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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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