SECTION 340:105-10-117. Employment policies and procedures  


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  • (a)   Policy. Each Area Agency on Aging (AAA) and Title III project, or grantee, maintains a system of personnel administration approved by the grantor agency, and complies with all state and federal statutes.
    (b)   Authority. The authority for this Section is Sections 2 and 208 of the Inter-governmental Personnel Act of 1970 and Part 1321.11 of Title 45 of the Code of Federal Regulations.
    (c)   Procedures. The procedures for implementing this Section require the grantee agency to:
    (1)   recruit, select, and advance employees on their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment.
    (A)   The grantee agency promptly notifies the grantor agency of an AAA director or project director vacancy.
    (B)   The grantor agency monitors the grantee's ability to sustain the continuity of operation during any transition and ensures the vacancy is filled in a fair and equitable manner.
    (C)   The grantor agency may participate in the interview process for the AAA director or project director vacancy;
    (2)   provide equitable and adequate compensation to all employees;
    (3)   provide training to employees, as needed, to ensure quality performance;
    (4)   retain employees on the basis of the adequacy of their performance, separating from employment employees whose inadequate performance cannot be corrected;
    (5)   ensure fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, religion, age, or disability and with proper regard for their privacy and constitutional rights as citizens. This fair treatment principle includes compliance with all federal equal employment opportunity and non-discrimination laws, such as Civil Rights Act and Americans with Disabilities Act;
    (6)   protect employees from coercion for partisan political purposes and prohibit employees from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office;
    (7)   provide reasonable grievance procedures to applicants and employees and post the procedures in a public place; and
    (8)   develop personnel policies that include:
    (A)   work schedules;
    (B)   leave;
    (C)   compensation for overtime;
    (D)   employee code of conduct;
    (E)   disciplinary procedures;
    (F)   travel and reimbursement;
    (G)   benefits, such as insurance and retirement;
    (H)   training;
    (I)   political activity;
    (J)   recruitment, appointment, and advancement;
    (K)   appeal procedures;
    (L)   lobbying prohibition;
    (M)   Civil Rights Act requirements;
    (N)   Rehabilitation Act and Americans with Disabilities Act requirements;
    (O)   nepotism regarding related employees and grantor or contractor prohibitions; and
    (P)   Family and Medical Leave Act of 1993.
    (d)   Cross references. See OAC 340:105-10- 120 through 340:105-10-122.
[Source: Added at 11 Ok Reg 673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 21 Ok Reg 898, eff 4-26-04; Amended at 22 Ok Reg 20, eff 8-15-04 (emergency); Amended at 22 Ok Reg 915, eff 5-12-05]