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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 306 By: Haste
AS INTRODUCED
An Act relating to the Oklahoma Personnel Act;
amending 74 O.S. 2011, Section 840 -5.5, as last
amended by Section 1, Chapter 365, O.S.L. 2 019 (74
O.S. Supp. 2020, Section 840 -5.5), which relates to
unclassified service; modifying list of professions
which may be appointed to the unclassified service a t
the discretion of the agency ; providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 840 -5.5, as
last amended by Section 1, Chapter 365, O.S.L. 201 9 (74 O.S. Supp.
2020, Section 840-5.5), is amended to read as follows:
Section 840-5.5. A. The following offices, positions, and
personnel shall be in the unclassified service and sh all not be
placed under the classified service:
1. Persons chosen by popular vote or app ointment to fill an
elective office, and their employees, except the em ployees of the
Corporation Commission, the State Department of Education and the
Department of Labor;
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2. Members of boards and commissions, and heads of agenc ies;
also one principal as sistant or deputy an d one executive secretary
for each state agency;
3. All judges, elected or appointed, and their employees;
4. Persons employed with one -time, limited duration, federal or
other grant funding that is not conti nuing or indefinitely
renewable. The length o f the unclassified employment shall not
exceed the period of time for which that specific federal funding is
provided;
5. All officers and employe es of The Oklahoma State System of
Higher Education, State Boar d of Education and Oklahom a Department
of Career and Technology Education;
6. Persons employed i n a professional or scientific capacity to
make or conduct a temporary and special inquiry, inve stigation, or
examination on behalf of the Legislature or a com mittee thereof or
by authority of the Governor . These appointments and authorizations
shall terminate on the first day of the regular legislative session
immediately following the appointment, if not terminated earlier.
However, nothing in this paragraph shall prevent the reautho rization
and reappointment of any such person. Any such appointment sh all be
funded from the budget of the appointing authority;
7. Election officials and employees;
8. Temporary employees employed to work less than one thousan d
(1,000) hours in any twe lve-month period, and seasonal employees
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employed by the Oklahoma Touri sm and Recreation Department pursuant
to Section 2241 of this title who work less than one thous and six
hundred (1,600) hours in any twelve -month period;
9. Department of Public Safety employees occupying the
following offices or positions:
a. administrative aides to the Commissioner,
b. executive secretaries to the Commissioner,
c. the Governor’s representative of the Oklahoma Highway
Safety Office who shall b e appointed by the Governo r,
d. Highway Patrol Colonel,
e. Highway Patrol Lieutenant Colonel,
f. Highway Patrol Major,
g. Director of Finance,
h. noncommissioned pilots,
i. Information Systems Administrator,
j. Law Enforcement Telecommunications System Spe cialist,
k. Director of Driver Compliance,
l. Director of Transportation Division,
m. Director of the Oklahoma Highway Safety Office,
n. Civil Rights Administrator,
o. Budget Analyst,
p. Comptroller,
q. Chaplain,
r. Helicopter Mechanic,
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s. Director of Safety Compliance,
t. Human Resources Director,
u. Administrator of Department Services, and
v. a maximum of seven positions for the purpose of
administering programs in the Oklahoma Highway Safety
Office, within full-time employee limitations of the
Department, employed with federal f unding that is
continuing or indefinitely renewable. The
authorization for such positions shall be terminated
if the federal funding for positions is discontinued;
provided, any person appointed to a position prescribed in
subparagraph d, e or f of this p aragraph shall have a right of
return to the classified commissioned po sition without any loss of
rights, privileges or benefits immediately upon completion of the
duties in the unclassified commissioned position;
10. Professional trainees only during the prescribed length of
their course of training or extension study;
11. Students who are employed on a part -time basis, which shall
be seventy-five percent (75%) of a normal forty-hour work week or
thirty (30) hours per week, or l ess, or on a full-time basis if the
employment is pursuant to a cooperative education program suc h as
that provided for under Title I IV -D of the Higher Education Act of
1965 (20 U.S.C. 1087a -1087c), as amended, and who are regularly
enrolled in:
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a. an institution of higher learnin g within The Oklahom a
State System of Higher Education,
b. an institution of higher learning qualified to become
coordinated with The Oklahoma State System of Higher
Education. For purposes of this section, a student
shall be considered a regularly enroll ed student if
the student is enrolled in a minimum of five (5) hours
of accredited graduate courses or a minimum of ten
(10) hours of accredited undergraduate courses;
provided, however, the student shall only be required
to be enrolled in a minimum of six (6) hours of
accredited undergraduate courses during the summer, or
c. high school students regularly enrolled in a high
school in Oklahoma and regularly attending cl asses
during such time of enrollment;
12. The spouses of perso nnel who are employed on a part-time
basis to assist or work as a relief for their spouses in the
Oklahoma Tourism and Recreation Department;
13. Service substitute attendants who are needed t o replace
museum and site attendants who are unavoidably absent . Service
substitutes may work as part-time or full-time relief for absentees
for a period of not more than four (4) weeks per year in the
Oklahoma Historical Society sites and museums; such s ubstitutes will
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not count towards the agency ’s full-time-equivalent (FTE) employee
limit;
14. Employees of the Oklahoma House of Representatives, the
State Senate, or the Legislative Service Bureau;
15. Corporation Commission personnel occupying the foll owing
offices and positions:
a. Administrative aides, and execu tive secretaries to the
Commissioners,
b. Directors of all the divisions, personnel managers and
comptrollers,
c. General Counsel,
d. Public Utility Division Chief Engineer,
e. Public Utility Division Chief Accountant,
f. Public Utility Division Chief Econ omist,
g. Public Utility Division Deputy Direc tor,
h. Secretary of the Commission,
i. Deputy Conservation Director,
j. Manager of Pollution Abatement,
k. Manager of Field Operations,
l. Manager of Technical Services,
m. Public Utility Division Chief of Tel ecommunications,
n. Director of Information Se rvices,
o. All Data Processing employees hired on o r after
September 1, 2005,
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p. All Public Utilities employees hired on or after
September 1, 2007,
q. All Regulatory Program Managers hired on or after
September 1, 2007, and
r. All Pipeline Safety Departme nt employees hired on or
after September 1, 2008;
16. At the option of the employing agency, the Supervisor,
Director, or Educational Coordinator in any other state agency
having a primary responsibility to co ordinate educational progr ams
operated for children in state institutions;
17. Department of Men tal Health and Substance Abuse Services
personnel occupying the following offices and positions at each
facility:
a. Director of Facility,
b. Deputy Director for Administration,
c. Clinical Services Direct or,
d. Executive Secretary to Director, and
e. Directors or Heads of Departments or Services;
18. Office of Management and Enterprise Services per sonnel
occupying the following offices and positions:
a. State Comptroller,
b. Administrative Officers,
c. Alternator Claims Auditor,
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d. Employees hired to fulf ill state compliance agency
requirements under Model Tribal Gaming Compacts,
e. Employees of the Budget Division,
f. Employees of the Fiscal and Research Divis ion,
g. Employees hired to work on the CORE Systems Project,
and
h. The following employees of th e Information Services
Division:
(1) Information Services Division Manager,
(2) Network Manager,
(3) Network Technicians,
(4) Security Manager,
(5) Contracts/Purchasing Manager,
(6) Operating and Applicati ons Manager,
(7) Project Manager,
(8) Help Desk Manager,
(9) Help Desk Technicians,
(10) Quality Assurance Manager,
(11) ISD Analysts,
(12) CORE Manager,
(13) Enterprise System/Database Software Manager,
(14) Data Center Operations and Production Manager,
(15) Voice Communications Manager,
(16) Applications Development Manager,
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(17) Projects Manager,
(18) PC’s Manager,
(19) Servers Manager,
(20) Portal Manager,
(21) Procurement Specialists,
(22) Security Technicians,
(23) Enterprise Communications and Netwo rk
Administrator,
(24) Server Support Specialists,
(25) Senior Server Support Specialists,
(26) Systems Support Specialists,
(27) Senior Systems Support Specialists,
(28) Chief Technology Officer,
(29) Facility Manager,
(30) Application Development Specialists,
(31) Senior Application Development Specialis ts,
(32) Workstation Specialists,
(33) Senior Workstation Specialists,
(34) Cabling Infrastructu re Administration,
(35) Planning Specialists,
(36) Senior Planning Specialists,
(37) Network Specialists,
(38) Senior Network Specialists,
(39) Voice Communication Specialists, and
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(40) Senior Voice Communication Specialists;
19. Employees of the Oklahoma Industrial Finance Authority;
20. Those positions so specifie d in the annual business p lan of
the Oklahoma Department of Commerce;
21. Those positions so spe cified in the annual business plan of
the Oklahoma Center for the Advancement of Science and Tec hnology;
22. The following positions and employees of the Okla homa
School of Science and Mathematics:
a. positions for which the annual salary is Twenty -four
Thousand One Hundred Ninety -three Dollars ($24,193.00)
or more, as determined by the Office of Ma nagement and
Enterprise Services; provided, no position shall
become unclassified because of any change in salary or
grade while it is occupied by a classified employee,
b. positions requiring certification by the State
Department of Education, and
c. positions and employees authorized to be in the
unclassified service of the state elsewhere i n this
section or in subsection B of this section;
23. Office of Manag ement and Enterprise Services employees
occupying the following positions:
a. the Carl Albert Internship Program Coordinator,
b. one Administrative Assistant,
c. one Workforce Planning Manager,
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d. Assistant Administrators,
e. one Associate Administrator, a nd
f. Division Directors;
24. Department of Labor personnel occupying the following
offices and positions:
a. two Deputy Commissioners,
b. two Executive Secretaries to the Commissioner ,
c. Chief of Staff,
d. two Administrative Assistants,
e. Information Systems Administrator,
f. three Safety and Health Directors,
g. Research Director,
h. Employment Standards Director,
i. Asbestos Director,
j. General Counsel,
k. one Legal Secretary,
l. one Docket Clerk,
m. two Information Systems Application Specialists,
n. one Administrative Programs Officer,
o. one Industrial Hygienist Supervisor, and
p. one Public Information Officer;
25. The State Bond Advisor and his or he r employees;
26. The Oklahoma Employment Secu rity Commission employees
occupying the following p ositions:
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a. Associate Director,
b. Secretary to the Associate Director, and
c. Assistant to the Executive Director;
27. Officers and employees of the State B anking Department;
28. Officers and employees of the University Hospitals
Authority except perso nnel in the state classified service pursuant
to Section 3211 of Title 63 of the Oklahoma Statut es and members of
the University Hospitals Authority Model Pers onnel System created
pursuant to subsection E of Section 3211 of Title 63 of the Oklahoma
Statutes or as otherwise provided for in Section 3213.2 of Title 63
of the Oklahoma Statutes;
29. Alcoholic Beverage Laws Enforcement Commission employees
occupying the following positions:
a. three Administrative Service Assistant positions,
however, employees in such positions who are in the
unclassified service on June 4, 2003, may make an
election to be in the classified service without a
loss in salary by Septemb er 1, 2003, and
b. the Deputy Director positio n in addition to the one
authorized by paragraph 2 of this subsection;
30. The Oklahoma State Bureau of Investigation employees
occupying the following positions:
a. five assistant directors,
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b. special investigators based upon the ava ilability of
funds and the needs of the agency as determined by the
Director,
c. one information representative,
d. one federally funded physical evidence technician,
e. four federally funded laboratory analysts,
f. a maximum of fourteen positions employed for the
purpose of managing the automated information systems
of the agency,
g. one executive secretary in addition to the one
executive secretary authorized pursuant to paragraph 2
of this subsection,
h. Child Abuse Response Tea m (CART) investigator,
i. Child Abuse Response Team (CART) forensic interviewer,
j. nine administration and research positions and five
data processing and information technology positions
transferred from the Criminal Justice Resource Center
pursuant to Section 150.17a of this tit le,
k. one Human Resources Director, and
l. one Comptroller;
31. The Department of Transportation, the following positions:
a. Director of the Oklahoma Aeronautics Co mmission,
b. five Department of Transportation Assistant Direct or
positions,
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c. eight field division engineer positions,
d. one pilot position,
e. five Project Manager positions, and
f. five Transportation Coordinators;
32. Commissioners of the Land Offic e employees occupying the
following positions:
a. Chief Financial Officer,
b. two Assistant Directors of Fina ncial Services,
c. two Archivists,
d. one Audit Tech position,
e. two Auditor positions,
f. two Accounting Tech I positions,
g. two Administrative Assistant positions,
h. one Imaging Specialist position,
i. one Information Systems Speci alist position,
j. Director of Communications,
k. Director of Royalty C ompliance,
l. Director of Mineral Management,
m. Accountant or Certified Public Accountant,
n. Commercial Property Manager,
o. Assistant Secretary,
p. Director of Real Estate Management ,
q. one executive assistant,
r. one legal secretary,
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s. one secretary,
t. one Assistant Commercial Property Manager,
u. one Oil and Gas Production Advisor or Geologis t,
v. one Soil Conservationist,
w. one Administrative Programs Officer,
x. one Geographic Information Systems Specialist,
y. Director of Oil and Gas Division, a nd
z. Financial Manager/Comptroller;
33. Within the Oklahoma State Bureau of Narcotics and Dang erous
Drugs Control Commission, the following positions:
a. six Narcotics Agent positions and three Typist
Clerk/Spanish transcriptionists , including a Typist
Clerk Supervisor/Spanish transcriptionist; provided,
authorization for such positions shall be te rminated
if the federal funding for the positions is
discontinued,
b. one executive secretary in addition to the one
authorized pursuant to paragraph 2 of this subsection,
c. one fiscal officer,
d. one full-time Programmer, and
e. one full-time Network Engineer;
34. The Military Department of the State of Oklahoma is
authorized such unclassif ied employees within full-time employee
limitations to work in any of t he Department of Defense directed
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youth programs, the State of Oklahoma Juvenile Justice youth
programs, those persons reimbursed from Armory Board or Billetin g
Fund accounts, and skill ed trade positions;
35. Within the Oklahoma Commission on Children and Youth the
following unclassified positions:
a. one Oversight Specialist and one Community Devel opment
Planner,
b. one State Plan Grant Coordinator; provided,
authorization for the posi tion shall be termin ated
when federal support for the position by the U nited
States Department of Education Early Intervention
Program is discontinued,
c. one executive secretary in addition to the one
authorized pursuant to parag raph 2 of this subsection,
and
d. one Programs Manager;
36. The following positions and employee s of the Office of
Management and Enterprise Services:
a. one Executive Secretary in addition to the Executive
Secretary authorized by paragraph 2 of this
subsection,
b. the Director of Central Purchasing,
c. one Alternate Fuels Administrator,
d. one Director of Special Projects,
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e. three postauditors,
f. four high-technology contracting officers,
g. one Executive Assistant to the Purchasing Director,
h. four Contracts Managers,
i. one Associate Director,
j. one specialized HiTech/Food Contracting Officer,
k. one State Use Contracting Officer,
l. one Property Distribution Administrator,
m. three licensed architects assigned to the Construction
and Properties Division,
n. three licensed engineers assigned to the Construction
and Properties Division,
o. eight construction consultants assigned to the
Construction and Properties Division,
p. one attorney assigned to the Construction and
Properties Division,
q. three positions assigned to the I nformation Services
Division, which shall include one Information
Technology Manager, one Applications Specialist and
one Data Planning Specialist,
r. four positions assigned to Fleet Management, which
shall include one Deputy Fle et Manager and three
Management Analysts,
s. one Chief Auditor,
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t. one Assistant Director of Cent ral Purchasing Division,
u. one Professional Errors and Omissions Liability
Adjuster,
v. three Strategic Sourcing Managers,
w. three Strategic Sourcing Assista nt Managers, and
x. two Printing Services Brok ers;
37. Oklahoma Water Resources Board personnel occupying the
following offices and positions:
a. four Water Quality Assistant Division Chiefs,
b. four Water Resources Division Chiefs, and
c. Director of Water Planning;
38. J.D. McCarty Center for Chil dren with Developmental
Disabilities personnel occu pying the following offices and
positions:
a. Physical Therapists,
b. Physical Therapist Assista nts,
c. Occupational Therapists,
d. Certified Occupational Ther apist Aides, and
e. Speech Pathologists;
39. Oklahoma Historical Society personnel occupying the
following offices and positions:
a. the Development Officer,
b. the Director of the State Museu m of History,
c. the Cherokee Strip Regional Heritage Center Di rector,
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d. the Director of Museums and Historic Sites,
e. the Director of Research,
f. the Deputy State Historic Preservation Officer, and
g. the Director of the Oklahoma Museum of Popular
Culture;
40. Oklahoma Department of Agriculture, Food, and Forestr y
personnel occupying the following positions:
a. one Executive Secretary in addition to the Exec utive
Secretary authorized by paragraph 2 of this subsection
and one Executive Assistant,
b. nineteen Agricultural Marketing Coordinator III
positions,
c. temporary fire suppression per sonnel, regardless o f
the number of hours worked, who are employed by t he
Oklahoma Department of Agriculture, Food, and
Forestry; provided, however, notwithstanding th e
provisions of any other section of law, the hours
worked by such employees shall not en title such
employees to any benefits received by full -time
employees,
d. one Information Technology Specialist,
e. one Director of Administrative Services,
f. one Professional Engineer,
g. one hydrologist position,
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h. Pet Breeder Inspectors,
i. one Information Technology Tech nician,
j. Legal Services Director,
k. Animal Industry Services Director,
l. Agricultural Environmental Management Services
Director,
m. Forestry Services Director,
n. Plant Industry and Consumer Services Direc tor,
o. one Grants Administrator position,
p. Director of Laboratory Services,
q. Chief of Communications,
r. Public Information Manager,
s. Inventory/Supply Officer,
t. five Agriculture Field Inspector positions assigned
the responsibility for conducting inspections and
audits of agricultural grain s torage warehouses. All
other Agriculture Field Ins pector positions and
employees of the Oklahoma Department of Agriculture,
Food, and Forestry sha ll be classified and subject to
the provisions of the Merit Sys tem of Personnel
Administration. On November 1, 2002, all other
unclassified Agriculture Field I nspectors shall be
given status in the classified service as provided in
Section 840-4.2 of this title,
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u. Rural Fire Coordinator,
v. one Agricultural Marketin g Coordinator I,
w. Food Safety Division Direc tor,
x. two Environmental Program Specialists,
y. two Scale Technicians,
z. two Plant Protection Specialists,
aa. Chief Agent,
bb. Professional Foresters,
cc. Forestry Education Coordinator,
dd. Forest Data Analyst,
ee. Executive Secretary to Chief Agent, and
ff. Executive Secretary of State Forester;
41. The Contracts Administrator within the Oklahoma State
Employees Benefits Council;
42. The Development Officer within the Oklahoma Department of
Libraries;
43. Oklahoma Real Estate Co mmission personnel o ccupying the
following offices and positions:
a. Educational Program Director, and
b. Data Processing Manager;
44. A Chief Consumer Credit Examine r for the Department of
Consumer Credit;
45. All officers and employees of the Oklahoma Capitol Complex
and Centennial Commemoration Commission;
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46. All officers and employees of the Oklahoma Motor Vehicle
Commission;
47. One Museum Archivist of The Wil l Rogers Memorial
Commission;
48. One Fire Protection Consulta nt of the Office of the St ate
Fire Marshal;
49. Acting incumbents employed pursuant to Section 2 09 of Title
44 or Section 48 of Title 72 of the Oklahoma Statutes who shall not
be included in any limitation on full -time equivalency imposed by
law on an agency. Permanent classified employees may request a
leave of absence from classified status and ac cept an unclassified
appointment and compensation as an acting incumbent with the same
agency; provided, the leave shall expire no later than two (2) years
from the date of the acting i ncumbent appointment . An appointing
authority may establish unclassifi ed positions and appoint
unclassified employees to perform the duties of a permanent
classified employee who is on leave of absence from a classified
position to serve as an acting incu mbent. All unclassi fied
appointments created pursuant to this paragrap h shall expire no
later than two (2) years from the date of appointment. Classified
employees accepting unclassified appointments and compensation
pursuant to this paragraph shall be e ntitled to participa te without
interruption in any benefit programs ava ilable to classified
employees, including retirement and insurance programs. Immediately
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upon termination of an unclassified appointment pursuant to this
paragraph, an employee on assi gnment from the clas sified service
shall have a right to be restored to the classified service and
reinstated to the former job family level and compensation plus any
adjustments and increases in salary or benefits which the emplo yee
would have received bu t for the leave of a bsence;
50. The Oklahoma Homeland Security Directo r and all other
positions assigned the responsibilities of working in the Oklahoma
Office of Homeland Security;
51. The following eighteen positions in the St ate Department of
Health:
a. one surveillance supervisor,
b. one surveillance project monitor,
c. two bilingual interviewers,
d. eight senior interviewers, and
e. six interviewers;
52. State Board of Licensure for Professional Engineers and
Land Surveyors personnel occupying the f ollowing offices and
positions:
a. one Director of Enforcement, and
b. two Board Investigators;
53. One Information Systems Data Management Analyst of the
State and Education Employees Group Insurance Board;
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54. Office of Juveni le Affairs personnel occup ying the
following offices and positions:
a. two Management Information Systems positions, and
b. employees hired for service at the Southwest Oklahoma
Juvenile Center in Manitou after June 1, 2020, as
provided in subsection C of Section 2-7-202 of Title
10A of the Oklahoma S tatutes; and
55. Heads of agencies, principal assi stants or deputies and
executive secretaries of an agency that is consolidated into another
agency.
B. If an agency has the authority to employ personnel in t he
following offices and p ositions, the appoin ting authority shall have
the discretion to appoint personnel to the unclassified service:
1. Licensed medical doctors, osteopathic physicians, de ntists,
psychologists, and nurses;
2. Certified public account ants;
3. Licensed attorne ys;
4. Licensed veterinarians; and
5. Licensed pharmacists ;
6. Professional engineers;
7. Licensed architects;
8. Licensed landscape architects ; and
9. Licensed land surveyors.
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C. Effective July 1, 1996, authorization for u nclassified
offices, positions, or personnel c ontained in a bill or joint
resolution shall termin ate June 30 of the ensuing fiscal year after
the authorization unless the authorization is codif ied in the
Oklahoma Statutes or the termination is otherwise pr ovided in the
legislation.
D. The appointing authority of agencies participating in the
statewide information systems project may establish unclas sified
positions and appoint unclassified empl oyees to the project as
needed. Additional unclassified positi ons may be established, if
required, to appoint an unclassified employee to perform the duties
of a permanent classified employee who is temporaril y absent from a
classified position as a resul t of assignment to this project. All
unclassified appointments under this authority shall expire no later
than December 31, 2007, and all unclassified position s established
to support the project shall be abol ished. Both the positions and
appointments resulting from this authority shall be exempt from any
agency FTE limitations and any limits imposed on the num ber of
unclassified positions authorized. Permanen t classified employees
may request a leave of abse nce from classified status and accept an
unclassified appointment and compensation with the same agency under
the provisions of this subsection; provided, the leave shall expire
no later than December 31, 2 007. Employees accepting the
appointment and comp ensation shall be entitled to participate
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without interruption in any benefit programs available to classifie d
employees, including retirement and insuranc e programs. Immediately
upon termination of an unc lassified appointment pursuant to this
subsection, an employee on assignment from the classified service
shall have a right to be restored to the classified se rvice and
reinstated to the former job family level and compensation plus any
adjustments and increases in salary or benefits which the employee
would have received but for the leave of absence .
SECTION 2. This act shall become effective November 1, 2021.
58-1-1297 MR 1/7/2021 3:40:03 PM