SECTION 260:25-13-3. Notice of reduction-in-force and time requirements

(a)   Cabinet Secretary approval. Prior to the posting of any reduction-in-force notice, the notice shall be approved by the cabinet secretary for the agency conducting the reduction-in-force. [74:840-2.27C] If there is no incumbent cabinet secretary for the agency or if the appointing authority is governed by an elected official, the approval requirement shall not apply.

(b)   Notice. At least 60 days before the scheduled beginning of reduction-in-force separations or as otherwise provided by law, the Appointing Authority shall post a notice in each office affected by the proposed reduction-in-force that a reduction-in-force will be conducted in accordance with the Oklahoma Personnel Act and Merit Rules. Such notice shall be posted for 5 days. The Appointing Authority shall provide a copy of the notice to the Administrator. A reduction-in-force shall not be used as a disciplinary action. [74:840 2.27C(A)]

(c)   Implementation plan. The reduction-in-force implementation plan and subsequent personnel transactions directly related to the reduction-in-force shall be in compliance with rules adopted by the Administrator. The reduction-in-force implementation plan, including the description of and reasons for displacement limits and protections from displacement actions, and severance benefits that will be offered shall be posted in each office affected by the plan within 5 business days after posting of the reduction-in-force notice. At the discretion of the Appointing Authority, the reduction-in-force implementation plan may be posted concurrently with the reduction-in-force notice. The reduction-in- force implementation plan shall:

(1)   Specify the position or positions to be abolished within specified units, divisions, facilities, agency- wide or any parts thereof, as determined by the Appointing Authority;

(2)   Provide for retention of affected employees based on type of appointment;

(3)   Require separation of probationary classified affected employees in affected job family levels, except those affected employees in probationary status after reinstatement from permanent classified status without a break in service, prior to the separation of any permanent classified affected employee in an affected job family level;

(4)   Provide for the retention of permanent classified affected employees in job family levels and those affected employees in probationary status after reinstatement, based on years of service;

(5)   Provide for exercise of displacement opportunities by permanent classified affected employees and those affected employees in probationary status after reinstatement if any displacement opportunities exist; and

(6)   Provide for outplacement assistance and employment counseling from the Oklahoma Employment Security Commission and any other outplacement assistance and employment counseling that may be available. [74:840-2.27C(B)]

(d)   Review of fiscal components. The Director of the Office of Management and Enterprise Services shall, within 5 business days of receipt, review the fiscal components of the reduction-in-force implementation plan and reject any plan that does not meet the requirements of Section 840-2.27C(D) of Title 74 of the Oklahoma Statutes.

(e)   Notice to State Employee Retirement Systems. Within 30 days after the approval of a reduction-in- force implementation plan by the Office of Management and Enterprise Services, the Appointing Authority shall provide written notice of the approved plan to the Oklahoma Public Employees Retirement System or the Oklahoma Teachers' Retirement System, or a combination thereof to facilitate the possible purchase of termination credit if the affected employee(s) is a member of the aforementioned retirement system.

[Source: Added at 31 Ok Reg 1346, eff 9-12-14]