Oklahoma Personnel Act
§74-840-3 through §74-840-3.15
Unofficial Compilation as of January 1, 2011
§74-840.3. Renumbered as § 840-1.3 of this title by Laws 1994, c. 242, § 54.
§74-840-3.1. Training programs for supervisory personnel.
A. Each supervisor employed as of January 1, 1993, by a state agency, board or commission in the executive branch of state government, excluding those within The Oklahoma State System of Higher Education, shall attend, prior to December 31, 1993, a training program for supervisory personnel. The training program shall be established pursuant to subsection C of this section.
B. Employees appointed to supervisory positions after January 1, 1993, shall complete twenty-four (24) hours of training pursuant to subsection C of this section within twelve (12) months of assuming such supervisory position. Thereafter, supervisors are required to complete twelve (12) hours of training pursuant to subsection C of this section each year. The appointing authority of each agency shall ensure each supervisory employee is notified and scheduled to attend such required training and shall make time available for each such employee to complete the training.
C. 1. The Administrator of the Office of Personnel Management shall promulgate any rules necessary to develop and implement training programs for supervisory personnel which shall include courses related to the effective performance of an agency manager or supervisor. Rules authorized by this subsection shall require supervisors to attend such training within a reasonable period of time determined by the Administrator.
2. Training programs for supervisors under this section may be approved by the Office of Personnel Management; provided, however, such programs shall be subject to standards developed by the Office of Personnel Management. All state agencies, boards and commissions may participate in any such government employee training program established by an institution that is a member of The Oklahoma State System of Higher Education and approved by the Office of Personnel Management as provided for in this paragraph.
Added by Laws 1992, c. 387, § 1, eff. Sept. 1, 1992. Renumbered from § 840.35 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1997, c. 406, § 2, eff. July 1, 1997; Laws 1998, c. 235, § 3, eff. July 1, 1998; Laws 1999, c. 410, § 7, eff. Nov. 1, 1999; Laws 2001, c. 381, § 9, eff. July 1, 2001.
§74-840-3.2. Creation - Purpose - Administration.
There is hereby established within the Office of Personnel Management, the Carl Albert Public Internship Program. The purposes of the program shall be to assist students at institutions of higher education in gaining experience and knowledge in state government and to encourage recruitment of such students to pursue careers in state government service. In administering the program, the Administrator of the Office of Personnel Management shall:
1. Consult with the chief administrative officers of the legislative, executive, and judicial branches of government in encouraging the establishment and development of intern positions within their agencies;
2. Coordinate with the State Regents for Higher Education and the appropriate public and private institutions of higher education in Oklahoma in the development of a statewide internship program, soliciting qualified applicants, and selecting participants;
3. Develop and coordinate a selection process for placing individuals in intern positions. This selection process shall provide for equal employment opportunities in accordance with state and federal law;
4. Develop and coordinate a training plan for the internship program which balances the need for training and exposure to new ideas with the intern's and agency's need for on-the-job work experience;
5. Develop guidelines for a compensation plan for interns participating in this program; and
6. Provide for recruitment in the regular state service of persons who have successfully completed the Executive Fellows Program provided for in Section 3 of this act.
Added by Laws 1988, c. 218, § 1, eff. Oct. 1, 1988. Renumbered from § 840.40 of this title by Laws 1994, c. 242, § 54.
§74-840-3.3. Repealed by Laws 1998, c. 235, § 10, eff. July 1, 1998.
§74-840-3.4. Undergraduate Public Internship Program - Executive Fellows Program.
A. The Carl Albert Public Internship Program shall consist of three individual internship programs:
1. An Undergraduate Internship Program consisting of a temporary position for students enrolled in an institution of higher education and working toward an undergraduate degree;
2. A Senior Undergraduate Internship Program consisting of a job placement of up to twenty-four (24) months for students enrolled in an institution of higher education with ninety (90) semester hours or more of completed coursework towards a bachelor's degree. To remain in the Senior Internship a student must continue to be working toward an undergraduate degree at an institution of higher education with at least a two point five (2.5) grade point average calculated on a four point zero (4.0) scale in all undergraduate coursework. The intern occupying this position shall not be converted to the classified service upon graduation or completion of the internship; and
3. An Executive Fellows Program consisting of six-month to two-year placements in professional or managerial level positions for students who have:
a. successfully completed a baccalaureate degree and at least six (6) semester hours of approved graduate level work with at least a three point zero (3.0) grade point average calculated on a four point zero (4.0) scale in all graduate coursework,
b. demonstrated a substantial interest in public sector management,
c. been recommended by the institution of higher education at which they are enrolled, and
d. such additional requirements as determined by the Office of Personnel Management.
B. Employing agencies shall rate the performance of participants in the Executive Fellows Program in accordance with Section 840-4.17 of this title.
C. State employees, who otherwise meet the qualifications of the program, shall be eligible to participate in the Carl Albert Public Internship Program upon the written recommendation of the chief administrative officer of the applicant's agency.
Laws 1988, c. 218, § 3, eff. Oct. 1, 1988; Laws 1990, c. 106, § 1, operative July 1, 1990. Renumbered from Title 74, § 840.42 by Laws 1994, c. 242, § 54. Laws 1998, c. 235, § 4, eff. July 1, 1998; Laws 2002, c. 347, § 11, eff. Nov. 1, 2002; Laws 2009, c. 12, § 6, eff. July 1, 2009.
§74-840-3.5. Rules and regulations.
The Office of Personnel Management shall promulgate rules to provide that:
1. Upon successful completion of a two-year internship in the Executive Fellows Program, a participant who has met all requirements of education and experience shall be eligible for appointment to a position in the classified or unclassified service of the state and shall be deemed as meeting all other statutory requirements;
2. Persons leaving classified or unclassified positions in state government in order to take an internship shall:
a. have the right to return to the previous position at any time during the internship or upon completion of the internship, and
b. continue to receive all fringe benefits they would have received in their previous classified or unclassified positions;
3. Participants in the Undergraduate Internship Program who were not public employees prior to accepting a position in the program shall be employed in accordance with paragraph 8 of subsection A of Section 840-5.5 of this title;
4. Participants in the Senior Undergraduate Internship Program who were not public employees prior to accepting a position in the program shall be employed in accordance with paragraph 10 of subsection A of Section 840-5.5 of this title, except that they shall be granted leave benefits commensurate with regular state employees;
5. Participants in the Executive Fellows Program who were not public employees prior to accepting a position in the program shall be appointed in accordance with paragraph 10 of subsection A of Section 840-5.5 of this title, except that they shall be granted leave benefits commensurate with regular state employees;
6. Selection of interns shall be coordinated by the Office of Personnel Management, but shall permit appropriate involvement by institutions of higher education and state agencies in order to ensure the integrity of the program, permit the appropriate match between interns and agency assignments, and to benefit the employing agency;
7. The Administrator of the Office of Personnel Management may waive the completion of six (6) semester hours of approved graduate level work required by Section 840-3.4 of this title for participation in the Executive Fellows Program for an undergraduate intern enrolled in six (6) semester hours of approved graduate level work and currently employed by a state agency;
8. Establish compensation plans for interns; and
9. Empower the Office of Personnel Management to intercede in an internship when the Office determines, at the request of the intern, the agency, or the institution of higher education at which the intern is enrolled, that an internship is not functioning in accordance with guidelines established for the program and that are necessary for the efficiency and integrity of the program.
Laws 1988, c. 218, § 4, eff. Oct. 1, 1988. Renumbered from Title 74, § 840.43 by Laws 1994, c. 242, § 54. Laws 2000, c. 336, § 4, eff. July 1, 2000; Laws 2002, c. 347, § 12, eff. Nov. 1, 2002; Laws 2009, c. 12, § 7, eff. July 1, 2009.
§74-840-3.6. Exception to employment limitations.
Intern positions established pursuant to the provisions of this act shall not be included within any limitation on full-time-equivalent employee positions for any agency.
Added by Laws 1988, c. 218, § 5, eff. Oct. 1, 1988. Renumbered from § 840.44 of this title by Laws 1994, c. 242, § 54.
§74-840-3.7. Certain construction of act prohibited.
Provided that nothing in this act creating the Carl Albert Public Internship Program shall be construed to limit the authority of state agencies and institutions of higher education to continue or establish other internship programs or positions.
Added by Laws 1988, c. 218, § 6, eff. Oct. 1, 1988. Renumbered from § 840.45 of this title by Laws 1994, c. 242, § 54.
§74-840-3.8 - Repealed by Laws 2007, HB 2111, c. 93, § 13, eff. November 1, 2007.
§74-840-3.9. Short title.
Sections 840-3.9 through 840-3.14 of this title shall be known and may be cited as the "State Personnel Interchange Program".
Added by Laws 1985, c. 185, § 1, eff. Nov. 1, 1985. Renumbered from § 840.26 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1995, c. 310, § 7, emerg. eff. June 5, 1995.
§74-840-3.10. Public policy.
A. It is the policy of this state that:
1. State agencies in all branches of state government shall provide, whenever possible, such services as shall be required by other entities of state government; and
2. All entities of state government shall provide required services without charge or, when it is not possible to provide such services without charge, on a contractual basis.
B. "Agency" or "agencies" shall include agencies, boards or commissions in all branches of state government and "employee" or "employees" shall include persons employed in all branches of state government when used in Sections 840-3.10 through 840-3.14 of this title.
Added by Laws 1985, c. 185, § 2, eff. Nov. 1, 1985. Renumbered from § 840.27 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1995, c. 310, § 8, emerg. eff. June 5, 1995.
§74-840-3.11. Establishment of interchange programs - Rules and regulations.
The Administrator of the Office of Personnel Management is hereby directed to establish programs to facilitate the interchange of employees among state governmental entities, to evaluate the efficient utilization and deployment of state personnel, and to adopt rules necessary to carry out the provisions of the State Personnel Interchange Program. The State Personnel Interchange Program and rules promulgated hereunder shall apply to both unclassified and classified employee services.
Added by Laws 1985, c. 185, § 3, eff. Nov. 1, 1985. Renumbered from § 840.28 of this title by Laws 1994, c. 242, § 54.
§74-840-3.12. Eligible employees.
All employees in the classified and unclassified service are eligible for interchange.
Added by Laws 1985, c. 185, § 4, eff. Nov. 1, 1985. Renumbered from § 840.29 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1995, c. 310, § 9, emerg. eff. June 5, 1995.
§74-840-3.13. Procedures, requirements and restrictions for personnel interchange assignments.
A. All personnel interchange assignments are intended to be temporary in nature. An individual's period of assignment to any receiving agency shall not exceed twelve (12) months in any thirty-six-month period; except that the period of assignment for mentor executives participating in the mentor program established by Section 840-3.8 of this title shall not exceed twenty-four (24) months in any thirty-six-month period.
B. An individual shall be assigned as a participating employee only upon the individual's freely given written consent, without any form of coercion or duress. Personnel interchanges shall be executed by mutual consent agreement by the appointing authority of the sending agency, the appointing authority of the receiving agency, and the participating individual.
C. A participating employee shall be considered an employee of the sending agency for all purposes other than supervision. The receiving agency shall be responsible for all costs and liabilities arising from the performance of work assigned to the participating employee by the receiving agency which is found to be contrary to law and public policy by a court of competent jurisdiction.
D. A participating classified or unclassified employee may be assigned to a classified or unclassified position for the duration of the assignment without regard to the status of the employee in the sending agency.
E. Work assigned to a participating employee by a receiving agency shall be exempt from the classification and compensation provisions of the Oklahoma Personnel Act. Further, although all agencies are encouraged to resolve employee complaints at the lowest possible level, nothing in this section shall be construed to require a receiving agency to establish or adopt a grievance procedure pursuant to Section 840-6.2 of this title, to hear formal grievances, or to designate a grievance manager. Whenever an interchange agreement is terminated in accordance with the Oklahoma Personnel Act and rules promulgated by the Administrator of the Office of Personnel Management, the participating employee shall be entitled to return to the previous class or job family level of the employee or its successor class or job family level, if one exists in the sending agency. Otherwise, the reduction-in-force provision of Section 840-2.27 of this title shall apply.
F. Except as provided in subsection E of this section, a participating employee who is assigned to a receiving agency shall neither lose, or suffer diminution of, any right, power, privilege, or benefit to which the employee would otherwise be entitled, including but not limited to salary, seniority, promotion, reinstatement, insurance, retirement, classified or unclassified status, progressive discipline, and use of grievance and appeals procedures. An employee's class or job family level shall not be adversely affected by another employee's participation in an interchange.
G. Any participating employee who suffers injury, occupational disease, or death, arising out of and in the course of an assignment to a receiving agency or sustained in the discharge of duties in connection with said assignment shall be considered an employee of the sending agency, and shall not be deprived by virtue of participating in said program of any right or expectancy that would otherwise accrue pursuant to the laws of this state governing labor and workers' compensation.
H. Except as provided in this section, a participating employee shall neither receive nor accept any compensation from the receiving agency to which the employee is assigned. Any receiving agency shall, in accordance with any applicable laws and policies, reimburse the per diem and travel expenses of any participating employee assigned thereto.
I. Nothing in the State Personnel Interchange Program is intended to preclude the adoption of rules governing the interchange of employees of state governmental entities via other interchange provisions, such as leaves of absence without pay and career executive appointments.
Added by Laws 1985, c. 185, § 5, eff. Nov. 1, 1985. Renumbered from § 840.30 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1995, c. 310, § 10, emerg. eff. June 5, 1995; Laws 1996, c. 320, § 7, emerg. eff. June 12, 1996; Laws 1999, c. 410, § 8, eff. Nov. 1, 1999.
§74-840-3.14. Conflict of interest.
Nothing in the State Personnel Interchange Program is intended to authorize any participating agency or employee to engage in any activity which is a conflict of interest or which would be in conflict with any provision of law, except as specifically provided herein.
Added by Laws 1985, c. 185, § 6, eff. Nov. 1, 1985. Renumbered from § 840.31 of this title by Laws 1994, c. 242, § 54.
§74-840-3.15. Certified Public Manager Program.
A. There is hereby created the Certified Public Manager Program within the Office of Personnel Management. The Program shall be administered by the Administrator of the Office of Personnel Management. The purpose of the Program shall be to develop the management skills of those employees and persons who enter into the Program and to assist state agencies and other employers in the identification and development of future managers and leaders. The Program, when space is available, may be available to political subdivisions and not-for-profit employers.
B. The Administrator of the Office of Personnel Management shall adopt rules necessary to implement the Certified Public Manager Program. These shall include:
1. Admission and curriculum requirements for the Program; and
2. Fees sufficient for the operation of the Program. Fees charged to state agencies for their employees who participate in the Program may be less than fees charged to other employers for persons employed by them. The Administrator shall also require a nominal fee to be charged individuals who participate in the Program.
Added by Laws 1995, c. 310, § 11, emerg. eff. June 5, 1995.
§74-840-3.16. Executive Development Program for State Officials.
A. There is hereby created the Executive Development Program for State Officials within the Office of Personnel Management. The Program shall be administered by the Administrator of the Office of Personnel Management. The purpose of the Executive Development Program for State Officials is to enhance the leadership skills of program participants. This program is designed for cabinet secretaries, agency directors, and senior-level executives within Oklahoma state agencies.
B. The Administrator of the Office of Personnel Management may adopt rules necessary to implement the Executive Development Program for State Officials. The Administrator may establish and collect fees for participation in the Program.
Laws 2009, c. 12, § 8, eff. July 1, 2009.