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

Current through Vol. 41, No. 20, July 1, 2024
SECOND AMENDED EXECUTIVE ORDER 2019-3
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 and unclassified Information
			 Technology ("IT") positions (hereinafter referred to as "personnel freeze").
			 This personnel freeze does not apply to unclassified employee positions unless
			 specifically mentioned herein.
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") 
		  1; 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, or if the Cabinet
		  Secretary is unavailable to act in a timely manner, the authority to approve or
		  disapprove exemptions is delegated to the State Chief Operating Officer.
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 and unclassified IT positions, all hiring, reinstatement, salary
		  raises, performance bonuses, promotions, or acceptances of transferred
		  employees, shall require the exclusive written approval of the State Chief
		  Operating Officer.
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 State Chief Operating Officer. 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.
In furtherance of this personnel freeze, HCM, in consultation
			 with agencies that have been placed under the Merit System of Personnel
			 Administration, shall conduct a study of all classified positions, which shall
			 be submitted to this office upon completion. Such study shall consider and
			 address the following:
1. Identify
		  classified job families, or levels within job families, that are better suited
		  for unclassified service.
2.
		  Determine the extent to which each Merit System agency is required to maintain
		  personnel standards on a merit basis by federal law or regulations for
		  grant-in-aid programs.
3. Define a
		  framework for the management and maintenance of an unclassified workforce that
		  maximizes organizational flexibility without compromising essential merit and
		  fitness employment principals.
Copies of this Order shall be distributed to all statewide
			 elected officials, the State Chief Operating Officer, Cabinet Secretaries, and
			 the Director of OMES for immediate implementation.
IN WITNESS WHEREOF, I have set my hand and caused the Great Seal
			 of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 5 
			 th day of March, 2021.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Brian Bingman
Secretary of State
1 Statewide elected officials may
			 accomplish their duties pursuant to this Order in the same manner as they
			 effect other official actions