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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3298 By: Humphrey
AS INTRODUCED
An Act relating to public finance; amending 62 O.S.
2021, Section 34.301, which relates to the Civil
Service and Human Capital Moderniz ation Act;
requiring Human Capital Management Division
investigate certain state agencies; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 62 O.S. 2021, Secti on 34.301, is
amended to read as follows:
Section 34.301 A. This act shall be known and may be cited as
the "Civil Service and Human Capital Modernization Act ".
B. The Human Capital Management D ivision of the Office of
Management and Enterprise Services shall:
1. Establish and maintain a State Employee Dispute Resolution
Program, which may include mediation, to provide dispute resolution
services for state agencies and state employees. Actions agreed to
through the State Employee D ispute Resolution Pro gram shall be
consistent with applicable laws and rules and shall not alter,
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reduce or modify any existing right or authority as provided by
statute or rule;
2. Establish rules pursuant to the Adm inistrative Procedures
Act as may be necessary to perform t he duties and functions of this
act, including creating an Office of Veterans Placement to offer
counseling, assessment and assistance to veterans seeking state
employment;
3. Receive and only act on complaints by state employees
arising from disciplinary action;
4. Use administrative law judges as independent contractors to
exercise the provisions of this act;
5. Submit quarterly reports on workload statistics to the
Governor, the Speaker of the Oklahoma House of Representatives and
the President Pro Te mpore of the Oklahoma State Senate containing
the following information:
a. the number of cases, complaints and requests for
hearings filed, disposed of and pending with the
Division for each month of the quarter, and
b. a numerical breakdown of the method s of disposition of
such cases, complaints and requests for hearing.
Quarterly reports shall be submitted within thirty (30) days
following the last day of the month of the appropriate quarter; and
6. Create a confidential whistleblow er program and serve as the
chief administrator of such program whereby a state employee may
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confidentially report claims of agency or employee mismanagement as
well as misuse of state funds or property.
C. Complaints shall be filed with the Human Capital Management
Division within five (5) business days of the date of when such
action occurred and hearings shall take place within twenty -five
(25) business days of the action.
D. Employees filing a complaint with the H uman Capital
Management Division shall prove that there was no reasonable basis
for the disciplinary action by the state agency. The review of the
merits of the complaint shall be limited to the employee
disciplinary file directly at issue. Complaints re lating to
punitive transfers or writte n reprimands shall be administrated
through mediation. Mediation may also be available for other
disciplinary actions.
E. Claimants shall be permitted to secure and utilize
representation during the adverse action pr ocess.
F. The presiding officer of an y proceeding before t he Human
Capital Management Division may require payment of reasonable
attorney fees and costs to the prevailing party if the position of
the nonprevailing party was without reasonable basis or was
frivolous.
G. For purposes of this s ection, "disciplinary actions" means
termination, suspension without pay, involuntary demotion, punitive
transfers or written reprimand.
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H. Nothing in this section shall apply to:
1. Persons employed by the Governor, Lieutenant Governor,
Oklahoma House of Representatives, Ok lahoma State Senate,
Legislative Service Bureau, or the Legislative Office of Fiscal
Transparency;
2. Elected officials;
3. Political appointees;
4. District attorneys, assistant district attorn eys or other
employees of the district attorney's office;
5. The state judiciary or persons employed by the state
judiciary; or
6. Not more than five percent (5%) of an agency 's employees
designated as executive management as determined by the agency
director.
I. Except as provided by subse ction H of this secti on,
effective January 1, 2022, all state employee positions shall be
administered by the Human Capital Management Division of the Office
of Management and Ent erprise Services, without reference to prior
classified or unclassified statu s.
J. Under the administration and oversig ht of the Human Capital
Management Division as set forth in subsection I of this section,
state agencies shall continue to be responsibl e for developing and
conducting policies and procedures for human resource ac tivities,
including, but not limited to, re cruitment, retention, promotion,
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market-based pay analysis, training and development. In addition,
state agencies shall develop procedu res for screening, hiring and
disciplinary actions of state employees subject to guidance and
approval by the Division.
K. The Human Capital Management Division shall investigate and
take remedial action for any state agency that has at least twenty-
five percent (25%) or more cases filed than the average amount of
cases filed for all other state agenc ies.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8591 LRB 01/05/22