Opinion Letter No. 220-74
Contents of letter
June 21, 1974
Honorable Christopher S. Bond
Governor of Missouri
Executive Office
State Capitol Building
Jefferson City, Missouri 65101
Dear Governor Bond:
It has come to our attention that a question has been raised with respect to whether attorneys who were within the Division of Welfare and subject to the provisions of Section 191.070, RSMo, on the effective date of Senate Bill No. 1, First Extraordinary Session, 77th General Assembly, will be merit system employees when the positions are transferred to the Department of Social Services under the provisions of Senate Bill No. 1.
Section 191.070, RSMo, provides in part as follows:
"1. All employees of the department of public health and welfare, except the department director, the division directors, and one secretary for each director, chaplains, patients or inmates of state charitable institutions who may also be employees in such insti tutions, and persons employed in an internship capacity as a part of their formal training leading to an academic degree, shall be selected in accordance with the state merit system law, notwithstanding that such office, position, or employment may be specifically exempted under the state merit system law. Such employees shall be persons of good character and integrity and residents of this state for one year, except that residence in this state shall not be necessary in cases of appointment of physicians, nurses, technicians, dietitians, and other professionally trained personnel."
Section 1.6(8) of Senate Bill No. 1, provides as follows:
"Nothing in this act shall be construed so as to remove any state agency or unit thereof or any position of employment from coverage under the provisions of the merit system law if the agency or position was covered by that law on the effective date of this act."
It is our view that the legislature in enacting the last above-quoted subsection 1.6(8), Senate Bill No. 1, intended that positions which had merit system status at the time of the effective date of Senate Bill No. 1, remain under the merit system.
Inasmuch as such positions in the Division of Welfare have been classified as merit system positions (see Opinions of the Attorney General, No. 213, 1970; No. 249, 1966; and No. 85, 1960), it is our view that such positions continue as merit system positions under provisions of section 1.6(8) of Senate Bill No. 1 when transferred to the Department of Social Services.
Very truly yours,
John C. Danforth
Attorney General