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§74-840-2.5.


§74-840-2.5.
   
   A. For purposes of this section, "agency" means any office,
   department, commission or institution of the state government. No
   officer or employee of any state agency shall prohibit or take
   disciplinary action against employees of such agency, whether subject
   to the provisions of the Merit System or in unclassified service, for:
   
   1. Disclosing public information;
   
   2. Reporting any violation of state or federal law, rule or policy;
   mismanagement; a gross waste of public funds; an abuse of authority;
   or a substantial and specific danger to public health or safety;
   
   3. Reporting such information without giving prior notice to the
   employee's supervisor or anyone else in the employee's chain of
   command;
   
   4. Discussing the operations and functions of the agency, either
   specifically or generally, with the Governor, members of the
   Legislature or others.
   
   B. Any person who has authority to take, direct others to take,
   recommend or approve any personnel action shall not take or fail to
   take any personnel action with respect to any employee for filing an
   appeal with the Oklahoma Merit Protection Commission. This section
   shall not be construed as prohibiting disciplinary action of an
   employee who discloses information which the employee:
   
   1. Knows to be false;
   
   2. Knowingly and willfully discloses with reckless disregard for its
   truth or falsity; or
   
   3. Knows to be confidential pursuant to law.
   
   C. Each state agency, department, institution, board and commission in
   all branches of state government, including all institutions in The
   Oklahoma State System of Higher Education, shall prominently post a
   copy of this section of law in locations where it can reasonably be
   expected to come to the attention of all employees.
   
   D. As used in this section:
   
   1. "Disciplinary action" means any direct or indirect form of
   discipline, any dismissal, demotion, transfer, reassignment,
   suspension, reprimand, admonishment, warning of possible dismissal,
   reduction in force, reduction in rank, reduction in status, or
   withholding of work; and
   
   2. "Probation" means that period of time, after an officer or employee
   is found to have violated the provisions of this section and
   corrective action is ordered, during which time that officer's or
   employee's performance and conduct is being monitored by the employing
   agency for further violations of the Oklahoma Personnel Act.
   
   E. Any employee or any former employee aggrieved pursuant to this
   section may file an appeal with the Oklahoma Merit Protection
   Commission within sixty (60) days of the alleged disciplinary action.
   The Oklahoma Merit Protection Commission shall promulgate rules to
   establish procedures for the conduct of investigations. If, after
   investigation, the Executive Director determines a violation of this
   section may have occurred, the Executive Director shall appoint a
   hearing examiner to hear the case as provided for in Section 840-6.6
   of this title.
   
   F. If, after the hearing, it is determined that a violation has
   occurred, the Commission or hearing examiner shall order corrective
   action pursuant to Section 841.15 of this title. Such corrective
   action shall include, but not be limited to, suspension without pay,
   demotion or discharge. Any employee found to have violated this
   section of law, in addition to being suspended or demoted, shall be
   placed on probation for six (6) months. Such probation shall commence
   on the date of the final decision filed by the Commission. Any
   employee who is determined to have violated the Oklahoma Personnel
   Act, Section 840-1.1 et seq. of this title, while serving said
   probation shall forfeit his position for one (1) year. Any employee,
   supervisor or appointing authority of any state agency, whether
   subject to the provisions of the Merit System of Personnel
   Administration or in unclassified service, who knowingly and willfully
   violates the provisions of this section shall forfeit his position and
   be ineligible for appointment to or employment in a position in state
   service for a period of at least one (1) year and no more than five
   (5) years, and the Merit Protection Commission shall also refer the
   matter to the local district attorney for action pursuant to Section
   840-6.9 of this title. The decision of the Commission in such cases
   may be appealed by any party pursuant to Article II of the
   Administrative Procedures Act, Sections 308a through 323 of Title 75
   of the Oklahoma Statutes.
   

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