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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 876 By: Dahm
AS INTRODUCED
An Act relating to Oklahoma Personnel Act; amending
74 O.S. 2011, Section 840 -5.5, as last amended by
Section 1, Chapter 365, O.S.L. 2019 ( 74 O.S. Supp.
2020, Section 840-5.5), which relates to unclassified
service; requiring all newly hired state employees to
be in the unclassified service except when required
by federal grant or funding to be in the classified
service; and declaring an emergency.
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. 2019 (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 se rvice and shall not be
placed under the classified service:
1. Persons chosen by popular vote or appointment to fill an
elective office, and their employees, except the employees of the
Corporation Commission, the Sta te Department of Education and the
Department of Labor;
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2. Members of boards and commissions, and heads of ag encies;
also one principal assistant or deputy and one executi ve secretary
for each state agency;
3. All judges, elected or appointed, and their employees;
4. Persons employed with o ne-time, limited duration, federal or
other grant funding that is not co ntinuing or indefinitely
renewable. The length of the unclass ified employment shall not
exceed the period of time for which that specific federal funding is
provided;
5. All officers and employees of The Oklahoma State System of
Higher Education, State B oard of Education and Oklahoma Department
of Career and Techno logy Education;
6. Persons employed in a professional or scientific capacity to
make or conduct a temporary and special i nquiry, investigation, or
examination on behalf of the Legislature or a committee thereof or
by authority of the Governor. These appo intments and authorizations
shall terminate on the first day of the regular legislat ive session
immediately following the appointment, if not terminated earlier.
However, nothing in this paragr aph shall prevent the reauthorization
and reappointment of any such person. Any such appointment shall be
funded from the budget of the appointin g authority;
7. Election officials an d employees;
8. Temporary employees employed to work less than one thou sand
(1,000) hours in any twelve-month period, and seasonal em ployees
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employed by the Oklahoma Tourism and Recreation Department pursuant
to Section 2241 of this title who work less th an one thousand 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 shal l be appointed by the Governor,
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 Specialist,
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 Hi ghway Safety
Office, within full-time employee limitations of the
Department, employed with federal funding that is
continuing or indefinitely renewable. The
authorization for such positions shall be terminated
if the federal funding for positions is disc ontinued;
provided, any person appointed to a position prescribed in
subparagraph d, e or f of this paragraph shall have a right of
return to the classified commissioned position without any loss of
rights, privileges or benefits immediately upon completio n 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, o r less, or on a full-time basis if the
employment is pursuant to a cooperative education program such 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 learning within The Oklahoma
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 enrolled student if
the student is enrolled in a minimum of five (5) hours
of accredited graduate courses or a minimum of t en
(10) hours of accredited undergradu ate 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 classes
during such time of enrollment;
12. The spouses of pe rsonnel who are employed on a part-time
basis to assist or wor k as a relief for their spouses in the
Oklahoma Tourism and Recreation Department;
13. Service substitute attendants who are needed to replace
museum and site attendants who are unavoidably abs ent. 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 mus eums; such substitutes will
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not count towards the agency ’s full-time-equivalent (FTE) employee
limit;
14. Employees of the Oklahoma H ouse of Representatives, the
State Senate, or the Legislative Service Bureau;
15. Corporation Commission personnel occupy ing the following
offices and positions:
a. Administrative aides, and ex ecutive 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 E conomist,
g. Public Utility Division Deputy Director,
h. Secretary of the Commission,
i. Deputy Conservation Director,
j. Manager of Pollution Aba tement,
k. Manager of Field Operations ,
l. Manager of Technical Services,
m. Public Utility Division Chief of Telecommunications,
n. Director of Information Services,
o. All Data Processing employees hired on or 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 Department 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 coordinate educational programs
operated for children in stat e institutions;
17. Department of Mental Health and Substance Abuse Services
personnel occupying the following offices an d positions at each
facility:
a. Director of Facility,
b. Deputy Director for Administration,
c. Clinical Services Director,
d. Executive Secretary to Director, and
e. Directors or Heads of Departments or Services;
18. Office of Management and Enterprise Services personnel
occupying the following offices and positions:
a. State Comptroller,
b. Administrative Officers,
c. Alternator Claims Auditor,
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d. Employees hired to fulfill state compliance agency
requirements under Model Tribal Gaming Compacts,
e. Employees of the Budget Division,
f. Employees of the Fiscal and Research Di vision,
g. Employees hired to work on the CORE Systems Project ,
and
h. The following employees of the Information Services
Division:
(1) Information Services Division Manager,
(2) Network Manager,
(3) Network Technicians,
(4) Security Manager,
(5) Contracts/Purchasing Manager,
(6) Operating and Applications 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 Network
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 Specialists,
(32) Workstation Specialists,
(33) Senior Workstation Specialists,
(34) Cabling Infrastructure 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 Communi cation Specialists;
19. Employees of the Oklahoma Industrial Finance Authority;
20. Those positions so speci fied in the annual business plan of
the Oklahoma Department of Commerce;
21. Those positions so specified in the annual business plan of
the Oklahoma Center for the Advancement of Sci ence and Technology;
22. The following positions and employees of the O klahoma
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 Management and
Enterprise Services; provided, no position shal l
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 in this
section or in subsection B of this section;
23. Office of Management and Enterprise Services employees
occupying the following positions:
a. the Carl Albert Internship Program Coordinator,
b. one Administrative Assistan t,
c. one Workforce Planning Manager,
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d. Assistant Administrat ors,
e. one Associate Administrator, and
f. Division Directors;
24. Department of L abor 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 Heal th 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 her employees;
26. The Oklahoma Employment Security Commissi on employees
occupying the following positions:
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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 Stat e Banking Department;
28. Officers and employees of the Unive rsity Hospitals
Authority except personnel in the state classified service pursuant
to Section 3211 of Title 63 of the Okl ahoma Statutes and members of
the University Hospitals Authority Model P ersonnel System created
pursuant to subsection E of Section 32 11 of Title 63 of the Oklahoma
Statutes or as otherwise provided for in Section 3213 .2 of Title 63
of the Oklahoma Statute s;
29. Alcoholic Beverage Laws Enforcement Commission employees
occupying the following positions:
a. three Administrative Service As sistant 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 Sept ember 1, 2003, and
b. the Deputy Director position in addition to the one
authorized by paragraph 2 of this subsection;
30. The Oklahoma State Bu reau of Investigation employees
occupying the following positions:
a. five assistant directors,
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b. special investigators based upon the availability 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 authori zed pursuant to paragraph 2
of this subsection,
h. Child Abuse Response Team (CART) investigator,
i. Child Abuse Response Team (CART) forensic interviewer,
j. nine administration and research positions and five
data processing and information technology po sitions
transferred from the Criminal Justice Resource Center
pursuant to Section 150.17a of this title,
k. one Human Resources Direct or, and
l. one Comptroller;
31. The Department of Transportation, the following pos itions:
a. Director of the Oklahoma Ae ronautics Commission,
b. five Department of Transportation Assistant Dir ector
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 th e Land Office employees occupying the
following positions:
a. Chief Financial Officer,
b. two Assistant Directors of Financial Service s,
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 Specialist position,
j. Director of Communications,
k. Director of Royalty Compliance,
l. Director of Mineral Management,
m. Accountant or Certified Public Acco untant,
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 Geologist,
v. one Soil Conservationist,
w. one Administrative Progra ms Officer,
x. one Geographic Information Systems Specialist,
y. Director of Oil and Gas Division, and
z. Financial Manager/Comptroller;
33. Within the Oklahoma State Bureau of Narcot ics and Dangerous
Drugs Control Commission, the following positions:
a. six Narcotics Agent positions and three Typist
Clerk/Spanish transcriptionists, including a Typist
Clerk Supervisor/Spanish transcriptionist; prov ided,
authorization for such positions shall be terminated
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 unclassified employees within full -time employee
limitations to work in any of the Department of Defense directed
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youth programs, the State of Oklahoma Juvenile Jus tice youth
programs, those persons reimbursed from Armory Board or Bille ting
Fund accounts, and skilled trade positions;
35. Within the Oklahoma Commission on Children and Youth the
following unclassified positions:
a. one Oversight Specialist and one Com munity Development
Planner,
b. one State Plan Grant Coordinator; provide d,
authorization for the position shall be terminated
when federal support for the position by the United
States Department of Education Early Int ervention
Program is discontinued,
c. one executive secretary in addition to the one
authorized pursuant to pa ragraph 2 of this subsection,
and
d. one Programs Manager;
36. The following positions and employees of the Office of
Management and Enterprise S ervices:
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 Construct ion
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 Information 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 Fleet Manager and three
Management Analysts,
s. one Chief Auditor,
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t. one Assistant Director of Central Purchasing Division,
u. one Professional Errors and Omissions Liability
Adjuster,
v. three Strategic Sourcing Managers,
w. three Strategic Sourcing Assi stant Managers, and
x. two Printing Services Brokers;
37. Oklahoma Water Resources Board personnel occupying the
following offices and positions:
a. four Water Quality Assistant Divis ion Chiefs,
b. four Water Resources Division Chiefs, and
c. Director of Water Planning;
38. J.D. McCarty Center for Children with Dev elopmental
Disabilities personnel occupying the following offices and
positions:
a. Physical Therapists,
b. Physical Therapist Assistants,
c. Occupational Therapists,
d. Certified Occupational T herapist 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 Museum of History,
c. the Cherokee Strip Regional Heritage Center Director,
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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 Fore stry
personnel occupying the following positions:
a. one Executive Secretary in addition to the Executive
Secretary authorized by paragraph 2 of t his subsection
and one Executive Assis tant,
b. nineteen Agricultural Marketing Coordinator III
positions,
c. temporary fire suppression personnel, regardless of
the number of hours worked, who are employed by the
Oklahoma Department of Agriculture, Food, a nd
Forestry; provided, however, notwit hstanding the
provisions of any other section of law, the hours
worked by such employees shall not entitle such
employees to any benef its 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 Technician,
j. Legal Services Director,
k. Animal Industry Services Director,
l. Agricultural Environ mental Management Services
Director,
m. Forestry Services Director,
n. Plant Industry and Consumer Services Di rector,
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 conducti ng inspections and
audits of agricultural grain storage wareho uses. All
other Agriculture Field Inspector positions and
employees of the Oklahoma Department of Agriculture,
Food, and Forestry shall be classified and subject to
the provisions of the Merit System of Personnel
Administration. On November 1, 2002, all other
unclassified Agriculture Field Inspectors shall be
given status in the classif ied service as provided in
Section 840-4.2 of this title,
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u. Rural Fire Coordinator,
v. one Agricultural Marke ting Coordinator I,
w. Food Safety Division Director,
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 Oklaho ma State
Employees Benefits Council;
42. The Development Officer within the Oklahoma Department of
Libraries;
43. Oklahoma Real Estate Commission personnel occupying the
following offices and positions:
a. Educational Program Director, and
b. Data Processing Manager;
44. A Chief Consumer Cr edit Examiner 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 Vehicl e
Commission;
47. One Museum Archivis t of The Will Rogers Memorial
Commission;
48. One Fire Protection Consu ltant of the Office of the State
Fire Marshal;
49. Acting incumbents employed pursuant to Section 209 of Title
44 or Section 48 of Title 72 of th e 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 accept an unclassified
appointment and compensat ion as an acting incumbent with the sa me
agency; provided, the leave shall expire no later than two (2) years
from the date of the acting incumbent appointment. An appoint ing
authority may establish unclassified positions and appoint
unclassified employee s to perform the duties of a permanent
classified employee who is on leave of absence from a classified
position to serve as an acting incumbent. All unclassified
appointments created pursuant to this paragraph shall expire no
later than two (2) years fro m the date of appointment. Classified
employees accepting unclassified appointments and compensation
pursuant to this paragraph shall be entitled to participate without
interruption in any benefit programs available to classified
employees, including reti rement and insurance programs. Immedi ately
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upon termination of an unclassified appointment pursuant to this
paragraph, an employee on assignment from the classified servic e
shall have a right to be restored to the classified service and
reinstated to the former job family level and compensati on plus any
adjustments and increases in salary or benefits which the em ployee
would have received but for the leave of absence;
50. The Oklahoma Homeland Security Director and all other
positions assigned the respons ibilities of working in the Oklahoma
Office of Homeland Security;
51. The following eighteen positions in the State 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 following 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 Juvenile Affairs personnel occupying the
following offices and po sitions:
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 Statutes; and
55. Heads of agencies, principal assistants or deputies and
executive secretaries o f an agency that is consolidated into another
agency.
B. If an agency has the authority to employ personnel i n the
following offices and positions, the appointing authorit y shall have
the discretion to appoint personnel to the unclassified service:
1. Licensed medical doctors, osteopathic ph ysicians, dentists,
psychologists, and nurses;
2. Certified public acco untants;
3. Licensed attorneys;
4. Licensed veterinarians; a nd
5. Licensed pharmacists.
C. Effective July 1, 1996, authorization for unclassif ied
offices, positions, or personnel c ontained in a bill or joint
resolution shall terminate June 30 of the en suing fiscal year after
the authorization unless the authoriza tion is codified in the
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Oklahoma Statutes or the termination is otherwise provided i n the
legislation.
D. Notwithstanding any other sections of law, on the effective
date of this act, all newly hired state employees shall be in the
unclassified service an d shall not be placed under the classified
service except for those posi tions required by a federal grant or
funding requirement.
E. The appointing authority of agencies participa ting in the
statewide information systems project may establish unclas sified
positions and appoint unclassified employees to the project as
needed. Additional unclassified positions may be established, if
required, to appoint an unclassified employee to p erform the duties
of a permanent classified employee who is temporaril y absent from a
classified position as a result of assignment to this proje ct. All
unclassified appointments und er this authority shall expire no later
than December 31, 2007, and all u nclassified positions established
to support the project shall be abol ished. Both the positions and
appointments resulting from this authority s hall be exempt from any
agency FTE limitations and any limits imposed on the number of
unclassified positions a uthorized. Permanent classified employees
may request a leave of abse nce from classified status and accept an
unclassified appointment and compe nsation with the same agency under
the provisions of this subsection; provided, the leave shall expire
no later than December 31, 2007. Employees accepting the
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appointment and comp ensation shall be entitled to participate
without interruption in any benef it programs available to classified
employees, including retirement and insurance programs. Immediately
upon termination of an unclassified appointment pursuant to this
subsection, an employee on assignment from the classified service
shall have a right t o be restored to the classified servic e 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. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is her eby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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