Section 4 Public Employees

• Library: Emp-Emp Law 2000

• Federal civil service laws. E.g., 5 U.S.C. § 7513(a)

• State merit system. E.g., § 36.150.1, RSMo Supp. 1999. See Asher v. Lombardi, 877 S.W.2d 628 (Mo. banc 1994) (§ 36.150 authorizes dismissal of state merit employee because of employee’s candidacy for political office). The state merit system establishes procedural requirements for the dismissal, demotion, or suspension of state agency employees. Section 36.390, RSMo Supp. 1999. For the standard of review applicable to decisions made under § 36.390, see Lowe v. Lombardi, 957 S.W.2d 808 (Mo. App. W.D. 1997); Snyder v. Department of Elementary and Secondary Education, 952 S.W.2d 764 (Mo. App. W.D. 1997)

• Section 79.320, RSMo 1994, allows fourth-class city board of aldermen to set, by ordinance, the city clerk’s term of office. When a city ordinance set a term “of one year . . . unless sooner removed for cause,” the city’s removal of the clerk without cause was actionable. Henry v. City of Ellington, 789 S.W.2d 205 (Mo. App. S.D. 1990). In contrast, in the absence of any statutory protection, an employee of a third-class municipality is an employee at will, subject to discharge at any time. The adoption of a personnel manual did not create any contractual right...