Oklahoma § 74-840.1

§ 74-840.1.

242, § 54.

Renumbered as § 840-1.1 of this title by Laws 1994, c.

§74-840-1.1. Short title - Content of act.

A. Sections 840-1.1 through 840-6.9 of this title shall be

known and may be cited as the "Oklahoma Personnel Act".

B. All statutes hereinafter enacted and codified within

Sections 840-1.1 through 840-6.9 of this title shall be part of the

Oklahoma Personnel Act.

Added by Laws 1982, c. 338, § 1, eff. July 1, 1982. Amended by Laws

1990, c. 204, § 6, emerg. eff. May 10, 1990. Renumbered from §

840.1 of this title by Laws 1994, c. 242, § 54. Amended by Laws

1997, c. 287, § 1, eff. July 1, 1997.

Oklahoma Statutes - Title 74. State Government

§74-840-1.2.

11, 2022.

Repealed by Laws 2022, c. 243, § 27, emerg. eff. May

§74-840-1.3. Definitions.

As used in this act, unless otherwise provided in Sections 8401.1 through 840-6.9 of this title:

1. "Agency" means any office, department, board, commission or

institution of the executive branch of state government;

2. "Employee" or "state employee" means an elected or appointed

officer or employee of an agency unless otherwise indicated;

3. "Appointing authority" means the chief administrative

officer of an agency;

4. "Job-related organization" means a membership association

which collects annual dues, conducts annual meetings and provides

job-related education for its members and which includes state

employees, including any association for which payroll deductions

for membership dues are authorized pursuant to paragraph 5 of

subsection B of Section 34.70 of Title 62 of the Oklahoma Statutes;

5. "Progressive discipline" means a system designed to ensure

the consistency, impartiality and predictability of discipline and

the flexibility to vary penalties if justified by aggravating or

mitigating conditions;

6. "Supervisor" means an officer or employee who has been

assigned authority and responsibility for evaluating the performance

of subordinates;

7. "Director" means the appointing authority of the Office of

Management and Enterprise Services;

8. "Office" means the Office of Management and Enterprise

Services; and

9. "Veteran" means a person who has been honorably discharged

from the Armed Forces of the United States.

Added by Laws 1982, c. 338, § 3, eff. July 1, 1982. Amended by Laws

1986, c. 158, § 6, operative July 1, 1986; Laws 1986, c. 252, § 3,

eff. Nov. 1, 1986; Laws 1994, c. 242, § 1. Renumbered from § 840.3

of this title by Laws 1994, c. 242, § 54. Amended by Laws 1995, c.

310, § 1, emerg. eff. June 5, 1995; Laws 1996, c. 320, § 1, emerg.

eff. June 12, 1996; Laws 1997, c. 287, § 2, eff. July 1, 1997; Laws

1998, c. 256, § 1, eff. July 1, 1998; Laws 1999, c. 410, § 2, eff.

Nov. 1, 1999; Laws 2001, c. 381, § 1, eff. July 1, 2001; Laws 2002,

c. 347, § 3, eff. Nov. 1, 2002; Laws 2010, c. 286, § 1, eff. Nov. 1,

2010; Laws 2012, c. 304, § 868; Laws 2022, c. 243, § 2, emerg. eff.

May 11, 2022.

§74-840-1.4.

Repealed by Laws 2011, c. 302, § 12.

Oklahoma Statutes - Title 74. State Government

§74-840-1.5.

2012.

Repealed by Laws 2012, c. 303, § 21, eff. Nov. 1,

§74-840-1.6. Office of Management and Enterprise Services Organization.

A. The internal administrative organization of the Office of

Management and Enterprise Services shall be determined by the

Director of the Office of Management and Enterprise Services in such

a manner as to promote the efficient and effective enforcement of

this act.

B. The Director of the Office of Management and Enterprise

Services may employ attorneys, accountants and other personnel as

the Director deems necessary to carry out the duties imposed upon

the Office.

Added by Laws 1982, c. 338, § 6, eff. July 1, 1982. Renumbered from

§ 840.6 of this title by Laws 1994, c. 242, § 54. Amended by Laws

2005, c. 453, § 1, eff. July 1, 2005; Laws 2012, c. 303, § 5, eff.

Nov. 1, 2012; Laws 2022, c. 243, § 3, emerg. eff. May 11, 2022.

§74-840-1.6A. Office of Management and Enterprise Services Personnel administration.

The Office of Personnel Management Division of the Office of

State Finance was consolidated into and renamed the Office of

Management and Enterprise Services. Where the term "Office of

Personnel Management" is used within the Oklahoma Statutes, it shall

mean the Office of Management and Enterprise Services. The chief

administrative officer shall be the Director of the Office of

Management and Enterprise Services. In addition to the other duties

imposed by law, the Director shall:

1. Be responsible for the development of an efficient and

effective system of personnel administration that meets the

management needs of the various agencies;

2. Organize the Office to provide both service and regulatory

functions that are effective and efficient in meeting the management

needs of various state agencies. The Director is directed to

establish an agency service function to assist agencies with human

resource needs based upon the administrative capacity and resources

of the various agencies;

3. Prepare, maintain, and revise a system of employment

designed to ensure the impartial consideration of applicants for

employment and to protect state employees from arbitrary dismissal

or unfair treatment;

4. Develop and maintain a classification and compensation

system for all positions in the executive branch of state government

including those established by the Oklahoma Constitution;

5. Conduct an analysis of the rates of pay prevailing in the

state in the public and private sectors for comparable jobs and

Oklahoma Statutes - Title 74. State Government

report the findings to the Governor, the President Pro Tempore of

the Senate, and the Speaker of the House of Representatives no later

than December 1 of each year. Such analysis shall include all forms

of compensation including fringe benefits. Information solicited by

the Office of Management and Enterprise Services from public and

private sector employers for such analysis, including but not

limited to salaries, benefits, and compensation policies and

procedures, shall be confidential and shall not be subject to

disclosure under the Oklahoma Open Records Act;

6. Assist state agencies in implementing their duties and

obligations and provide standard forms to the agencies if necessary;

7. Develop, in cooperation with appointing authorities,

employee training programs, management training programs, a

certified public manager program, a recruiting program, and a system

of performance appraisals, and assist appointing authorities in the

setting of productivity goals. The Director may establish and

collect fees for participation in training programs. The Director

is authorized to purchase awards for presentation to state employees

as part of employee recognition activities sponsored by the Office

of Management and Enterprise Services;

8. Establish rules for leave and pay including, but not limited

to, rules for leave, furloughs, performance pay increases, rates for

pay differentials, on-call pay, and other types of pay incentives

and salary adjustments consistent with this act and reduction-inforce;

9. Be responsible for the development and maintenance of a

uniform occupation code system, grouped by job titles or duties, for

all state positions. The responsibility shall include the

establishment of rules governing the identification, tracking, and

reporting of all state positions as provided in Section 840-2.13 of

this title;

10. Be responsible for advising state agencies on personnel

policy and administration;

11. Establish standards for continuing training and

certification of personnel professionals in the executive branch of

state government, excluding institutions within The Oklahoma State

System of Higher Education. Employees appointed to professional

personnel positions shall complete an initial training program

within one (1) year after assuming the professional personnel

position. Thereafter, they shall complete annual training

requirements. Each appointing authority shall ensure that all

professional personnel employees are notified of, and scheduled to

attend, required training programs and shall make time available for

employees to complete the programs. The Director shall be

authorized to bill agencies for the training of personnel

professionals pursuant to this paragraph to recover reasonable costs

associated with the training. Monies received for such training

Oklahoma Statutes - Title 74. State Government

shall be deposited in the Human Capital Management Revolving Fund.

Expenditure of such funds collected for the training shall be exempt

from any expenditure limit on the Office of Management and

Enterprise Services established by law;

12. Not less than once during each two-year period, conduct a

study identifying the following, by job family descriptors:

a.

selected jobs with a turnover rate in excess of ten

percent (10%),

b.

selected jobs identified by the Director of the Office

of Management and Enterprise Services with salaries

and benefits that are ten percent (10%) or more below

the market for such positions, and

c.

selected jobs identified by the Director in which

recruitment efforts have yielded a low number of

qualified applicants;

13. Establish a workforce planning function within the Office

of Management and Enterprise Services to assist state agencies in

analyzing the current workforce, determining future workforce needs,

and implementing solutions so that agencies may accomplish their

missions; and

14. Establish a quality management function within the Office

of Management and Enterprise Services and shall assist state

agencies in fully integrating quality management concepts and models

into their business practices for the purpose of improving the

overall efficiency and effectiveness of state government.

Added by Laws 1982, c. 338, § 5, eff. July 1, 1982. Amended by Laws

1983, c. 274, § 1, operative July 1, 1983; Laws 1985, c. 46, § 1,

emerg. eff. April 23, 1985; Laws 1986, c. 84, § 1, eff. Nov. 1,

1986; Laws 1986, c. 158, § 8, operative July 1, 1986; Laws 1986, c.

244, § 1, emerg. eff. June 12, 1986; Laws 1994, c. 242, § 3.

Renumbered from § 840.5 of this title by Laws 1994, c. 242, § 54.

Renumbered from § 840-2.12 of this title by Laws 1995, c. 310, § 24,

emerg. eff. June 5, 1995. Amended by Laws 1996, c. 320, § 2, emerg.

eff. June 12, 1996; Laws 1999, c. 410, § 3, eff. Nov. 1, 1999; Laws

2000, c. 336, § 1, eff. July 1, 2000; Laws 2001, c. 213, § 1, eff.

July 1, 2001; Laws 2001, c. 381, § 2, eff. July 1, 2001; Laws 2002,

c. 22, § 30, emerg. eff. March 8, 2002; Laws 2002, c. 347, § 4, eff.

Nov. 1, 2002; Laws 2003, c. 212, § 6, eff. July 1, 2003; Laws 2004,

c. 312, § 1, eff. July 1, 2004; Laws 2011, c. 302, § 8; Laws 2012,

c. 303, § 6, eff. Nov. 1, 2012; Laws 2016, c. 7, § 1, eff. Nov. 1,

2016; Laws 2022, c. 243, § 4, emerg. eff. May 11, 2022.

NOTE: Laws 2001, c. 348, § 2 repealed by Laws 2002, c. 22, § 34,

emerg. eff. March 8, 2002.

§74-840-1.6B.

11, 2022.

Repealed by Laws 2022, c. 243, § 27, emerg. eff. May

Oklahoma Statutes - Title 74. State Government

§74-840-1.7.

Repealed by Laws 2025, c. 317, § 8, eff. July 1, 2025.

§74-840-1.8.

11, 2022.

Repealed by Laws 2022, c. 243, § 27, emerg. eff. May

§74-840-1.9.

11, 2022.

Repealed by Laws 2022, c. 243, § 27, emerg. eff. May

§74-840-1.10.

11, 2022.

Repealed by Laws 2022, c. 243, § 27, emerg. eff. May

§74-840-1.12.

11, 2022.

Repealed by Laws 2022, c. 243, § 27, emerg. eff. May

§74-840-1.13.

11, 2022.

Repealed by Laws 2022, c. 243, § 27, emerg. eff. May

§74-840-1.14. Attorney General as legal counsel - Opinions to

officers or employees - Representation of Commission - Conflict of

interest - Appointment of alternate counsel.

When any officer or employee of the state is in doubt as to the

application of the Oklahoma Personnel Act as to himself or to any

employee under his supervision, he may submit to the Attorney

General a full written statement of the facts and questions he may

have. The Attorney General shall then render an opinion to such

person and may publish these opinions, or abstracts thereof, with

the use of the name of the person advised unless such person

requests otherwise in writing. The Attorney General shall be the

legal counsel for the Oklahoma Merit Protection Commission and

represent it when its decisions are appealed to higher courts. The

Office of the Attorney General shall be legal counsel for and

represent the Merit Protection Commission notwithstanding its

representation of any other state department, agency, board or

commission in the same or related matters pending before the Merit

Protection Commission or before any court. The Attorney General

shall establish internal administrative procedures to ensure that

both such agencies are provided independent legal representation,

and such simultaneous representation shall not, of itself, be deemed

to constitute a conflict of interest. In the event the Attorney

General determines an irreconcilable conflict of interest exists, to

the extent that he is unable to provide simultaneous representation

to both the Merit Protection Commission and another state

department, agency, board or commission the provision of Section

18c-2 of this title shall apply.

Added by Laws 1982, c. 338, § 32, eff. July 1, 1982. Amended by

Laws 1986, c. 158, § 17, operative July 1, 1986; Laws 1990, c. 264,

Oklahoma Statutes - Title 74. State Government

§ 69, operative July 1, 1990. Renumbered from § 841.11 of this

title by Laws 1994, c. 242, § 54.

§74-840-1.15.

11, 2022.

Repealed by Laws 2022, c. 243, § 27, emerg. eff. May

§74-840-1.16. Conflicts with federal requirements.

A. If any part of this act is found to be in conflict with

federal requirements which are a condition precedent to the

allocation of federal funds to the state, the conflicting part of

this act shall be inoperative solely to the extent of the conflict

and with respect to the agencies directly affected, and such

findings shall not affect the operation of the remainder of this act

in its application to the agencies concerned.

B. Notwithstanding any provisions in this act to the contrary,

no regulation shall be adopted which would deprive the state of

federal grants or other forms of financial assistance, and the rules

and regulations promulgated hereunder shall include standards,

provisions, terms and conditions for personnel engaged in the

administration of federally aided programs, which shall, in all

respects, comply with the necessary requirements for a qualified

personnel system under the standards applicable to personnel engaged

in the administration of federally aided programs.

Added by Laws 1982, c. 338, § 11, eff. July 1, 1982. Renumbered

from § 840.11 of this title by Laws 1994, c. 242, § 54.

§74-840-1.17. Agreements with municipalities to furnish services

and facilities.

The Office may enter into agreement with any municipality or

political subdivision of the state to furnish services and

facilities of the Office to the municipality or political

subdivision in the administration of its personnel on merit

principles. Any such agreement shall provide for the reimbursement

to the state of the cost of the services and facilities furnished.

All municipalities and political subdivisions of the state may enter

into such agreements.

Added by Laws 1982, c. 338, § 12, eff. July 1, 1982. Renumbered

from § 840.12 of this title by Laws 1994, c. 242, § 54.

§74-840-1.18. Payment for services – Citizen actions – Employee

actions.

A. Any state agency for which the Director provides payroll

services shall pay for such services at a rate established by the

Director, which shall be based upon the cost to the Director of

providing such services. Each agency shall remit payment for such

services quarterly from departmental or agency funds to the Director

Oklahoma Statutes - Title 74. State Government

who shall deposit such payments into the Human Capital Management

Revolving Fund created in Section 840-1.20 of this title.

B. No state disbursing or auditing officer shall make or

approve or take any part in making or approving any payment for

personal service to any person holding a position in state service,

brought under law unless the payroll voucher or account of such pay

bears the certification of the appointing authority or designee,

that the persons named therein have been appointed and employed in

accordance with the provisions of law and the rules promulgated

hereunder. The appointing authority or designee may for proper

cause withhold certification from an entire payroll or from any

specific item or items thereon.

Any citizen may maintain a suit to restrain a disbursing officer

from making any payment in contravention of any provision of law or

rules promulgated hereunder. Any sum paid contrary to any provision

of law or any rule promulgated hereunder may be recovered in an

action maintained by any citizen, from any officer who made,

approved or authorized such payment or who signed or countersigned a

voucher, payroll, check or warrant for such payment, or from the

sureties on the official bond of any such officer. All monies

recovered in any such action shall be paid into the State Treasury.

Any person appointed or employed in contravention of any

provision of law or any rules or orders promulgated hereunder, whose

employment is brought within the terms of law, who performs service

for which he or she is not paid, may maintain an action against the

officer or officers who purported to appoint or employ the person to

recover the agreed pay for such services, or the reasonable value

thereof if no pay was agreed upon. No officer shall be reimbursed

by the state at any time for any sum paid to such person on account

of such services.

If the appointing authority or designee wrongfully withholds

certification of the payroll voucher or account of any employee,

such employee may maintain an action or proceeding in the courts to

compel the appointing authority or designee to certify such payroll

voucher or account.

Added by Laws 1982, c. 338, § 14, eff. July 1, 1982. Amended by

Laws 1983, c. 288, § 1, operative July 1, 1983. Renumbered from §

840.14 of this title by Laws 1994, c. 242, § 54. Amended by Laws

2003, c. 212, § 8, eff. July 1, 2003; Laws 2004, c. 312, § 2, eff.

Nov. 1, 2004; Laws 2005, c. 176, § 1, eff. July 1, 2005; Laws 2012,

c. 304, § 869; Laws 2022, c. 243, § 6, emerg. eff. May 11, 2022.

§74-840-1.19.

11, 2022.

Repealed by Laws 2022, c. 243, § 27, emerg. eff. May

§74-840-1.20.

Human Capital Management Revolving Fund - Petty cash.

Oklahoma Statutes - Title 74. State Government

A. There is hereby created in the State Treasury a revolving

fund for the Office of Management and Enterprise Services to be

designated the "Human Capital Management Revolving Fund". The fund

shall be a continuing fund, not subject to fiscal year limitations,

and shall consist of fees received by the Office of Management and

Enterprise Services for providing training for a certified public

managers program and all other monies received by the Office of

Management and Enterprise Services. All monies accruing to the

credit of the fund are hereby appropriated and may be budgeted and

expended by the Office of Management and Enterprise Services for

defraying the costs incurred in performing the duties and functions

of the Office. Expenditures from the fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.

B. There is hereby created a petty cash fund not to exceed Two

Hundred Fifty Dollars ($250.00) for the Office of Management and

Enterprise Services. The Director of the Office of Management and

Enterprise Services shall prescribe the rules and procedures for the

administration of the petty cash fund.

C. Any monies in or obligations against the Employee Benefits

Revolving Fund and the Benefits Council Administration Revolving

Fund shall be transferred to the Human Capital Management Revolving

Fund. Funds previously designated for deposit into the Employee

Benefits Revolving Fund and the Benefits Council Administration

Revolving Fund shall be deposited into the Human Capital Management

Revolving Fund.

D. The Office of Management and Enterprise Services is hereby

directed to pay from the fund the costs of transcribing the record

of any proceeding before the Office of Management and Enterprise

Services, which record may be designated by an indigent respondent,

if such respondent first establishes indigent condition through

execution of an in forma pauperis affidavit upon a form approved by

the Office of Management and Enterprise Services; provided, that if

the indigent respondent has a financial recovery the fund shall be

reimbursed from the proceeds.

Added by Laws 1988, c. 248, § 7, operative July 1, 1988. Amended by

Laws 1994, c. 242, § 28. Renumbered from § 840.5b of this title by

Laws 1994, c. 242, § 54. Amended by Laws 2007, c. 342, § 1, eff.

July 1, 2007; Laws 2012, c. 303, § 10, eff. Nov. 1, 2012; Laws 2022,

c. 243, § 7, emerg. eff. May 11, 2022.

§74-840-1.21.

11, 2022.