A. The following offices, positions, and personnel shall be in the unclassified service and shall not be placed under the classified service:
1. Persons chosen by popular vote or appointment to fill an elective office, and their employees, except the employees of the Corporation Commission, the State Department of Education and the Department of Labor;
2. Members of boards and commissions, and heads of agencies; also one principal assistant or deputy and one executive secretary for each state agency;
3. All judges, elected or appointed, and their employees;
4. Persons employed with one-time, limited duration, federal or other grant funding that is not continuing or indefinitely renewable. The length of the unclassified employment shall not exceed the period of time for which that specific federal funding is provided;
5. All officers and employees of The Oklahoma State System of Higher Education, State Board of Education and Oklahoma Department of Career and Technology Education;
6. Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the Legislature or a committee thereof or by authority of the Governor. These appointments and authorizations shall terminate on the first day of the regular legislative session immediately following the appointment, if not terminated earlier. However, nothing in this paragraph shall prevent the reauthorization and reappointment of any such person. Any such appointment shall be funded from the budget of the appointing authority;
7. Election officials and employees;
8. Temporary employees employed to work less than one thousand (1,000) hours in any twelve-month period, and seasonal employees employed by the Oklahoma Tourism and Recreation Department pursuant to Section 2241 of this title who work less than one thousand six hundred (1,600) hours in any twelve-month period;
9. Department of Public Safety employees occupying the following offices or positions:
provided, any person appointed to a position prescribed in subparagraph d, e or f of this paragraph shall have a right of return to the classified commissioned position without any loss of rights, privileges or benefits immediately upon completion of the duties in the unclassified commissioned position;
10. Professional trainees only during the prescribed length of their course of training or extension study;
11. Students who are employed on a part-time basis, which shall be seventy-five percent (75%) of a normal forty-hour work week or thirty (30) hours per week, or less, or on a full-time basis if the employment is pursuant to a cooperative education program such as that provided for under Title I IV-D of the Higher Education Act of 1965 (20 U.S.C. 1087a-1087c), as amended, and who are regularly enrolled in:
12. The spouses of personnel who are employed on a part-time basis to assist or work as a relief for their spouses in the Oklahoma Tourism and Recreation Department;
13. Service substitute attendants who are needed to replace museum and site attendants who are unavoidably absent. Service substitutes may work as part-time or full-time relief for absentees for a period of not more than four (4) weeks per year in the Oklahoma Historical Society sites and museums; such substitutes will not count towards the agency's full-time-equivalent (FTE) employee limit;
14. Employees of the Oklahoma House of Representatives, the State Senate, or the Legislative Service Bureau;
15. Corporation Commission personnel occupying the following offices and positions:
16. At the option of the employing agency, the Supervisor, Director, or Educational Coordinator in any other state agency having a primary responsibility to coordinate educational programs operated for children in state institutions;
17. Department of Mental Health and Substance Abuse Services personnel occupying the following offices and positions at each facility:
18. Office of Management and Enterprise Services personnel occupying the following offices and positions:
19. Employees of the Oklahoma Industrial Finance Authority;
20. Those positions so specified in the annual business plan of the Oklahoma Department of Commerce;
21. Those positions so specified in the annual business plan of the Oklahoma Center for the Advancement of Science and Technology;
22. The following positions and employees of the Oklahoma School of Science and Mathematics:
23. Office of Management and Enterprise Services employees occupying the following positions:
24. Department of Labor personnel occupying the following offices and positions:
25. The State Bond Advisor and his or her employees;
26. The Oklahoma Employment Security Commission employees occupying the following positions:
27. Officers and employees of the State Banking Department;
28. Officers and employees of the University Hospitals Authority except personnel in the state classified service pursuant to Section 3211 of Title 63 of the Oklahoma Statutes and members of the University Hospitals Authority Model Personnel System created pursuant to subsection E of Section 3211 of Title 63 of the Oklahoma Statutes or as otherwise provided for in Section 3213.2 of Title 63 of the Oklahoma Statutes;
29. Alcoholic Beverage Laws Enforcement Commission employees occupying the following positions:
30. The Oklahoma State Bureau of Investigation employees occupying the following positions:
31. The Department of Transportation, the following positions:
32. Commissioners of the Land Office employees occupying the following positions:
33. Within the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Commission, the following positions:
34. The Military Department of the State of Oklahoma is authorized such unclassified employees within full-time employee limitations to work in any of the Department of Defense directed youth programs, the State of Oklahoma Juvenile Justice youth programs, those persons reimbursed from Armory Board or Billeting Fund accounts, and skilled trade positions;
35. Within the Oklahoma Commission on Children and Youth the following unclassified positions:
36. The following positions and employees of the Office of Management and Enterprise Services:
37. Oklahoma Water Resources Board personnel occupying the following offices and positions:
38. J.D. McCarty Center for Children with Developmental Disabilities personnel occupying the following offices and positions:
39. Oklahoma Historical Society personnel occupying the following offices and positions:
40. Oklahoma Department of Agriculture, Food, and Forestry personnel occupying the following positions:
41. The Contracts Administrator within the Oklahoma State Employees Benefits Council;
42. The Development Officer within the Oklahoma Department of Libraries;
43. Oklahoma Real Estate Commission personnel occupying the following offices and positions:
44. A Chief Consumer Credit Examiner for the Department of Consumer Credit;
45. All officers and employees of the Oklahoma Capitol Complex and Centennial Commemoration Commission;
46. All officers and employees of the Oklahoma Motor Vehicle Commission;
47. One Museum Archivist of The Will Rogers Memorial Commission;
48. One Fire Protection Consultant of the Office of the State Fire Marshal;
49. Acting incumbents employed pursuant to Section 209 of Title 44 or Section 48 of Title 72 of the Oklahoma Statutes who shall not be included in any limitation on full-time equivalency imposed by law on an agency. Permanent classified employees may request a leave of absence from classified status and accept an unclassified appointment and compensation as an acting incumbent with the same agency; provided, the leave shall expire no later than two (2) years from the date of the acting incumbent appointment. An appointing authority may establish unclassified positions and appoint unclassified employees to perform the duties of a permanent classified employee who is on leave of absence from a classified position to serve as an acting incumbent. All unclassified appointments created pursuant to this paragraph shall expire no later than two (2) years from the date of appointment. Classified employees accepting unclassified appointments and compensation pursuant to this paragraph shall be entitled to participate without interruption in any benefit programs available to classified employees, including retirement and insurance programs. Immediately upon termination of an unclassified appointment pursuant to this paragraph, an employee on assignment from the classified service shall have a right to be restored to the classified service and reinstated to the former job family level and compensation plus any adjustments and increases in salary or benefits which the employee would have received but for the leave of absence;
50. The Oklahoma Homeland Security Director and all other positions assigned the responsibilities of working in the Oklahoma Office of Homeland Security;
51. The following eighteen positions in the State Department of Health:
52. State Board of Licensure for Professional Engineers and Land Surveyors personnel occupying the following offices and positions:
53. One Information Systems Data Management Analyst of the State and Education Employees Group Insurance Board;
54. Office of Juvenile Affairs personnel occupying the following offices and positions:
55. Heads of agencies, principal assistants or deputies and executive secretaries of an agency that is consolidated into another agency.
B. If an agency has the authority to employ personnel in the following offices and positions, the appointing authority shall have the discretion to appoint personnel to the unclassified service:
1. Licensed medical doctors, osteopathic physicians, dentists, psychologists, and nurses;
2. Certified public accountants;
3. Licensed attorneys;
4. Licensed veterinarians; and
5. Licensed pharmacists.
C. Effective July 1, 1996, authorization for unclassified offices, positions, or personnel contained in a bill or joint resolution shall terminate June 30 of the ensuing fiscal year after the authorization unless the authorization is codified in the Oklahoma Statutes or the termination is otherwise provided in the legislation.
D. The appointing authority of agencies participating in the statewide information systems project may establish unclassified positions and appoint unclassified employees to the project as needed. Additional unclassified positions may be established, if required, to appoint an unclassified employee to perform the duties of a permanent classified employee who is temporarily absent from a classified position as a result of assignment to this project. All unclassified appointments under this authority shall expire no later than December 31, 2007, and all unclassified positions established to support the project shall be abolished. Both the positions and appointments resulting from this authority shall be exempt from any agency FTE limitations and any limits imposed on the number of unclassified positions authorized. Permanent classified employees may request a leave of absence from classified status and accept an unclassified appointment and compensation with the same agency under the provisions of this subsection; provided, the leave shall expire no later than December 31, 2007. Employees accepting the appointment and compensation shall be entitled to participate without interruption in any benefit programs available to classified employees, including retirement and insurance programs. Immediately upon termination of an unclassified appointment pursuant to this subsection, an employee on assignment from the classified service shall have a right to be restored to the classified service and reinstated to the former job family level and compensation plus any adjustments and increases in salary or benefits which the employee would have received but for the leave of absence.
Added by Laws 1982, c. 338, § 8, eff. July 1, 1982. Amended by Laws 1982, c. 358, § 21, emerg. eff. June 2, 1982; Laws 1983, c. 263, § 15, operative July 1, 1983; Laws 1984, c. 284, § 19, operative July 1, 1984; Laws 1985, c. 46, § 2, emerg. eff. April 23, 1985; Laws 1985, c. 325, § 15, emerg. eff. July 29, 1985; Laws 1986, c. 19, § 6, emerg. eff. March 17, 1986; Laws 1986, c. 244, § 3, emerg. eff. June 12, 1986; Laws 1986, c. 277, § 13, emerg. eff. June 24, 1986; Laws 1987, c. 222, § 120, operative July 1, 1987; Laws 1989, c. 291, § 5, eff. July 1, 1989; Laws 1989, c. 370, § 15, operative July 1, 1989; Laws 1990, c. 23, § 9, operative July 1, 1990; Laws 1990, c. 260, § 50, operative July 1, 1990; Laws 1990, c. 264, § 87, operative July 1, 1990; Laws 1991, c. 308, § 3, eff. July 1, 1991; Laws 1992, c. 373, § 21, eff. July 1, 1992; Laws 1993, c. 10, § 14, emerg. eff. March 21, 1993; Laws 1993, c. 183, § 72, eff. July 1, 1993; Laws 1993, c. 333, § 2, eff. July 1, 1993; Laws 1994, c. 2, § 30, emerg. eff. March 2, 1994. Renumbered from § 840.8 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1994, c. 315, § 5, eff. July 1, 1994; Laws 1995, c. 64, § 1, emerg. eff. April 11, 1995; Laws 1995, c. 328, § 13, eff. July 1, 1995; Laws 1996, c. 3, § 22, emerg. eff. March 6, 1996; Laws 1996, c. 327, § 1, eff. Nov. 1, 1996; Laws 1997, c. 2, § 20, emerg. eff. Feb. 26, 1997; Laws 1998, c. 165, § 1, eff. July 1, 1998; Laws 1998, c. 412, § 5, eff. July 1, 1998; Laws 1999, c. 1, § 38, emerg. eff. Feb. 24, 1999; Laws 1999, c. 375, § 1, eff. July 1, 1999; Laws 2000, c. 6, § 25, emerg. eff. March 20, 2000; Laws 2000, c. 336, § 9, eff. July 1, 2000; Laws 2001, c. 167, § 13, emerg. eff. May 2, 2001; Laws 2001, c. 414, § 10, emerg. eff. June 4, 2001; Laws 2002, c. 22, § 32, emerg. eff. March 8, 2002; Laws 2002, c. 435, § 1, emerg. eff. June 5, 2002; Laws 2003, c. 3, § 89, emerg. eff. March 19, 2003; Laws 2003, c. 382, § 1; Laws 2004, c. 5, § 98, emerg. eff. March 1, 2004; Laws 2004, c. 157, § 7, emerg. eff. April 26, 2004; Laws 2004, c. 462, § 1, eff. July 1, 2004; Laws 2005, c. 1, § 132, emerg. eff. March 15, 2005; Laws 2005, c. 190, § 19, eff. Sept. 1, 2005; Laws 2005, c. 409, § 2, eff. Sept. 1, 2005; Laws 2006, c. 189, § 1, eff. July 1, 2006; Laws 2006, 2nd Ex. Sess., c. 47, § 3, eff. July 1, 2006; Laws 2007, c. 208, § 3, eff. July 1, 2007; Laws 2008, c. 3, § 49, emerg. eff. Feb. 28, 2008; Laws 2008, c. 300, § 1, eff. July 1, 2008; Laws 2010, c. 41, § 51, emerg. eff. April 2, 2010; Laws 2010, c. 392, § 1, emerg. eff. June 7, 2010; Laws 2011, c. 95, § 2, eff. Nov. 1, 2011; Laws 2011, c. 302, § 10; Laws 2012, c. 304, § 917; Laws 2013, c. 214, § 30, emerg. eff. May 7, 2013; Laws 2014, c. 117, § 6, eff. July 1, 2014; Laws 2016, c. 385, § 1, eff. July 1, 2016; Laws 2017, c. 42, § 35; Laws 2017, c. 177, § 1, eff. Nov. 1, 2017; Laws 2018, c. 222, § 2, eff. Nov. 1, 2018; Laws 2019, c. 128, § 1, eff. Nov. 1, 2019; Laws 2019, c. 365, § 1, eff. Nov. 1, 2019.
NOTE: Laws 1985, c. 281, § 6 repealed by Laws 1986, c. 19, § 7, emerg. eff. March 17, 1986. Laws 1987, c. 203, § 113 and Laws 1987, c. 204, § 121 repealed by Laws 1989, c. 291, § 11, eff. July 1, 1989 and by Laws 1989, c. 353, § 14, emerg. eff. June 3, 1989. Laws 1991, c. 291, § 18 repealed by Laws 1992, c. 367, § 29, eff. July 1, 1992 and by Laws 1992, c. 373, § 22, eff. July 1, 1992. Laws 1992, c. 367, § 4 repealed by Laws 1993, c. 10, § 16, emerg. eff. March 21, 1993. Laws 1993, c. 330, § 29 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994. Laws 1994, c. 242, § 8 repealed by Laws 1995, c. 64, § 2, emerg. eff. April 11, 1995. Laws 1995, c. 212, § 5 and Laws 1995, c. 181, § 12, as amended by Laws 1995, c. 309, § 2 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996. Laws 1996, c. 321, § 8 repealed by Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997. Laws 1998, c. 6, § 1 repealed by Laws 1998, c. 388, § 11, eff. July 1, 1998 and by Laws 1998, c. 412, § 6, eff. July 1, 1998. Laws 1998, c. 180, § 5 repealed by Laws 1998, c. 388, § 11, eff. July 1, 1998 and by Laws 1998, c. 412, § 6, eff. July 1, 1998. Laws 1998, c. 388, § 3 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999. Laws 1999, c. 372, § 6 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000. Laws 2000, c. 299, § 1 repealed by Laws 2001, c. 5, § 54, emerg. eff. March 21, 2001. Laws 2001, c. 5, § 53 repealed by Laws 2001, c. 414, § 13, emerg. eff. June 4, 2001. Laws 2001, c. 33, § 176, Laws 2001, c. 211, § 3, Laws 2001, c. 304, § 1, Laws 2001, c. 327, § 1 and Laws 2001, c. 381, § 13 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002. Laws 2002, c. 347, § 16 repealed by Laws 2003, c. 3, § 90, emerg. eff. March 19, 2003. Laws 2002, c. 396, § 4 repealed by Laws 2003, c. 3, § 91, emerg. eff. March 19, 2003. Laws 2002, c. 397, § 34 repealed by Laws 2003, c. 3, § 92, emerg. eff. March 19, 2003. Laws 2003, c. 279, § 11 repealed by Laws 2004, c. 5, § 99, emerg. eff. March 1, 2004. Laws 2003, c. 353, § 3 repealed by Laws 2004, c. 5, § 100, emerg. eff. March 1, 2004. Laws 2004, c. 130, § 12 repealed by Laws 2004, c. 462, § 3, eff. July 1, 2004. Laws 2004, c. 418, § 28 repealed by Laws 2005, c. 1, § 133, emerg. eff. March 15, 2005. Laws 2005, c. 176, § 7 repealed by Laws 2006, c. 16, § 84, emerg. eff. March 29, 2006. Laws 2006, c. 222, § 1 repealed by laws 2006, 2nd Ex. Sess., c. 47, § 4, eff. July 1, 2006. Laws 2007, c. 326, § 21 repealed by Laws 2008, c. 3, § 50, emerg. eff. Feb. 28, 2008. Laws 2016, c. 330, § 1 repealed by Laws 2017, c. 42, § 36. Laws 2016, c. 331, § 1 repealed by Laws 2017, c. 42, § 37. Laws 2016, c. 339, § 1 repealed by Laws 2017, c. 42, § 38.