SECTION 260:25-13-34. Displacement opportunities and limits

(a)   Limitations on displacement opportunities. Except as provided in this Section, displacement opportunities shall be offered to eligible classified employees. Displacement opportunities shall not be offered if the result would be to cause the displacement of a permanent classified employee with higher retention points. Employees who have no displacement opportunities or who choose not to exercise a displacement opportunity, employees who do not respond to an offer in accordance with 260:25-13-37, and employees who refuse an offer shall be separated in accordance with 260:25-13-38.The appointing authority may protect from displacement action up to twenty percent (20%) of projected post-reduction- in-force employees in affected positions within displacement limits; provided that any fractional number resulting from the final mathematical calculation of the number of those positions shall be rounded to the next higher whole number. The appointing authority must explain why affected employees are being protected. Employees must have received an overall rating of "meets standards" on the most recent performance evaluation in order to exercise a displacement opportunity. For the purposes of this Section, employees who have not been rated within the past 12 months shall be deemed to have received an overall rating of "meets standards" on the most recent performance evaluation. [74:840- 2.27C]

(b)   Offers of displacement opportunities. Starting with the employee having the highest retention points, displacement opportunities shall be offered to eligible classified employees and to displaced employees. Such offers shall be confined within any displacement limits established by the Appointing Authority. Options available will be offered in the order listed below. If an opportunity at one level, e.g. (1)(A), does not exist, an opportunity at the next lower level, e.g. (1)(B), shall be offered, if available. If the affected employee has not held within the last five (5) years a position in the job family level or predecessor class in which the affected employee is otherwise eligible for a displacement opportunity, the appointing authority may determine that the affected employee does not possess the recent relevant experience for the position and deny in writing the displacement opportunity. [74:840-2.27C]

(1)   Transfer within the same job family and level into a retained position which is currently:

(A)   vacant and available for displacement in accordance with 260:25-13-31,

(B)   held by a non-permanent employee (in order of appointment type), or

(C)   held by the employee with the lowest retention points.

(2)   Lateral transfer to a retained position in another job family previously held in the reverse order in which they were held by the employee on a permanent basis which is currently:

(A)   vacant and available for displacement in accordance with 260:25-13-31,

(B)   held by a non-permanent employee (in order of appointment type), or

(C)   held by the employee with the lowest retention points.

(3)   Voluntary demotion to a retained position in the next available lower level of the same job family which is currently:

(A)   vacant and available for displacement in accordance with 260:25-13-31,

(B)   held by a non-permanent employee (in order of appointment type), or

(C)   held by the employee with the lowest retention points.

(4)   Voluntary demotion to a retained lower level position in another job family previously held in the reverse order in which they were held by the employee on a permanent basis which is currently:

(A)   vacant and available for displacement in accordance with 260:25-13-31,

(B)   held by a non-permanent employee (in order of appointment type), or

(C)   held by the employee with the lowest retention points.

(c)   An eligible employee who exercises a displacement privilege shall be required to sign an agreement, in a form prescribed by the Administrator, acknowledging that the employee had an opportunity to receive severance benefits and affirmatively elected to exercise a displacement privilege and to forego such benefits. The form provides information to the affected employee concerning his or her rights and responsibilities under Section 840-2.27C of Title 74 of the Oklahoma Statutes. [74:840- 2.27C(C)]

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