Oklahoma Personnel Act
§74-840-1.1 through §74-840-1.21
Unofficial Compilation as of January 1, 2011
§74-840-1.1. Short title - Content of act.
A. Sections 840-1.1 through 840-6.9 of this title shall be known and may be cited as the "Oklahoma Personnel Act".
B. All statutes hereinafter enacted and codified within Sections 840-1.1 through 840-6.9 of this title shall be part of the Oklahoma Personnel Act.
Added by Laws 1982, c. 338, § 1, eff. July 1, 1982. Amended by Laws 1990, c. 204, § 6, emerg. eff. May 10, 1990. Renumbered from § 840.1 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1997, c. 287, § 1, eff. July 1, 1997.
§74-840-1.2. Purpose.
It is the purpose of this act to protect the public from improper use of authority, to protect public officials and employees from unwarranted assaults on their integrity and to enforce the protections for classified employees and citizens under the Merit System of Personnel Administration. It is further the general purpose of this act to establish for the state a system to recruit, select, develop and maintain an effective and responsive work force; to provide for administrative flexibility and adequate and reasonable protection and security for those who have entered and will enter into the service of the state; to provide for the preservation and protection of the Merit System; and to provide policies and procedures for the selection, hiring, retention, advancement, career development, job classification, salary administration, discipline, discharge and other related activities, all in accordance with principles of merit and fitness and equal employment opportunity, and to maintain a high level of morale, motivation and productivity among state employees.
Added by Laws 1982, c. 338, § 2, eff. July 1, 1982. Renumbered from § 840.2 of this title by Laws 1994, c. 242, § 54.
§ 74-840-1.3. Definitions
As used in the Oklahoma Personnel Act, unless otherwise provided in Sections 840-1.1 through 840-6.9 of this title:
1. “Agency” means any office, department, board, commission or institution of the executive branch of state government;
2. “Employee” or “state employee” means an elected or appointed officer or employee of an agency unless otherwise indicated;
3. “Appointing authority” means the chief administrative officer of an agency;
4. “Classification” means:
a. the process of placing an employee into an appropriate job family and level within the job family, consistent with the allocation of the position to which the employee is assigned, or
b. an employee's job family and the level at which work is assigned;
5. “Classification plan” means the orderly arrangement of positions within an agency into separate and distinct job families so that each job family will contain those positions which involve similar or comparable skills, duties and responsibilities;
6. “Classified service” means state employees and positions under the jurisdiction of the Oklahoma Merit System of Personnel Administration;
7. “Copy” means the duplication of an original document or recording. The copy may be provided in an electronic format generated from technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
8. “Entrance examination” means any employment test used by the Office of Personnel Management to rank the names of applicants who possess the minimum requirements of education, experience, or licensure for a job or group of similar jobs on a register of eligibles established by the Office of Personnel Management;
9. “Job” means a position or job family level in a job family;
10. “Job family” means:
a. jobs which require similar core skills and involve similar work, and
b. a logical progression of roles in a specific type of occupation in which the differences between roles are related to the depth and breadth of experience at various levels within the job family and which are sufficiently similar in duties and requirements of the work to warrant similar treatment as to title, typical functions, knowledge, skills and abilities required, and education and experience requirements;
11. “Job family level” means a role in a job family having distinguishable characteristics such as knowledge, skills, abilities, education, and experience;
12. “Job family descriptor” means a written document that:
a. describes a job family, including, but not limited to, the basic purpose, typical functions performed, various levels within the job family, and the knowledge, skills, abilities, education, and experience required for each level, and
b. identifies the pay band assigned for each level;
13. “Promotional examination” means any employment test designated by the Office of Personnel Management to determine further the qualifications of a permanent classified employee of a state agency for employment in a different job for which the employee possesses the minimum qualifications of education, experience, or licensure within that agency;
14. “Interagency transfer” means an action in which an employee leaves employment with one agency and enters employment with another agency while continuously employed with the state;
15. “Intra-agency transfer” means moving an employee from one position to another position with the same agency either with or without reclassification;
16. “Job-related organization” means a membership association which collects annual dues, conducts annual meetings and provides job-related education for its members and which includes state employees, including any association for which payroll deductions for membership dues are authorized pursuant to paragraph 5 of subsection B of Section 7.10 of Title 62 of the Oklahoma Statutes;
17. “Lateral transfer” means the reassignment of an employee to another state job with the same pay band assignment as the job family level in which the employee was classified prior to the lateral transfer;
18. “Merit Rules” or “Merit Rules for Employment” or “Merit System of Personnel Administration Rules” means rules adopted by the Administrator of the Office of Personnel Management or the Oklahoma Merit Protection Commission pursuant to the Oklahoma Personnel Act;
19. “Noncompetitive appointment” means the appointment of a person to a noncompetitive job level within a job family;
20. “Noncompetitive job” means an unskilled or semiskilled job designated by the Office of Personnel Management as noncompetitive. Noncompetitive jobs do not require written examinations for placement on registers of eligibles;
21. “Permanent classified employee” means a classified service employee who has acquired permanent status in accordance with the Oklahoma Personnel Act, and rules adopted pursuant thereto, and who has the right to appeal involuntary demotion, suspension without pay, and discharge to the Commission;
22. “Presiding official” means a person serving the Oklahoma Merit Protection Commission in the capacity of administrative hearing officer, mediator, or other alternative dispute resolution arbitrator or facilitator;
23. “Progressive discipline” means a system designed to ensure the consistency, impartiality and predictability of discipline and the flexibility to vary penalties if justified by aggravating or mitigating conditions;
24. “Reclassification” means the process of changing a classified employee from one job family to another job family or from one job family level to another job family level in the same job family, resulting in a change in the employee's assigned job code;
25. “Regular and consistent” means, in connection with the work assignments of an employee, the usual and normal work assignments of the employee, excluding incidental, casual, or occasional tasks and activities the employee assumes without direction to do so. Temporary work assignments of less than sixty (60) days in any twelve (12) consecutive months period shall not be considered regular and consistent;
26. “Regular unclassified service employee” means an unclassified service employee who is not on a temporary or other time-limited appointment;
27. “Supervisor” means a classified or unclassified officer or employee who has been assigned authority and responsibility for evaluating the performance of subordinates;
28. “Unclassified service” or “exempt service” means employees and positions excluded from coverage of the Oklahoma Merit System of Personnel Administration;
29. “Merit System” means the Oklahoma Merit System of Personnel Administration;
30. “Administrator” means the appointing authority of the Office of Personnel Management;
31. “Executive Director” means the appointing authority of the Oklahoma Merit Protection Commission;
32. “Office” means the Office of Personnel Management;
33. “Commission” means the Oklahoma Merit Protection Commission;
34. “Veteran” means a person who has been honorably discharged from the Armed Forces of the United States and has been a resident of Oklahoma for at least one (1) year prior to the date of the examination; and
35. “Voluntary out” means the voluntary separation of employees from the state service in exchange for benefits offered by an agency in order to reduce or eliminate the adverse impact of an imminent reduction-in-force.
Laws 1982, c. 338, § 3, eff. July 1, 1982; Laws 1986, c. 158, § 6, operative July 1, 1986; Laws 1986, c. 252, § 3, eff. Nov. 1, 1986. Renumbered from Title 74, § 840.3 and amended by Laws 1994, c. 242, §§ 1, 54. Laws 1995, c. 310, § 1, emerg. eff. June 5, 1995; Laws 1996, c. 320, § 1, emerg. eff. June 12, 1996; Laws 1997, c. 287, § 2, eff. July 1, 1997; Laws 1998, c. 256, § 1, eff. July 1, 1998; Laws 1999, c. 410, § 2, eff. Nov. 1, 1999; Laws 2001, c. 381, § 1, eff. July 1, 2001; Laws 2002, c. 347, § 3, eff. Nov. 1, 2002; Laws 2010, c. 286, § 1, eff. Nov. 1, 2010.
§74-840-1.4. Repealed by Laws 2011, c. 302, § 12, eff. August 26, 2011.
§74-840-1.5. Office of Personnel Management - Liability.
The Office of Personnel Management may purchase or provide, from funds available for the operation of the Office, liability insurance in an amount not to exceed One Million Dollars ($1,000,000.00) to indemnify the Administrator and such other employees of the Office as may be designated by the Administrator in the performance of their official duties.
Added by Laws 1984, c. 168, § 3, operative July 1, 1984. Renumbered from § 840.5a of this title by Laws 1994, c. 242, § 54.
§74-840-1.6. Office of Personnel Management - Organization - Personnel.
A. The internal administrative organization of the Office of Personnel Management shall be determined by the Administrator in such a manner as to promote the efficient and effective enforcement of the Oklahoma Personnel Act.
B. The Administrator may employ attorneys, accountants and other personnel as he deems necessary to carry out the duties imposed upon the Office.
C. Employees of the Office shall be subject to the Merit System of Personnel Administration, unless otherwise exempted by Section 840-5.5 of this title.
Added by Laws 1982, c. 338, § 6, eff. July 1, 1982. Renumbered from § 840.6 of this title by Laws 1994, c. 242, § 54. Amended by Laws 2005, c. 453, § 1, eff. July 1, 2005.
§74-840-1.6A. Office of Personnel Management Division of the Office of State Finance
There is hereby created the Office of Personnel Management Division of the Office of State Finance. The chief administrative officer of said Office of Personnel Management shall be the designee of the Director of the Office of State Finance who shall be experienced in the field, theory, and application of personnel administration. In addition to the other duties imposed by law, the Administrator shall:
1. Be responsible for the development of an efficient and effective system of personnel administration that meets the management needs of the various agencies;
2. Effective July 1, 1995, organize the Office to provide both service and regulatory functions that are effective and efficient in meeting the management needs of various state agencies. The Administrator is directed to establish an agency service function to assist agencies with human resource needs based upon the administrative capacity and resources of the various agencies;
3. Prepare, maintain, and revise a classified system of employment designed to assure the impartial consideration of applicants for employment and to protect state employees from arbitrary dismissal or unfair treatment;
4. Develop and maintain a classification and compensation system for all classified positions in the executive branch of state government including those established by the Oklahoma Constitution;
5. Conduct an analysis of the rates of pay prevailing in the state in the public and private sectors for comparable jobs and report the findings to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than December 1 of each year. Such analysis shall include all forms of compensation including fringe benefits. Information solicited by the Office of Personnel Management from public and private sector employers for such analysis, including but not limited to salaries, benefits, and compensation policies and procedures, shall be confidential and shall not be subject to disclosure under the Oklahoma Open Records Act;
6. Develop a program for the recruitment of qualified persons, including the administration of valid job-related nondiscriminatory selection procedures providing for competitive examinations when practical and for reasonable selection criteria when competitive examinations are not practical. As part of the recruitment program established by this section, the Administrator may identify positions or job family levels for expedited recruitment. Such expedited recruitment jobs may include only those jobs where education, experience or certification requirements substantially limit the pool of available applicants. Applicants who have been certified by the Office of Personnel Management as meeting the minimum qualifications for such jobs may be referred to agencies with vacancies in such jobs without examination or ranking, and may be eligible for appointment upon referral. However, a referral may not occur until the register for the job has been publicly announced for at least fourteen (14) calendar days. The Administrator may remove positions or job family levels from expedited recruitment at any time. The Administrator shall adopt rules to implement expedited recruitment;
7. Implement state affirmative action policies, and assure equal employment opportunity;
8. Develop and implement a reasonable and expeditious method for referral of capable candidates for vacancies, probationary periods of employment, and the employment of individuals on other types of appointments as necessary;
9. Assist state agencies in implementing their duties and obligations pursuant to the Oklahoma Personnel Act, Section 840-1.1 et seq. of this title, and provide standard forms to the agencies if necessary;
10. Develop, in cooperation with appointing authorities, employee training programs, management training programs, a certified public manager program, a recruiting program, and a system of performance appraisals, and assist appointing authorities in the setting of productivity goals. The Administrator may establish and collect fees for participation in training programs. The Administrator is authorized to purchase awards for presentation to state employees as part of employee recognition activities sponsored by the Office of Personnel Management;
11. Establish rules for leave and pay including, but not limited to, rules for leave, furloughs, performance pay increases, rates for pay differentials, on-call pay, and other types of pay incentives and salary adjustments consistent with the Oklahoma Personnel Act;
12. Prepare and submit an annual budget covering the costs of administering the personnel program;
13. Make an annual report regarding the work of the Office of Personnel Management;
14. Adopt and implement rules necessary to perform the duties imposed by law on the Office of Personnel Management in accordance with the provisions of the Administrative Procedures Act. All rules adopted by the Oklahoma Merit Protection Commission shall remain in full force and effect until modified by the appropriate authority;
15. Assist the Oklahoma Merit Protection Commission and the Executive Director in effectuating their duties, enforcement of the rules of the Merit System of Personnel Administration, and implementation of corrective action issued by the Commission;
16. Be responsible for the development and maintenance of a uniform occupation code system, grouped by job titles or duties, for all classified and unclassified state positions. Said responsibility shall include the establishment of rules governing the identification, tracking, and reporting of all state positions as provided in Section 840-2.13 of this title;
17. Be responsible for advising state agencies on personnel policy and administration;
18. Establish standards for continuing training, including affirmative action, and certification of personnel professionals in the executive branch of state government, excluding institutions within The Oklahoma State System of Higher Education. Employees appointed to professional personnel positions shall complete an initial training program within six (6) months after assuming the professional personnel position. Thereafter, they shall complete annual training requirements. Each appointing authority shall ensure that all professional personnel employees are notified of, and scheduled to attend, required training programs and shall make time available for employees to complete the programs. The Administrator shall be authorized to bill agencies for the training of personnel professionals pursuant to this paragraph to recover reasonable costs associated with the training. Monies received for such training shall be deposited in the Office of Personnel Management Revolving Fund. Expenditure of such funds collected for the training shall be exempt from any expenditure limit on the Office of Personnel Management established by law;
19. Conduct a study identifying the following, by job family descriptor(s):
a. selected job family levels with a turnover rate in excess of ten percent (10%),
b. selected job family levels identified by the Administrator of the Office of Personnel Management with salaries and benefits that are ten percent (10%) or more below the market for such position(s), and
c. selected job family levels identified by the Administrator of the Office of Personnel Management in which recruitment efforts have yielded a low number of qualified applicants.
The initial study shall be conducted by December 1, 2001, and every two (2) years thereafter;
20. Issue orders directing agencies to:
a. conform and comply with the provisions of the Oklahoma Personnel Act, the Merit Rules of Personnel Administration, and all memoranda or other written communications issued to agencies explaining the Oklahoma Personnel Act, the Rules, and any other matter relating to the Merit System of Personnel Administration or under the jurisdiction of the Administrator of the Office of Personnel Management, and
b. take action pursuant to Section 840-6.9 of this title for failure to implement those orders;
21. Establish a workforce planning function within the Office of Personnel Management to assist state agencies in analyzing the current workforce, determining future workforce needs, and implementing solutions so that agencies may accomplish their missions; and
22. Establish a quality management function within the Office of Personnel Management to assist state agencies in fully integrating quality management concepts and models into their business practices for the purpose of improving the overall efficiency and effectiveness of state government.
Laws 1982, c. 338, § 5, eff. July 1, 1982; Laws 1983, c. 274, § 1, operative July 1, 1983; Laws 1985, c. 46, § 1, emerg. eff. April 23, 1985; Laws 1986, c. 84, § 1, eff. Nov. 1, 1986; Laws 1986, c. 158, § 8, operative July 1, 1986; Laws 1986, c. 244, § 1, emerg. eff. June 12, 1986. Renumbered from Title 74, § 840.5 and amended by Laws 1994, c. 242, §§ 3, 54. Laws 1995, c. 310, § 24, emerg. eff. June 5, 1995; Laws 1996, c. 320, § 2, emerg. eff. June 12, 1996; Laws 1999, c. 410, § 3, eff. Nov. 1, 1999; Laws 2000, c. 336, § 1, eff. July 1, 2000; Laws 2001, c. 213, § 1, eff. July 1, 2001; Laws 2001, c. 381, § 2, eff. July 1, 2001; Laws 2002, c. 22, § 30, emerg. eff. March 8, 2002; Laws 2002, c. 347, § 4, eff. Nov. 1, 2002; Laws 2003, c. 212, § 6, eff. July 1, 2003; Laws 2004, c. 312, § 1, eff. July 1, 2004; Laws 2011, c. 302, § 8.
§74-840-1.7. Oklahoma Merit Protection Commission - Creation - Membership - Terms - Expenses - Officers - Meetings.
A. There is hereby created the Oklahoma Merit Protection Commission. Whenever the terms "Ethics and Merit Commission" or "Special Counsel of the Ethics and Merit Commission" appear in the Oklahoma Statutes, they shall mean the Oklahoma Merit Protection Commission or the Executive Director of the Oklahoma Merit Protection Commission as may be appropriate to the context in which they appear. The Oklahoma Merit Protection Commission shall consist of nine (9) members who shall be appointed for a term of three (3) years. The members shall be removable only for cause, as provided by law for the removal of officers not subject to impeachment. Two members of the Commission shall be appointed by the President Pro Tempore of the Senate. Two members of the Commission shall be appointed by the Speaker of the House of Representatives. Five members of the Commission shall be appointed by the Governor. No more than four of the appointments made by the Governor shall be from the same political party. Of the initial appointments made to the Commission, one member appointed by the President Pro Tempore, one member appointed by the Speaker and one member appointed by the Governor shall be for a term of three (3) years; and one member appointed by the President Pro Tempore, one member appointed by the Speaker and one member appointed by the Governor shall be for a term of two (2) years. The remaining three initial appointments by the Governor shall be designated to serve a term of one (1) year. At the expiration of the initial term, each new appointee shall serve a three-year term. All initial appointments shall be made prior to July 1, 1982.
B. Members of the Commission shall be entitled to reimbursement for expenses incurred in the performance of their duties as provided in the State Travel Reimbursement Act.
C. The Commission shall elect a chairman, to serve a two-year term and such other officers as deemed necessary for the performance of their duties. The Commission shall hold regular meetings not less than once a month and such additional meetings as called by the chairman as may be required for the proper discharge of its duties.
Added by Laws 1982, c. 338, § 22, emerg. eff. June 2, 1982. Amended by Laws 1985, c. 178, § 72, operative July 1, 1985; Laws 1986, c. 158, § 10, operative July 1, 1986. Renumbered from § 841.1 of this title by Laws 1994, c. 242, § 54.
§74-840-1.8. Executive Director - Appointing authority - Status of employees.
The appointing authority of the Oklahoma Merit Protection Commission shall be the Executive Director. The Executive Director shall be appointed by the Commission to serve at its pleasure. The Executive Director, with the approval of the Commission, may employ and compensate an attorney and shall select, compensate and employ such administrative hearing officers and other personnel as deemed necessary for the proper administration of the duties and functions of the Commission. Effective September 1, 1994, employees of the Commission shall become classified employees, except those employees with less than six (6) months of service from their enter-on-duty date will remain in probationary status until obtaining permanent status in accordance with applicable rules of the Administrator of the Office of Personnel Management or as provided in Section 8 of this act.
Added by Laws 1982, c. 338, § 23, emerg. eff. June 2, 1982. Amended by Laws 1985, c. 17, § 1, emerg. eff. April 15, 1985; Laws 1986, c. 158, § 11, operative July 1, 1986; Laws 1994, c. 242, § 29. Renumbered from § 841.2 of this title by Laws 1994, c. 242, § 54.
§74-840-1.9. Powers and duties of Commission.
In addition to any other duties expressly set forth by law, the Oklahoma Merit Protection Commission shall:
1. Receive and act on complaints, counsel persons and groups on their rights and duties and take action designed to obtain voluntary compliance with the provisions of the Oklahoma Personnel Act;
2. Investigate allegations of violations of the provisions of the Oklahoma Personnel Act within its jurisdiction;
3. Investigate allegations of abuses in the employment practices of the Administrator of the Office of Personnel Management or of any state agency;
4. Investigate allegations of violations of the rules of the Merit System of Personnel Administration and prohibited activities in the classified service;
5. Establish and maintain a statewide Alternative Dispute Resolution Program to provide dispute resolution services for state agencies and employees. Actions agreed to through the Alternative Dispute Resolution Program provided by the Commission shall be consistent with applicable laws and rules and shall not alter, reduce, or modify any existing right or authority as provided by statute or rule;
6. Establish rules, pursuant to the Administrative Procedures Act as may be necessary to perform the duties and functions of the Commission including, but not limited to, rules to monitor state agency grievance processes to ensure full compliance with the law. The Commission may also recommend any changes it deems necessary to improve such grievance processes to the appropriate state agency;
7. Establish guidelines for the qualifications, duties, responsibilities, authority, power, and continued employment of the Executive Director, Administrative Hearing Officers, mediators, and other resolution arbitrators or facilitators;
8. Prepare and preserve an audio tape of all proceedings of all hearings conducted by the Commission and furnish transcripts of such tapes upon payment of the costs of such transcripts by the party requesting the transcripts;
9. Submit quarterly, fiscal year reports on workload statistics to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate containing the following information:
a. the number of cases, complaints, and requests for hearing filed, disposed of and pending with the Commission for each month of the quarter,
b. a numerical breakdown of the methods of disposition of such cases, complaints, and requests for hearing,
c. a numerical breakdown of mediations, prehearing conferences, and appellate hearings, conducted, and
d. the date of the oldest pending case, complaint, and request for hearing.
Quarterly reports shall be submitted within thirty (30) days following the last day of the month of the appropriate quarter; and
10. Make all records of the Commission, except those made confidential by law, available for public inspection, copying and mechanical reproduction, or either of them, in accordance with the Oklahoma Open Records Act and charge a fee not to exceed twenty-five cents ($0.25) per page as the direct costs of document copying or mechanical reproduction. All fees collected pursuant to the provisions of this paragraph shall be deposited in the Oklahoma Merit Protection Commission Revolving Fund.
Laws 1982, c. 338, § 24, eff. July 1, 1982; Laws 1983, c. 274, § 5, operative July 1, 1983; Laws 1984, c. 242, § 1, operative July 1, 1984; Laws 1986, c. 158, § 12, operative July 1, 1986; Laws 1988, c. 229, § 3, operative July 1, 1988; Laws 1992, c. 367, § 5, eff. July 1, 1992. Renumbered from Title 74, § 841.3 and amended by Laws 1994, c. 242, §§ 30, 54. Laws 2005, c. 389, § 1, eff. Nov. 1, 2005; Laws 2009, c. 12, § 2, eff. July 1, 2009.
§74-840-1.10. Oaths, subpoena and production of books and papers - Reimbursement of employees.
A. A member of the Oklahoma Merit Protection Commission and the Executive Director shall have power to subpoena witnesses and compel the production of books and papers pertinent to any investigation, dispute resolution or hearing authorized by this act. Members of the Oklahoma Merit Protection Commission, the Executive Director, and their designees shall have the power to administer oaths. Any person who fails to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to any such investigation, dispute resolution or hearing or who shall knowingly give false testimony therein upon conviction shall be subject to penalties pursuant to Section 40 of this act.
B. Any state employee subpoenaed by the Executive Director or Commission to appear shall be reimbursed by the employing agency for expenses as provided in the State Travel Reimbursement Act and shall be paid his or her regular salary for each day that the employee is subpoenaed to appear. Said reimbursement and payment shall be in lieu of any witness fees to which the employee might otherwise be entitled by law and a request by a state employee for such fees shall not remove the obligation which the state employee has to honor the subpoena.
Added by Laws 1982, c. 338, § 39, eff. July 1, 1982. Amended by Laws 1986, c. 158, § 22, operative July 1, 1986; Laws 1994, c. 242, § 37. Renumbered from § 841.18 of this title by Laws 1994, c. 242, § 54.
§74-840-1.12. Summaries and recordings of appeal hearings.
The Oklahoma Merit Protection Commission is directed to publish summaries of Merit Protection Commission appeal hearings.
The Oklahoma Merit Protection Commission shall charge state agencies, associations and other interested parties for the cost of such summaries and recordings. All monies accruing from the sale of hearing summaries and recordings are to be deposited to the Oklahoma Merit Protection Commission Revolving Fund.
Added by Laws 1994, c. 242, § 31.
§74-840-1.13. Training and certification program.
The Oklahoma Merit Protection Commission shall establish a training and certification program for all hearing officers employed by the Oklahoma Merit Protection Commission and grievance managers appointed by state agencies. The Commission may also provide training for other agency personnel employees. The Executive Director shall be authorized to bill agencies for the training pursuant to this section to recover reasonable costs associated with the training. Monies received for such training shall be deposited in the Oklahoma Merit Protection Commission Revolving Fund. Expenditure of such funds collected for the training shall be exempt from any expenditure limit on the Oklahoma Merit Protection Commission established by law.
Added by Laws 1994, c. 242, § 32.
§74-840-1.14. Attorney General as legal counsel - Opinions to officers or employees - Representation of Commission - Conflict of interest - Appointment of alternate counsel.
When any officer or employee of the state is in doubt as to the application of the Oklahoma Personnel Act as to himself or to any employee under his supervision, he may submit to the Attorney General a full written statement of the facts and questions he may have. The Attorney General shall then render an opinion to such person and may publish these opinions, or abstracts thereof, with the use of the name of the person advised unless such person requests otherwise in writing. The Attorney General shall be the legal counsel for the Oklahoma Merit Protection Commission and represent it when its decisions are appealed to higher courts. The Office of the Attorney General shall be legal counsel for and represent the Merit Protection Commission notwithstanding its representation of any other state department, agency, board or commission in the same or related matters pending before the Merit Protection Commission or before any court. The Attorney General shall establish internal administrative procedures to ensure that both such agencies are provided independent legal representation, and such simultaneous representation shall not, of itself, be deemed to constitute a conflict of interest. In the event the Attorney General determines an irreconcilable conflict of interest exists, to the extent that he is unable to provide simultaneous representation to both the Merit Protection Commission and another state department, agency, board or commission the provision of Section 18c-2 of this title shall apply.
Added by Laws 1982, c. 338, § 32, eff. July 1, 1982. Amended by Laws 1986, c. 158, § 17, operative July 1, 1986; Laws 1990, c. 264, § 69, operative July 1, 1990. Renumbered from § 841.11 of this title by Laws 1994, c. 242, § 54.
§74-840-1.15. Delegation of personnel authority - Model human resource projects - Human Resource Management Plan and Self - Evaluation Report system.
A. The Administrator shall establish standards and procedures for delegating to appointing authorities the authority to administer human resources functions normally conducted by the Office of Personnel Management. The Administrator shall have the authority to approve delegation applications which shall constitute authority for the agency to implement approved delegations of personnel authority.
B. The Administrator shall create a program to allow agencies to design model human resource projects to test and evaluate the effect of innovative policies, standards, and procedures.
The number and scope of model projects shall be limited only by the capacity of the agency to implement the model projects, the quality of model project applications, and the ability of the Office of Personnel Management to monitor the projects. The Administrator shall have the authority to approve model project applications which shall constitute authority for the agency to implement approved model projects.
C. The Administrator shall create a Human Resource Management Plan and Self-Evaluation Report system for agencies including but not be limited to provisions related to affirmative action; staffing, recruitment, and promotion; classification and compensation; training and staff development expenditures; the reporting of internal agency grievances and discrimination complaints filed, discharges, suspensions without pay and demotions, and number of investigations directed by the Oklahoma Merit Protection Commission and the outcome of all such actions; and strategies for assuring employee participation in the development of agency personnel activities. The self-evaluation should include comparisons with the previous year or years' personnel actions.
Added by Laws 1994, c. 242, § 5. Amended by Laws 1995, c. 310, § 2, emerg. eff. June 5, 1995; Laws 1996, c. 320, § 3, emerg. eff. June 12, 1996; Laws 2003, c. 212, § 7, eff. July 1, 2003.
§74-840-1.16. Conflicts with federal requirements.
A. If any part of this act is found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, the conflicting part of this act shall be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such findings shall not affect the operation of the remainder of this act in its application to the agencies concerned.
B. Notwithstanding any provisions in this act to the contrary, no regulation shall be adopted which would deprive the state of federal grants or other forms of financial assistance, and the rules and regulations promulgated hereunder shall include standards, provisions, terms and conditions for personnel engaged in the administration of federally aided programs, which shall, in all respects, comply with the necessary requirements for a qualified personnel system under the standards applicable to personnel engaged in the administration of federally aided programs.
Added by Laws 1982, c. 338, § 11, eff. July 1, 1982. Renumbered from § 840.11 of this title by Laws 1994, c. 242, § 54.
§74-840-1.17. Agreements with municipalities to furnish services and facilities.
The Office may enter into agreement with any municipality or political subdivision of the state to furnish services and facilities of the Office to the municipality or political subdivision in the administration of its personnel on merit principles. Any such agreement shall provide for the reimbursement to the state of the cost of the services and facilities furnished. All municipalities and political subdivisions of the state may enter into such agreements.
Added by Laws 1982, c. 338, § 12, eff. July 1, 1982. Renumbered from § 840.12 of this title by Laws 1994, c. 242, § 54.
§74-840-1.18. Payment of administrative costs and expenses.
A. The administrative expenses and costs of operating the Merit System shall be paid by the various divisions of the state government included within the Merit System, and each such agency shall be authorized to include in its budget estimates its pro rata share of such costs, and shall remit such shares quarterly from departmental or agency funds to the Office of Personnel Management who shall deposit such shares to the credit of the General Revenue Fund of the State Treasury.
B. The Administrator shall maintain accurate records reflecting the costs of administering its provisions, and at the close of each quarter-year period shall summarize said costs, and shall bill each department or agency included within the terms of the Oklahoma Personnel Act with a pro rata share of the administrative costs based on the relationship between the quarterly average number of employees in the classified service of such department or agency, and the quarterly average number of employees in the classified service of the state.
C. The Administrator shall separately categorize and estimate expenditures and budget needs for other services performed which are not appropriately charged to state agencies on a pro rata basis.
D. Any state agency for which the Administrator provides payroll services shall pay for such services at a rate established by the Administrator, which shall be based upon the cost to the Administrator of providing such services. Each agency shall remit payment for such services quarterly from departmental or agency funds to the Administrator who shall deposit such payments into the Office of Personnel Management Revolving Fund created in Section 840-1.20 of this title.
E. No state disbursing or auditing officer shall make or approve or take any part in making or approving any payment for personal service to any person holding a position in the state classified service, brought under the Oklahoma Personnel Act unless the payroll voucher or account of such pay bears the certification of the appointing authority or designee, that the persons named therein have been appointed and employed in accordance with the provisions of the Oklahoma Personnel Act and the rules promulgated hereunder. The appointing authority or designee may for proper cause withhold certification from an entire payroll or from any specific item or items thereon.
Any citizen may maintain a suit to restrain a disbursing officer from making any payment in contravention of any provision of the Oklahoma Personnel Act or rules promulgated hereunder. Any sum paid contrary to any provision of the Oklahoma Personnel Act or any rule promulgated hereunder may be recovered in an action maintained by any citizen, from any officer who made, approved or authorized such payment or who signed or countersigned a voucher, payroll, check or warrant for such payment, or from the sureties on the official bond of any such officer. All monies recovered in any such action shall be paid into the State Treasury.
Any person appointed or employed in contravention of any provision of the Oklahoma Personnel Act or any rules or orders promulgated hereunder, whose employment is brought within the terms of the Oklahoma Personnel Act, who performs service for which he or she is not paid, may maintain an action against the officer or officers who purported to appoint or employ the person to recover the agreed pay for such services, or the reasonable value thereof if no pay was agreed upon. No officer shall be reimbursed by the state at any time for any sum paid to such person on account of such services.
If the appointing authority or designee wrongfully withholds certification of the payroll voucher or account of any employee, such employee may maintain an action or proceeding in the courts to compel the appointing authority or designee to certify such payroll voucher or account.
Added by Laws 1982, c. 338, § 14, eff. July 1, 1982. Amended by Laws 1983, c. 288, § 1, operative July 1, 1983. Renumbered from Title 74, § 840.14 by Laws 1994, c. 242, § 54. Amended by Laws 2003, c. 212, § 8, eff. July 1, 2003; Laws 2004, c. 312, § 2, eff. Nov. 1, 2004; Laws 2005, c. 176, § 1, eff. July 1, 2005.
§74-840-1.19. Merit System of Personnel Administration Rules - Distribution.
It shall be the responsibility of each appointing authority to distribute copies of the Merit System of Personnel Administration Rules promulgated and published by the Administrator of the Office of Personnel Management or the Merit Protection Commission, respectively, to all classified employees at the request of the Administrator or the Executive Director.
Added by Laws 1982, c. 338, § 33, eff. July 1, 1982. Amended by Laws 1986, c. 158, § 18, operative July 1, 1986; Laws 1994, c. 242, § 35. Renumbered from § 841.12 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1995, c. 310, § 3, emerg. eff. June 5, 1995.
§74-840-1.20 - Creation of Office of Personnel Management Revolving Fund.
A. There is hereby created in the State Treasury a revolving fund for the Office of Personnel Management to be designated the "Office of Personnel Management Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of fees received by the Office of Personnel Management for providing training for a certified public managers program and all other monies received by the Office of Personnel Management, except for appropriated monies, monies received as payment for administrative expenses under Section 840-1.18 of this title, monies placed in the Employee Benefits Revolving Fund, monies placed in the Benefits Council Administration Revolving Fund, and any monies in revolving funds established by the Office of State Finance to support the operation of the Oklahoma Employees Benefits Council or to reimburse the Office of Personnel Management for services the Office provides to the Council. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Office of Personnel Management for defraying the costs incurred in performing the duties and functions of the Office. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
B. There is hereby created a petty cash fund not to exceed Two Hundred Fifty Dollars ($250.00) for the Office of Personnel Management. The Director of State Finance shall prescribe the rules and procedures for the administration of the petty cash fund.
C. Any monies in or obligations against the Certified Public Managers Revolving Fund upon the effective date of this act shall be transferred to the Office of Personnel Management Revolving Fund.
Added by Laws 1988, HB 1557, c. 248, § 7, emerg. eff. July 1, 1988; Amended by Laws 1994, HB 2331, c. 242, § 28; Renumbered from § 840.5b of this title by Laws 1994, HB 2331, c. 242, § 54;¹ Amended by Laws 2007, SB 626, c. 342, § 1, emerg. eff. July 1, 2007.
§74-840-1.21. Oklahoma Merit Protection Commission Revolving Fund - Transcriptions for indigent respondents.
There is hereby created in the State Treasury a revolving fund for the Oklahoma Merit Protection Commission, to be designated the "Oklahoma Merit Protection Commission Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies except appropriated monies received by the Oklahoma Merit Protection Commission. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Merit Protection Commission for the purpose of paying the costs incurred in performing the duties and functions imposed upon the Oklahoma Merit Protection Commission by law.
The Commission is hereby directed to pay from the Fund the costs of transcribing the record of any proceeding before the Commission, which record may be designated by an indigent respondent, if such respondent first establishes indigent condition through execution of an in forma pauperis affidavit upon a form approved by the Commission, provided that if the indigent respondent has a financial recovery, the fund shall be reimbursed from said proceeds.
Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1983, c. 274, § 7, operative July 1, 1983. Amended by Laws 1986, c. 158, § 4, operative July 1, 1986; Laws 1990, c. 160, § 1, emerg. eff. May 1, 1990. Renumbered from § 841.24 of this title by Laws 1994, c. 242, § 54.