1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1856 By: Stewart
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Personnel Act;
7 amending 74 O.S. 2021, Section 840-2.27C, as amended
8 by Section 20, Chapter 243, O.S.L. 2022 (74 O.S.
8 Supp. 2023, Section 840-2.27C), which relates to
9 reduction-in-force plan; allowing for certain factors
9 to be considered; repealing 74 O.S. 2021, Sections
10 840-2.28, 840-2.28A, and 840-2.28B, which relate to
10 voluntary buyout benefits; and providing an effective
11 date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 74 O.S. 2021, Section 840-2.27C,
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16 as amended by Section 20, Chapter 243, O.S.L. 2022 (74 O.S. Supp.
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17 2023, Section 840-2.27C), is amended to read as follows:
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18 Section 840-2.27C. A. At least thirty (30) days before the
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19 scheduled beginning of reduction-in-force separations or as
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20 otherwise provided by law, the appointing authority shall post in
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21 each office of executive branch agencies affected by the proposed
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22 reduction-in-force notice that a reduction-in-force will be
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23 conducted. The reduction-in-force implementation plan shall be
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24 provided to the Director of the Office of Management and Enterprise
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 1 Services and any state employee association representing state
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2 employees at such time. The notice shall not be posted unless
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3 approved by the cabinet secretary for the agency conducting the
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4 reduction-in-force. If there is no incumbent cabinet secretary for
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5 the agency, the cabinet-secretary-notice-approval requirement shall
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6 not be applicable. If the appointing authority is governed by an
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7 elected official, the cabinet-secretary-notice-approval requirement
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8 shall not be applicable. The approved notice shall be posted in
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9 each office affected by the proposed plan for five (5) days. The
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10 appointing authority shall provide a copy of the notice to the
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11 Administrator. A reduction-in-force shall not be used as a
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12 disciplinary action; provided, that a low job performance evaluation
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13 may be a factor considered by the appointing authority during a
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14 reduction-in-force.
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15 B. The reduction-in-force implementation plan shall:
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16 1. Provide for the appointing authority to determine the
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17 specific position or positions to be abolished within specified
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18 units, divisions, facilities, agency-wide or any parts thereof; and
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19 2. Provide outplacement assistance and employment counseling
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20 from the Oklahoma Employment Security Commission and any other
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21 outplacement assistance and employment counseling made available by
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22 the agency to affected employees regarding the options available
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23 pursuant to the State Government Reduction-in-Force and Severance
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 1 Benefits Act prior to the date that a reduction-in-force is
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2 implemented.
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3 C. The Director of the Office of Management and Enterprise
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4 Services shall review the fiscal components of the reduction-in-
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5 force implementation plan and within five (5) business days of
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6 receipt reject any plan that does not:
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7 1. Demonstrate that funds are available to cover projected
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8 costs; and
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9 2. Contain an estimate of the cost savings or reduced
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10 expenditures likely to be achieved by the agency.
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11 If the reduction-in-force is conducted pursuant to a
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12 reorganization, the fiscal components of the reduction-in-force
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13 implementation plan shall contain reasons for the reorganization,
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14 which may include, but not be limited to, increased efficiency,
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15 improved service delivery, or enhanced quality of service.
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16 D. When the Legislature is not in session, the Contingency
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17 Review Board may, upon the request of the Governor, direct agencies,
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18 boards and commissions to reduce the number of employees working for
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19 the agency, board or commission whenever it is deemed necessary and
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20 proper. Such reduction shall be made pursuant to reduction-in-force
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21 plans as provided in this section.
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22 E. 1. When the Legislature is not in session, the Contingency
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23 Review Board may, upon the request of the Governor, direct and
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24 require mandatory furloughs for all state employees whenever it is
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 1 deemed necessary and proper. The Contingency Review Board shall
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2 specify the effective dates for furloughs and shall note any
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3 exceptions to state employees affected by same. All employees,
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4 including those employees of agencies or offices established by
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5 statute or the Constitution, shall be affected by such actions.
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6 2. Mandatory furlough means the involuntary temporary reduction
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7 of work hours or the placement of an employee on involuntary leave
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8 without pay. Rules governing leave, longevity pay and participation
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9 in the State Employees Group Health, Dental, Disability, and Life
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10 Insurance program shall not be affected by mandatory furloughs.
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11 Furlough, as provided for in this section or by rules adopted by the
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12 Director of the Office of Management and Enterprise Services, shall
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13 not be appealable under the provisions of this act.
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14 3. Notwithstanding existing laws or provisions to the contrary,
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15 members of state boards and commissions shall not receive per diem
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16 expenses during periods of mandatory furlough. The Contingency
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17 Review Board shall additionally call upon elected officials, members
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18 of the judiciary, and other public officers whose salary or
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19 emoluments cannot be altered during current terms of office, to
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20 voluntarily donate to the General Revenue Fund any portion of their
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21 salary which would otherwise have been affected by a mandatory
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22 furlough.
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23 F. All agencies directed by the Contingency Review Board to
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24 terminate or furlough employees, shall report the cumulative cost
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 1 savings achieved by the reductions-in-force or furloughs to the
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2 Governor, President Pro Tempore of the Senate and Speaker of the
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3 House of Representatives on a quarterly basis for one (1) year
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4 following the effective date of the action.
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5 G. The appointing authority of an agency which has an approved
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6 reduction-in-force plan pursuant to the State Government Reduction-
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7 in-Force and Severance Benefits Act may request the Director of the
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8 Office of Management and Enterprise Services to appoint an
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9 interagency advisory task force for the purpose of assisting the
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10 agency and its employees with the implementation of the reduction-
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11 in-force. The appointing authority of state agencies requested by
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12 the Administrator to participate on a task force shall assign
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13 appropriate administrative personnel necessary to facilitate the
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14 necessary assistance required for the efficient implementation of
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15 the approved reduction-in-force.
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16 SECTION 2. REPEALER 74 O.S. 2021, Sections 840-2.28,
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17 840-2.28A, and 840-2.28B, are hereby repealed.
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18 SECTION 3. This act shall become effective November 1, 2024.
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20 59-2-3112 MR 1/17/2024 5:53:02 PM
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