Oklahoma § 3-84.2 - Department of Aerospace and Aeronautics — Employees —

§ 3-84.2. Department of Aerospace and Aeronautics — Employees —

Unclassified service — Property — Funding.

A. Beginning July 1, 2002, the Oklahoma Department of Aerospace

and Aeronautics shall cease to be part of or a division of the

Department of Transportation and shall be deemed to be a separate

and distinct agency, to be known as the Oklahoma Department of

Aerospace and Aeronautics, and not under the Merit System of

Personnel Administration. The Oklahoma Department of Aerospace and

Aeronautics and the Director of the Oklahoma Department of Aerospace

and Aeronautics shall continue to exercise their statutory powers,

duties, and responsibilities. All records, property, equipment,

assets, monies, matters pending, and funds of the division shall be

transferred to the Oklahoma Department of Aerospace and Aeronautics.

B. 1. The number of full-time-equivalent employees for the

Oklahoma Department of Aerospace and Aeronautics shall not be less

than ten, nor more than the number of employees currently allowed by

law for the Oklahoma Aeronautics Commission division of the

Department of Transportation and who transfer to the Oklahoma

Department of Aerospace and Aeronautics pursuant to this section.

In no event shall the total full-time-equivalent employees of the

Oklahoma Department of Aerospace and Aeronautics transferring or

electing to remain with the Department of Transportation exceed

eighteen full-time-equivalent positions.

2. All full-time-equivalent employee positions for the Oklahoma

Department of Aerospace and Aeronautics shall not be under the Merit

System of Personnel Administration and shall be considered

unclassified service. All employees shall serve at the pleasure of

the Director of the Oklahoma Department of Aerospace and

Aeronautics.

3. The Oklahoma Department of Aerospace and Aeronautics and the

Department of Transportation may enter into an agreement for the

transfer of personnel from the Department of Transportation to the

Oklahoma Department of Aerospace and Aeronautics. No employee shall

be transferred to the Oklahoma Department of Aerospace and

Aeronautics except on the freely given written consent of the

employee. All classified employees under the Merit System of

Personnel Administration who are not transferred to the Oklahoma

Department of Aerospace and Aeronautics shall retain the status in

Oklahoma Statutes - Title 3. Aircraft and Airports

the class to which the position occupied by the employee on July 1,

2002, is allocated by the Office of Personnel Management. The

salary of such an employee shall not be reduced as a result of such

position allocation. All employees who are transferred to the

Oklahoma Department of Aerospace and Aeronautics shall not be

required to accept a lesser grade or salary than presently received.

All employees shall retain leave, sick and annual time earned, and

any retirement and longevity benefits which have accrued during

their tenure with the Department of Transportation. The transfer of

personnel between the state agencies shall be coordinated with the

Office of Personnel Management.

C. The Oklahoma Department of Aerospace and Aeronautics shall

be authorized to rent, lease, or own the appropriate office space

and property in order to conduct its business. The Oklahoma

Department of Aerospace and Aeronautics is authorized to accept

gifts, bequests, devises, contributions, and grants, public or

private, including federal funds or funds from any other source for

use in furthering the purpose of the Oklahoma Department of

Aerospace and Aeronautics.

D. Funding for the Oklahoma Department of Aerospace and

Aeronautics shall be provided for in the appropriation process of

the Legislature, in addition to any other funding provided by law.

The expenses incurred by the Oklahoma Department of Aerospace and

Aeronautics as a result of the transfer required by this section

shall be paid by the Oklahoma Department of Aerospace and

Aeronautics.

E. The division within the Department of Transportation known

as the Oklahoma Aeronautics Commission shall be abolished by the

Transportation Commission after the transfer has been completed.

F. The Director of State Finance is directed to coordinate the

transfer of assets, funds, allotments, purchase orders, liabilities,

outstanding financial obligations or encumbrances provided for in

this section. The Department of Central Services shall coordinate

the transfer of property and records provided for in this section.

Added by Laws 2002, c. 269, § 1, eff. July 1, 2002. Amended by Laws

2005, c. 100, § 2, eff. July 1, 2005; Laws 2023, c. 126, § 4, eff.

Nov. 1, 2023.