ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR QUESTION WHICH ASKS, IN EFFECT:
DOES ARTICLE XXV, SECTION 4 OF THE OKLAHOMA CONSTITUTION CONVEY UNRESTRICTED AND UNRESTRAINED AUTHORITY TO THE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES (DHS) TO CREATE OR MOVE ANY AND ALL DHS POSITION CLASSIFICATIONS INTO OR OUT OF THE UNCLASSIFIED SERVICE AS THE DIRECTOR DEEMS APPROPRIATE?
ARTICLE XXV OF THE OKLAHOMA CONSTITUTION CREATED THE OKLAHOMA PUBLIC WELFARE COMMISSION AND THE OKLAHOMA DEPARTMENT OF PUBLIC WELFARE, WHICH IS SUBJECT TO THE CONTROL OF THE COMMISSION. THE ARTICLE WAS ADOPTED BY VOTE OF THE PEOPLE OF OKLAHOMA BY INITIATIVE REFERENDUM IN JULY, 1936. TODAY THESE AGENCIES ARE MORE COMMONLY KNOWN AS THE COMMISSION FOR HUMAN SERVICES AND THE DEPARTMENT OF HUMAN SERVICES, RESPECTIVELY. 56 O.S. 162.1. ARTICLE XXV, SECTION 4 OF THE OKLAHOMA CONSTITUTION PROVIDES IN PART:
(TEXT OF STATUTE) FOR CLASSIFIED SERVICE BASED UPON TRAINING, EXPERIENCE AND GENERAL ABILITY OF PERSONS SELECTED FOR POSITIONS IN THE DEPARTMENT OR ANY INSTITUTIONS OR ACTIVITIES UNDER THE SUPERVISION OF THE DEPARTMENT. (EMPHASIS ADDED.)
ARTICLE XXV, SECTION 4 (HEREINAFTER S 4) PROVIDES THAT THE ADMINISTRATIVE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT SHALL BE CARRIED OUT BY THE DIRECTOR OF PUBLIC WELFARE. TODAY THIS POSITION IS MORE COMMONLY REFERRED TO AS THE DIRECTOR OF HUMAN SERVICES, AND BOTH TITLES ARE USED BY THE OKLAHOMA STATUTES (SEE 56 O.S. 26.16/56 O.S. 26.17).
SECTION 4, QUOTED ABOVE, CLEARLY IDENTIFIES THE DUTY OF THE DIRECTOR TO "EMPLOY PERSONNEL OF THE DEPARTMENT, PRESCRIBE MINIMUM STANDARDS OF QUALIFICATIONS FOR SUCH PERSONNEL AND CONDUCT EXAMINATIONS BEFORE EMPLOYMENT, FORMULATE SALARY SCHEDULES FOR CLASSIFIED SERVICE BASED UPON TRAINING, EXPERIENCE AND GENERAL ABILITY OF PERSONS SELECTED FOR POSITIONS IN THE DEPARTMENT" OR ITS INSTITUTIONS. THESE DUTIES AND REFERENCE TO CLASSIFIED SERVICE RELATE TO THE ADMINISTRATION OF A MERIT SYSTEM. TODAY THE USE OF THE TERM "CLASSIFIED SERVICE" IN OKLAHOMA STATE GOVERNMENT IS DEFINED IN MERIT RULE 530:10-1-2, DEFINITIONS, TO MEAN "STATE EMPLOYEES AND POSITIONS UNDER THE JURISDICTION OF THE OKLAHOMA MERIT SYSTEM OF PERSONNEL ADMINISTRATION."
HOWEVER, THE DUTY AND POWER OF THE DIRECTOR OF PUBLIC WELFARE TO ADMINISTER PERSONNEL IS "(S)UBJECT TO THE CONTROL OF THE COMMISSION," PURSUANT TO ARTICLE XXV, SECTION 4 SUPRA. ARTICLE XXV IMPOSES FUNDAMENTAL DUTIES UPON THE DEPARTMENT OF PUBLIC WELFARE, AND ITS GOVERNING COMMISSION. IN SECTION 2 THE DEPARTMENT IS CHARGED WITH "THE DUTY AND RESPONSIBILITY OF FAITHFULLY ADMINISTERING AND CARRYING INTO EXECUTION ALL LAWS ENACTED PURSUANT TO THE AUTHORITY GRANTED IN SECTION ONE HEREOF AND SHALL PERFORM SUCH OTHER DUTIES AS MAY. FROM TIME TO TIME. BE PRESCRIBED BY LAW." (EMPHASIS ADDED.)
SINCE 1936, NUMEROUS LAWS HAVE BEEN ADOPTED AND AMENDED, EITHER BY THE PEOPLE THROUGH INITIATIVE PETITION OR BY THE LEGISLATURE, CHARGING THE DEPARTMENT WITH VARIOUS DUTIES AND RESPONSIBILITIES FOR THE PUBLIC GOOD AND PROVIDING FOR THE RELIEF AND CARE OF NEEDY PERSONS, CHILDREN, PHYSICALLY INFIRM, AND THE DISABLED.
IN 1959, THE OKLAHOMA LEGISLATURE ADOPTED THE FIRST STATUTORY MERIT SYSTEM FOR GENERAL USE BY OKLAHOMA STATE GOVERNMENT. 74 O.S. 801 (1959) ET. IN