236.2 Right of Way Organization and Personnel

236.2.1 Principle of Organization

The Missouri Department of Transportation is organized to take advantage of the principle of "Centralized Direction and Decentralized Execution." The theory behind this principal requires that the organization be separated into management and operational levels.

Basically the management level has the responsibility of providing "direction" or, in other words, the instructions, policies and procedures to follow in accomplishing the various phases of the work and the operational level "executes" or actually performs the duties.

In right of way matters the Right of Way Section is considered the management level.

The state is divided into districts for operational purposes. The local office in charge of each district area, known as the district office, is considered to be the operational level.

236.2.2 Organization of the Right of Way Section

The Right of Way Section is a section of the Missouri Department of Transportation Design Division at state level.

The primary responsibilities of the section are

1. to establish and perfect all policies and procedures relating to right of way acquisition and relocation assistance,
2. to instruct and educate district personnel as to policy and procedural requirements, and
3. by use of reviews and reports determine that the district operation is in compliance with the approved policies and procedures.

The MoDOT organizational chart is available.

236.2.3 Organization of District Right of Way Department

The district, being considered the operational level, is free to operate, according to approved policies and procedures, without detailed supervision from the division level.

The district right of way department is considered a major organizational unit at district level.

All district personnel are administratively under the district engineer, who delegates the technical supervision of the district right of way department to the district right of way manager.

Job classifications and personnel authorizations vary according to the size district involved. All required right of way functions must be carried out in each district, however, by combining the duties of personnel with closely related job classifications.

236.2.4 Job Specifications

Job specifications, which include job function, duties, education and experience for each classification, are maintained by the Human Resources Division.

236.2.5 Employee Benefits

All personnel of the Missouri Department of Transportation are to be employed without regard to race, color, religion, creed, ancestry, national origin, sex, age, physical ability or political affiliation.

Employees of the department have the benefit of a retirement system and are also under the Federal Social Security Program. In addition, they are protected by Workers' Compensation, have access to group insurance plans and enjoy other benefits that are discussed in the department's publication entitled "You and Your Job."

236.2.6 Operational Controls For Uniformity

Uniformity of operations is required throughout the state. Close compliance with the policies and procedures by the various district offices will provide such uniformity. As additional assurance that uniformity of operations will be obtained, regular educational conferences are conducted by the Right of Way Section office for benefit of district personnel and frequent district visits will be made by division personnel to explain policies and answer questions.

236.2.7 Training

Management courses for supervisory personnel are sponsored periodically by the Missouri Department of Transportation. These courses are conducted at Missouri University - Columbia, through the coordinated effort of a management consultant, the Missouri Department of Transportation and the Extension Division of Missouri University. Various right of way training courses are also sponsored periodically at Missouri University with instructors furnished by the University and the Missouri Department of Transportation.

The Right of Way Section periodically conducts refresher and training seminars for all right of way personnel. District right of way managers supervise continual on-the-job training with the assistance of division personnel. The division field liaison officers, who make frequent visits to all districts, assist with training in all phases of right of way functions.

Right of way personnel may attend real estate courses that are frequently offered by colleges, universities and professional organizations throughout the state, as set out in the Missouri Highway and Transportation Commission Personnel Management Manual.

236.2.8 Legal Function

The Chief Counsel of the Missouri Highway and Transportation Commission, by statute and by direction of the Commission, represents the Missouri Highway and Transportation Commission in all condemnation proceedings and with respect to any court order, decision or decree. The Chief Counsel is a direct appointee of the Commission and is responsible to the Commission. The Attorney General may be called upon for assistance with respect to any particular proceeding. The Chief Counsel has established branch offices in district offices at Kansas City, which also handles litigation in the St. Joseph office, at Jefferson City, which also handles litigation in the Macon and Hannibal offices, at Kirkwood, at Springfield, which also handles litigation in the Joplin office, and at Sikeston, which also handles litigation in the Willow Springs office. The Assistant Chief Counsel - Litigation, under the direction of the Chief Counsel, closely supervises work of the branch offices. The Chief Counsel has direct supervision of all legal matters in which the Commission is involved and is responsible for the form of all documents and conveyances, serving in a general capacity as counsel for the Commission. The Chief Counsel is also available to all activities of the department involving legal services, since the Attorney General has no connection with the department except when requested by the Chief Counsel. The Chief Counsel has authority to employ special assistants in connection with particular cases under unusual circumstances in the Chief Counsel's discretion. Employment of the latter is based upon payment of a fee in line with that customarily charged in the area involved for trial and preparation work. All such employment is under direct supervision of the Chief Counsel.