Opinion 181
(This Opinion discusses constitutional and statutory provisions that are still applicable.)
Issue:
Is the Public Service Commission subject to the jurisdiction of the Commission on Retirement, Removal and Discipline?
Discussion:
The Public Service Commission is created pursuant to Chapter 386 of the statutes of Missouri. Chapter 386 provides the powers and duties of the Public Service Commission. Pursuant to Section 386.060: “The Governor may remove any commissioner for inefficiency, neglect of duty, or misconduct in office ....”
The Commission on Retirement, Removal and Discipline is created pursuant to Article V, Section 24, of the Constitution of the State of Missouri. Article V provides that the Commission has jurisdiction to investigate misconduct and disability of “any judge or any member of any judicial commission.” In addition, Article V, Section 24, Subsection 8 provides that “additional duties shall not be imposed by law or Supreme Court rule upon the Commission on Retirement, Removal and Discipline.”
In the opinion of the Commission on Retirement, Removal and Discipline and Commission’s jurisdiction is limited to state and municipal judges and court commissioners. The Commission has no jurisdiction over the Public Service Commission. Pursuant to VAMS Section 386.060, a disciplinary procedure against a member of the Public Service Commission is within the province of the Office of the Governor.
(Dated: March 28, 2005)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 181
Issue:
Is the Public Service Commission subject to the jurisdiction of the Commission on Retirement, Removal and Discipline?
Discussion:
The Public Service Commission is created pursuant to Chapter 386 of the statutes of Missouri. Chapter 386 provides the powers and duties of the Public Service Commission. Pursuant to Section 386.060: “The Governor may remove any commissioner for inefficiency, neglect of duty, or misconduct in office ....”
The Commission on Retirement, Removal and Discipline is created pursuant to Article V, Section 24, of the Constitution of the State of Missouri. Article V provides that the Commission has jurisdiction to investigate misconduct and disability of “any judge or any member of any judicial commission.” In addition, Article V, Section 24, Subsection 8 provides that “additional duties shall not be imposed by law or Supreme Court rule upon the Commission on Retirement, Removal and Discipline.”
In the opinion of the Commission on Retirement, Removal and Discipline and Commission’s jurisdiction is limited to state and municipal judges and court commissioners. The Commission has no jurisdiction over the Public Service Commission. Pursuant to VAMS Section 386.060, a disciplinary procedure against a member of the Public Service Commission is within the province of the Office of the Governor.
(Dated: March 28, 2005)