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§47-2-105.
§47-2-105.
A. The Commissioner, subject to the Oklahoma Personnel Act, Section
840-1.1 et seq. of Title 74 of the Oklahoma Statutes, shall appoint:
1. A Chief of the Highway Patrol Division with the rank of Colonel,
Assistant Chief of the Highway Patrol Division with the rank of
Lieutenant Colonel, and subordinate officers and employees of the
Highway Patrol Division, including Colonels, Majors, Captains, First
Lieutenants, Supervisors with the rank of Second Lieutenant and
Patrolmen, who shall comprise the Highway Patrol Division of the
Department of Public Safety;
2. A First Lieutenant, Supervisors with the rank of Second Lieutenant,
and Patrolmen who shall comprise the Lake Patrol Section of the
Oklahoma Highway Patrol Division;
3. A Commander of the Oklahoma Capitol Patrol Division with the rank
of First Lieutenant, Supervisors with the rank of Second Lieutenant,
Sergeants and Patrolmen, who shall comprise the Oklahoma Capitol
Patrol Division of the Department of Public Safety; and
4. A Director of the Communications Division with the rank of Captain,
Communications Coordinators with the rank of First Lieutenant,
Communications Superintendents with the rank of Second Lieutenant,
Communications Supervisors with the rank of Sergeant, Communications
Dispatchers, Radio Technicians and Tower Maintenance Officers who
shall comprise the Communications Division of the Department of Public
Safety.
B. 1. The Commissioner, when appointing commissioned officers and
employees to the positions set out in subsection A of this section,
shall determine, in consultation with the Administrator of the Office
of Personnel Management, minimum qualifications and shall select such
officers and employees only after examinations to determine their
physical and mental qualifications for such positions. The content of
the examinations shall be prescribed by the Commissioner, and all such
appointees shall satisfactorily complete a course of training in
operations and procedures as prescribed by the Commissioner.
2. No person shall be appointed to any position set out in subsection
A of this section unless the person is a citizen of the United States
of America, of good moral character, and:
a. for commissioned officer positions, shall be not less than
twenty-one (21) years of age nor more than thirty-five (35) years of
age, and shall possess:
(1) for any person appointed to the Oklahoma Highway Patrol Division
on or before December 31, 1998, a minimum of thirty (30) successfully
completed semester hours from a college or university which is
recognized by and accepted by the American Association of Collegiate
Registrars and Admissions Officers and whose hours are transferrable
between such recognized institutions,
(2) for any person appointed to the Oklahoma Highway Patrol Division
on or after January 1, 1999, an associate degree or a minimum of
sixty-two (62) successfully completed semester hours from a college or
university which is recognized by and accepted by the American
Association of Collegiate Registrars and Admissions Officers and whose
hours are transferrable between such recognized institutions, or
(3) for any person appointed to the Oklahoma Capitol Patrol Division,
a high school diploma or General Educational Development equivalency
certificate; shall possess either six (6) months of previous
experience in law enforcement or security work or fifteen (15)
successfully completed semester hours from a college or university
which is recognized and accepted by the American Association of
Collegiate Registrars and Admissions Officers and whose hours are
transferrable between such recognized institutions, or
b. for any such position in the Communications Division, a person
shall be at least twenty (20) years of age and shall possess a high
school diploma or General Educational Development equivalency
certificate; shall possess either six (6) months of previous
experience as a dispatcher or fifteen (15) successfully completed
semester hours from a college or university which is recognized by and
accepted by the American Association of Collegiate Registrars and
Admissions Officers and whose hours are transferrable between such
recognized institutions.
3. No commissioned officer of the Department shall, while in such
position, be a candidate for any political office or take part in or
contribute any money or other thing of value, directly or indirectly,
to any political campaign or to any candidate for public office.
Anyone convicted of violating the provisions of this paragraph shall
be guilty of a misdemeanor and shall be punished as provided by law.
4. The Commissioner or any employee of the Department shall not be a
candidate for any political office, or in any way be active or
participate in any political contest of any Primary, General, or
Special Election, except to cast a ballot. No commissioned officer of
the Department, while in the performance of the officer's assigned
duty of providing security and protection, shall be considered as
participating in a political campaign. The provisions of this
paragraph shall not be construed to preclude a commissioned officer
who is a member of the Oklahoma Highway Patrol Division of the
Department of Public Safety from being a candidate for a position on a
local board of education.
5. Drunkenness or being under the influence of intoxicating liquors
shall be sufficient grounds for the removal of any commissioned
officer of the Department, in and by the manner provided for in this
section.
C. 1. Upon initial appointment to the position of Patrolman or
Communications Dispatcher, the appointed employee shall be required to
serve an initial probationary period of twelve (12) months. The
Commissioner may extend the probationary period for up to three (3)
additional months provided that the employee and the Office of
Personnel Management are notified in writing as to such action and the
reasons therefor. During such probationary period, the employee may be
terminated at any time and for any reason at the discretion of the
Commissioner. Retention in the service after expiration of the initial
probationary period shall entitle such employee to be classified as a
permanent employee and the employee shall be so classified. No
permanent employee may be discharged or removed except as provided for
in this section.
2. A commissioned officer of the Oklahoma Highway Patrol Division may
be promoted during the initial probationary period if such officer
satisfactorily completes all training requirements prescribed by the
Commissioner.
D. 1. No permanent employee, as provided for in this section, who is a
commissioned officer of the Department, may be suspended without pay
or dismissed unless the employee has been notified in writing by the
Commissioner of such intended action and the reasons therefor. No such
notice shall be given by the Commissioner unless sworn charges or
statements have been obtained to justify the action.
2. Whenever such charges are preferred, the Commissioner may suspend
the accused pending the hearing and final determination of such
charges. If the charges are not sustained in whole or in part, the
accused shall be entitled to pay during the period of such suspension.
If the charges are sustained in whole or in part, the accused shall
not receive any pay for the period of such suspension.
3. Commissioned officers of the Department of Public Safety are not
entitled to appeal intraagency transfer to the Oklahoma Merit
Protection Commission pursuant to the Oklahoma Personnel Act, Section
840-1.1 et seq. of Title 74 of the Oklahoma Statutes, unless transfer
is in violation of Section 840-2.5 or 840-2.9 of Title 74 of the
Oklahoma Statutes.
4. The Department of Public Safety shall follow the uniform grievance
procedure established and adopted by the Office of Personnel
Management for permanent classified employees, except for those
employees who are commissioned officers of the Department. The
Department of Public Safety shall establish and adopt a proprietary
grievance procedure for commissioned officers of the Department which
is otherwise in compliance with the provisions of Section 840-6.2 of
Title 74 of the Oklahoma Statutes.
E. 1. The Commissioner is hereby authorized to purchase and issue
uniforms and necessary equipment for all commissioned officers of the
Department. All uniforms and equipment shall be used only in the
performance of the official duties of such officers and shall remain
the property of the Department, except as provided in Section 2-313 of
this title.
2. Each of said commissioned officers assigned to the Department of
Public Safety shall be entitled to traveling, telephone, and telegraph
expenses while away from the city or town designated by the Chief of
the Oklahoma Highway Patrol Division as headquarters, when such
expense is incurred in service of the state.
F. The position of Chief of the Oklahoma Highway Patrol Division shall
be filled from the body of commissioned officers of the Oklahoma
Highway Patrol Division and appointment to said position shall be
based on qualifications, previous record as a commissioned officer of
the Oklahoma Highway Patrol Division, length of service, and
efficiency of service performed.
G. The Commissioner of Public Safety is hereby authorized to send
employees of the Department of Public Safety to such schools as
Northwestern University Traffic Institute, Northwestern University
Police Administrator's Institute, the National Police Academy
conducted by the Federal Bureau of Investigation, or to any other such
schools of similar training which would be conducive to improving the
efficiency of the Oklahoma Highway Patrol and the Department of Public
Safety.
H. Any former commissioned officer of the Department whose separation
from the Department was at such officer's own request and not a result
of such officer's own actions contrary to the policy of the Department
may make application for reinstatement as a commissioned officer of
the division or section of the Department in which such officer was
previously employed, provided such reinstated officer will be able to
complete twenty (20) years of credited service by the time the
reinstated officer reaches fifty-five (55) years of age. The
Commissioner may waive the requirements of possessing the number of
semester hours as required in subsection B of this section for any
former commissioned officer making application for reinstatement as a
commissioned officer of the Department. The Commissioner may require
the applicant for reinstatement to attend selected courses of
instruction, as prescribed by the Commissioner. In the event of future
hostilities wherein the Congress of the United States declares this
nation in a state of war with a foreign nation, including military
service brought about by the Vietnam War, any period of military
service served by a commissioned officer of the Department shall be
considered as continued service with such Department, provided such
commissioned officer returns to duty within sixty (60) days after
release from military service.
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