SECOND REGULAR SESSION
SENATE BILL NO. 679
90TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHNEIDER.
Pre-filed December 1, 1999, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
3009S.01I
AN ACT
To repeal section 483.245, RSMo 1994, and to enact in lieu thereof one new section relating to circuit courts, with an effective date.
Section A. Section 483.245, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 483.245, to read as follows:
483.245. 1. [The provisions of this section shall become effective on July 1, 1981.
2.] The circuit clerk, or person exercising the authority of the circuit clerk pursuant to county charter, shall appoint all deputy circuit clerks, including deputy circuit clerks serving in courtrooms, and shall prescribe and assign the duties of such deputy circuit clerks; provided that, in the twenty-second judicial circuit, deputy circuit clerks serving in courtrooms, including associate circuit divisions, and personnel classified by the circuit court personnel system as docket or calendar control clerks, information systems or data processing personnel, and personnel officers or assistant personnel officers, shall be appointed in accordance with local court rule and shall otherwise remain subject to supreme court administrative rule 7 in regard to removal and other terms and conditions of employment. The circuit clerk may remove from office any deputy circuit clerk whom he appoints. All division clerks, as defined in section 483.241, shall be appointed by the judge of the division such clerks serve, and such judge may remove from office any division clerk whom he appoints.
[3.] 2. Notwithstanding the provisions of subsection [2] 1 of this section, if, on June 30, 1981, in any county or in the city of St. Louis, there exists by reason of local charter, a plan of merit selection and retention or other similar personnel plan, providing for selection, tenure or retention of deputy circuit clerks or division clerks, after July 1, 1981, as to clerical personnel who were, on June 30, 1981, under such a plan, the provisions for merit retention and tenure shall continue to apply as to such persons insofar as is reasonably possible even though they are paid by the state and become state employees, and the circuit court en banc shall be considered as the commission or board for determining the propriety of any disciplinary or dismissal action.
[4.] 3. In addition to the authority to remove deputy circuit clerks and division clerks hereinabove provided, the circuit court en banc may remove from office a deputy circuit clerk or division clerk for cause.
[5.] 4. The maximum number of deputy circuit clerks for each county and the maximum number of division clerks for a particular division shall be determined by order of the circuit court en banc. Such order may be modified for cause by order of the supreme court, or if no order is entered providing for the number of deputy circuit clerks and division clerks, the supreme court may enter such order.
[6.] 5. The salaries of deputy circuit clerks and division clerks shall be established by the circuit clerk in the case of deputy circuit clerks, or the judge appointing the division clerk in the case of division clerks, within salary ranges and classifications which may from time to time be established by administrative rule of the supreme court within the limit of funds appropriated for this purpose. The salaries of deputy circuit clerks and division clerks shall be paid by the state, and they shall be state employees.
[7.] 6. Notwithstanding the other provisions of this section providing for the establishment of the number of deputy circuit clerks and division clerks serving the various circuit courts and the determination of their salaries, such determinations shall not be construed as mandating appropriations to fund such positions, and the payment of the salaries and emoluments of deputy circuit clerks and division clerks shall be subject to the availability of moneys appropriated for those purposes by the general assembly or federal grant moneys.
[8.] 7. For purposes of this section, the circuit court en banc shall be deemed to include all circuit and associate circuit judges of the entire circuit, and determinations or orders of the circuit court en banc shall be by action of a majority of such judges in office.
8. The provisions of subsection 1 of this section pertaining to the twenty-second judicial circuit shall become effective on January 1, 2001, and all persons employed as deputy circuit clerks serving in courtrooms, including associate circuit divisions, and personnel classified by the circuit court personnel system as docket or calendar control clerks, information systems or data processing personnel, and personnel officers or assistant personnel officers, employed in the twenty-second judicial circuit on that date shall continue to be so employed unless removed in accordance with supreme court administrative rule 7.