38 | 64 | | |
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39 | 65 | | An Act relating to the Department of Human S ervices; |
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40 | 66 | | amending 56 O.S. 2011, Section 2 6.17, as last amended |
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41 | 67 | | by Section 1, Chapter 395, O. S.L. 2015 (56 O.S. Supp. |
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42 | 68 | | 2020, Section 26.17) , which relates to classification |
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43 | 69 | | of employees; removing and adding positions in |
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44 | 70 | | unclassified service ; allowing certain employees to |
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45 | 71 | | retain classified status; providing for conversion of |
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46 | 72 | | certain positions to unc lassified status under |
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47 | 73 | | certain conditions; and providing an effective date . |
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49 | 75 | | |
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50 | 76 | | |
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51 | 77 | | |
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52 | 78 | | |
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53 | 79 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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54 | 80 | | SECTION 1. AMENDATORY 56 O.S. 2011, Section 26.17, as |
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55 | 81 | | last amended by Section 1, Chapte r 395, O.S.L. 2015 (56 O.S. Supp. |
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56 | 82 | | 2020, Section 26.17), is amended to read as follows: |
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57 | 83 | | Section 26.17. A. The Director of Human Services shall have |
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58 | 84 | | the power to employ and fix the qualifications, duties , and |
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59 | 85 | | compensation of employees necessary to the fulf illment of the duties |
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60 | 86 | | of the Department of Human Services as provided by law , and shall |
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61 | 87 | | have the power to approve any legal claim for payment. |
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62 | 88 | | B. The Department of Human Services shall be a Merit System |
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63 | 89 | | agency. The provisions of this section shall supers ede and revoke |
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92 | 142 | | Services or its pred ecessors under the provisions of the Merit |
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93 | 143 | | System of Personnel Administration. |
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94 | 144 | | C. In addition to offices, po sitions, and personnel in the |
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95 | 145 | | unclassified service pursuant to Sections 840 -5.3 and 840-5.5 of |
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96 | 146 | | Title 74 of the Oklahoma Statutes, the following off ices, positions, |
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97 | 147 | | and personnel shall be in the unclassified service: |
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98 | 148 | | 1. Campus police appointed pursuant to Section 162.2 of this |
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99 | 149 | | title; |
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100 | 150 | | 2. The legal division or unit established pursuant to Section |
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101 | 151 | | 236 of this title; |
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102 | 152 | | 3. 2. The Construction Unit and the Architectural and |
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103 | 153 | | Engineering Unit or their successor units; and |
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104 | 154 | | 3. All positions not subject to merit prot ections as conditions |
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105 | 155 | | of participation in any federal program administered by the |
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106 | 156 | | Department of Human Services . |
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107 | 157 | | 4. A maximum of ten percent (10%) of the maximum number of |
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108 | 158 | | full-time-equivalent positions authorized by law to the Department |
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109 | 159 | | of Human Services and selected at the discretion of the Director of |
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110 | 160 | | the Department of Human Services. |
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111 | 161 | | D. Employees retained in the unclassified service under the |
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112 | 162 | | provisions of this section shall be employees at will. Any |
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113 | 163 | | classified employee occupying a posi tion selected by the Director |
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114 | 164 | | pursuant to this paragraph to becom e an unclassified position may |
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143 | 217 | | position shall be in the unclassified service . In accordance with |
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144 | 218 | | existing law, any classified employee who is serving in a position |
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145 | 219 | | on the effective date of the removal of the position from classified |
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146 | 220 | | service and placement into the unclassified service shall have the |
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147 | 221 | | option of retaining the employee 's classified status. If the |
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148 | 222 | | employee chooses to remain in th e classified service, the position |
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149 | 223 | | occupied by the employee shall remain in the classified service |
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150 | 224 | | until the employee eith er vacates the position o r elects |
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151 | 225 | | unclassified status in writing. All future appointees to such |
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152 | 226 | | positions shall be in the unclassifie d service. The Director shall |
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153 | 227 | | submit a list of suc h positions to the Office of Management and |
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154 | 228 | | Enterprise Services by September 1, 2004, and annual ly thereafter. |
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155 | 229 | | D. E. All other offices, positions and personnel of the |
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156 | 230 | | Department of Human Services shall be classified and subject to the |
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157 | 231 | | provisions of the Me rit System of Personnel Administration, as |
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158 | 232 | | provided in the Oklahoma Personnel Act and rules prom ulgated |
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159 | 233 | | thereunder. |
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160 | 234 | | SECTION 2. This act shall become effective November 1, 2021. |
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