Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2019-3

Current through Vol. 41, No. 20, July 1, 2024
I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to
			 the power and authority vested in me by Sections 1 and 2 of Article VI of the
			 Oklahoma Constitution and by Subsection D of Section
			 840-2.14
			 of Title 74 of the Oklahoma Statutes, hereby order a State agency personnel
			 action freeze for classified employee positions (hereinafter referred to as
			 "personnel freeze"). This personnel freeze does not apply to unclassified
			 employee positions.
For purposes of this personnel freeze, I hereby delegate
			 authority to approve or disapprove exemption requests to:
1) the statewide elected officials who direct
		  and manage State employing entities ("agencies"); and
2) for all other State agencies, the
		  appropriate Cabinet Secretary, as designated by the Executive Order in effect
		  that creates the Cabinet System pursuant to 74 O.S. §
							10.3. In the event the appropriate
		  Cabinet Secretary position is vacant, the authority to approve or disapprove
		  exemptions is delegated to the Secretary of Agency Accountability.
This hiring freeze shall be implemented by all agencies in
			 accordance with the following guidelines:
1. No audits of classified positions or
		  reallocation of unclassified positions shall be initiated or conducted at the
		  request of any agency unless specifically approved by the appropriate statewide
		  elected official or Cabinet Secretary (collectively referred to as "Cabinet
		  Secretary"). Provided, however, an audit at the request of an employee who
		  files a classification grievance shall be conducted during this personnel
		  freeze in accordance with 74 O.S. § 840.43.
2. Except as specifically provided and
		  authorized by this Order, all agencies are prohibited from hiring, reinstating,
		  granting salary raises, awarding performance bonuses, and promoting classified
		  employees and from accepting a transferred classified employee from another
		  agency without first securing the express, written approval of the appropriate
		  Cabinet Secretary.
3. With regard
		  to classified Information Technology ("IT") positions, all hiring,
		  reinstatement, salary raises, performance bonuses, promotions, or acceptances
		  of transferred employees, shall require the exclusive approval of the Secretary
		  of Agency Accountability.
4. For
		  personnel actions meeting any of the criteria outlined in paragraphs 2 or 3
		  above, an exemption to this personnel freeze may only be granted if the Chief
		  Administrative Officer of an agency submits a request to, and receives approval
		  from, the appropriate Cabinet Secretary for that agency, or, for IT personnel
		  actions, approval from, the Secretary of Agency Accountability. Requests for
		  exemptions and approvals shall be made in the following manner:
a. A Chief Administrative Officer shall
		  submit a written request to the appropriate cabinet secretary stating the
		  special conditions requiring the submission of the request.
b. Such requests shall be submitted through
		  the electronic exception process of the Human Capital Management Division of
		  the Office of Management and Enterprise Services ("OMES"), hereinafter referred
		  to as HCM, if such electronic exception process is available.
c. Upon finding that the request for an
		  exemption to this personnel freeze is justified based on the special
		  conditions, as identified by the agency's Chief Administrative Officer, the
		  Cabinet Secretary shall indicate his or her approval of the exemption in
		  writing.
d. All approved requests
		  and Cabinet Secretary findings shall be maintained in accordance with the
		  Records Management Act, and in HCM's exception system, if available.
5. The Director of OMES is hereby
		  directed to develop and implement procedures necessary to carry out the
		  provisions of this Order.
6. The
		  Director of OMES is authorized to require Cabinet Secretaries to provide him or
		  her with periodic accountings of approvals and disapprovals of requests for
		  exemptions to this personnel freeze, a copy of such accountings shall also be
		  provided to the Governor. To ensure proper monitoring, the Director of OMES is
		  authorized to develop a protocol requiring all Cabinet Secretaries to regularly
		  report all personnel actions related to this Order in their respective areas of
		  responsibility.
7. The Oklahoma
		  Military Department's personnel actions shall comply with this Order, except
		  for those actions and contracts for which the Department receives total federal
		  government reimbursement.