, which are interrelated and, to some extent, overlap. Section 36.380, RSMo Supp. 2010, authorizes dismissal “for cause . . . when [the appointing authority] considers that such action is required in the interests of efficient administration and that the good of the service will be served thereby.” This standard is met when the employee’s conduct is of a substantial...