Rebman v. ParsonAnnotate this Case
The Supreme Court affirmed the judgment of the circuit court declaring House Bill No. 2007 (HB2007), an appropriations statute, to be unconstitutional and enjoining the State from terminating Plaintiff's employment on the basis of the severed language, holding that restricting funding for the payment of an administrative law judge's (ALJ) salary based on that ALJ's date of appointment violates the separation of powers requirement of the Missouri Constitution.
The circuit court declared certain provisions of HB2007 unconstitutional as applied to Plaintiff, an ALJ, severed the unconstitutional language from the statute, and permanently enjoined the State from terminating Plaintiff's employment pursuant to the unconstitutional language. The Supreme Court affirmed, holding that HB2007 is unconstitutional to the extent that it restricts the use of funds for the payment of ALJ salaries based on the ALJ's date of appointment, as applied to Plaintiff, and therefore, Plaintiff was entitled to declaratory relief and the permanent injunction he sought in this case.