Okla. Stat. tit. 47, § 47-2-105

Probationary period - Suspension or dismissal - Transfer -

Grievances - Uniforms – Top-ranking officers - Training and expenses

- Reinstatement.

A. The Commissioner of Public Safety, subject to the Oklahoma

Personnel Act, shall appoint:

1. A Chief of the Oklahoma Highway Patrol Division with the

rank of Colonel, Deputy Chiefs of the Oklahoma Highway Patrol

Division with the rank of Lieutenant Colonel, and subordinate

officers and employees of the Oklahoma Highway Patrol Division,

including Majors, Captains, Lieutenants, and Highway Patrolmen with

the rank of Trooper, who shall comprise the Oklahoma Highway Patrol

Division of the Department of Public Safety; provided, any officer

appointed to a commissioned position prescribed in this paragraph

which is unclassified pursuant to Section 840-5.5 of Title 74 of the

Oklahoma Statutes shall have a right of return to the highest

previously held classified commissioned position within the Oklahoma

Highway Patrol Division of the Department of Public Safety without

Oklahoma Statutes - Title 47. Motor Vehicles Page 63

any loss of rights, privileges or benefits immediately upon

completion of the duties in the unclassified commissioned position;

2. A Captain, Lieutenants, and Patrolmen who shall comprise the

Marine Enforcement Section of the Oklahoma Highway Patrol Division

of the Department of Public Safety;

3. A Captain, Lieutenants, and Patrolmen, who shall comprise

the Capitol Patrol Section of the Oklahoma Highway Patrol Division

of the Department of Public Safety; and

4. Communications Coordinators, Communications Superintendents,

Communications Supervisors, Communications Dispatchers, Radio

Technicians and Tower Maintenance Officers who shall comprise the

Communications Division of the Department of Public Safety.

B. 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 and of good moral character. The Commissioner shall

determine minimum qualifications for all positions set out in

subsection A of this section, provided such qualifications shall

include, but are not limited to, the following:

1. For commissioned officer positions:

a. appointees shall be selected only after examination to

determine physical and mental fitness for such

positions. The examination criteria shall be

prescribed by the Commissioner,

b. appointees shall be at least twenty-one (21) years of

age but less than forty-six (46) years of age,

c. prior to receiving a commission, all such appointees

shall satisfactorily complete a course of training in

operations and procedures as prescribed by the

Commissioner, and

d. prior to receiving a commission, all such appointees

shall possess an associate's degree or a minimum of

sixty-two (62) successfully completed semester hours

from an accredited college or university as denoted in

the Database of Accredited Postsecondary Institutions

and Programs provided by the U.S. Department of

Education and whose hours are transferable between

such recognized institutions. Prior years of military

or law enforcement service shall qualify as a

substitute for the educational requirement, up to a

maximum of thirty (30) semester hours, for any

combination of the following:

(1) ten (10) semester hours for each year of

honorable service in any active military or

reserve military service,

(2) ten (10) semester hours for each year the

appointee worked as a paid, full-time, CLEET-

certified law enforcement officer of a law

Oklahoma Statutes - Title 47. Motor Vehicles Page 64

enforcement agency within the State of Oklahoma,

or
r any

combination of the following:

(1) ten (10) semester hours for each year of

honorable service in any active military or

reserve military service,

(2) ten (10) semester hours for each year the

appointee worked as a paid, full-time, CLEET-

certified law enforcement officer of a law

Oklahoma Statutes - Title 47. Motor Vehicles Page 64

enforcement agency within the State of Oklahoma,

or

(3) ten (10) semester hours for each year the

appointee worked as a paid, full-time sworn law

enforcement officer certified by a state peace

officer standards and training agency as a peace

officer in another state, or any officer who has

been certified as a federal peace officer by a

CLEET-recognized law enforcement agency; and

2. Any person appointed to a position in the Communications

Division shall be at least eighteen (18) years of age and shall

possess a high school diploma or General Educational Development

equivalency certificate.

C. 1. Upon initial appointment to the position of Cadet

Highway Patrolman or Probationary 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 Management and

Enterprise Services are notified in writing as to such action and

the reasons thereof. 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 commissioned officer of the Department shall 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.

2. 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 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.

3. The Commissioner or any employee of the Department shall not

be a candidate for any political office, or in any way be active or

Oklahoma Statutes - Title 47. Motor Vehicles Page 65

participate in any political contest of any Primary, General, or

Special Election, except to cast a ballot.

E. Drunkenness or being under the influence of intoxicating

substances shall be sufficient grounds for the removal of any

commissioned officer of the Department, as provided for in this

section.

F. 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

thereof. 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
hout pay or dismissed unless the employee has been notified in

writing by the Commissioner of such intended action and the reasons

thereof. 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 intra-agency transfer to the Oklahoma Merit

Protection Commission pursuant to the Oklahoma Personnel Act unless

the 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

Management and Enterprise Services 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.

G. 1. The Commissioner is hereby authorized to purchase and

issue uniforms and necessary equipment for all commissioned officers

of the Oklahoma Highway Patrol Division 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 2-150 of this title.

2. Each commissioned officer of the Highway Patrol Division of

the Department of Public Safety shall be entitled to reimbursement

of expenses pursuant to the State Travel Reimbursement Act while

away from the assigned area of the officer as designated by the

Chief of the Oklahoma Highway Patrol Division, when such expense is

incurred in the service of the state.

H. 1. The positions with the rank of Colonel and Lieutenant

Colonel of the Oklahoma Highway Patrol Division shall be filled from

the body of commissioned officers of the Oklahoma Highway Patrol

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Division and appointment to said positions shall be based on

qualifications, previous record as a commissioned officer of the

Oklahoma Highway Patrol Division, length of service, years of

experience within the Oklahoma Highway Patrol Division or other

service as prescribed in this subsection, and efficiency of service

performed.

2. In addition to the requirements of paragraph 1 of this

subsection, the position of Chief of the Oklahoma Highway Patrol

Division shall be based on one of the following:

a. one (1) year of experience in any combination:

(1) as Commissioner of Public Safety,

(2) as Assistant Commissioner of Public Safety, or

(3) as Assistant Chief,

b. two (2) years of experience in any combination:

(1) as Deputy Chief or higher rank, or

(2) if the experience was prior to April 21, 2006, as

Major or higher rank,

c. four (4) years of experience in any combination:

(1) as Major or higher rank, or

(2) if the experience was prior to April 21, 2006, as

Captain or higher rank, or

d. six (6) years of experience in any combination:

(1) as Captain or higher rank, or

(2) if the experience was prior to April 21, 2006, as

First Lieutenant or higher rank.

3. In addition to the requirements of paragraph 1 of this

subsection, the position of Deputy Chief of the Oklahoma Highway

Patrol Division shall be based on one of the following:

a. one (1) year of experience in any combination:

(1) as Commissioner of Public Safety,
ion:

(1) as Captain or higher rank, or

(2) if the experience was prior to April 21, 2006, as

First Lieutenant or higher rank.

3. In addition to the requirements of paragraph 1 of this

subsection, the position of Deputy Chief of the Oklahoma Highway

Patrol Division shall be based on one of the following:

a. one (1) year of experience in any combination:

(1) as Commissioner of Public Safety,

(2) as Assistant Commissioner of Public Safety, or

(3) as Colonel,

b. two (2) years of experience in any combination:

(1) as Major or higher rank, or

(2) if the experience was prior to April 21, 2006, as

Captain or higher rank, or

c. four (4) years of experience in any combination:

(1) as Captain or higher rank, or

(2) if the experience was prior to April 21, 2006, as

Highway Patrol First Lieutenant or higher rank.

I. The Commissioner of Public Safety is hereby authorized to

send employees of the Department of Public Safety to schools such as

Northwestern University Center for Public Safety, Southern Police

Institute, the FBI National Academy, the Institute of Police

Technology and Management, or to any other schools of similar

training which would be conducive to improving the efficiency of the

Oklahoma Highway Patrol Division and the Department of Public

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Safety. While an employee is attending a school, the Commissioner

is authorized to permit the employee to use a state-owned vehicle

and to use a fuel-purchasing card for any expenses related to the

operation of the vehicle. In addition, while an employee is

attending the FBI National Academy, a one-time expense allowance of

Two Thousand Dollars ($2,000.00) for uniforms, fees, travel, room

and board, and other related expenses shall be paid to the employee

by the Department; provided, the employee shall not be further

compensated through the State Travel Reimbursement Act, and, if any

other agency reimburses the employee for any expenses, the

reimbursement shall be given to the Department. All purchases made

by the employee with the expense allowance shall be considered

property of the employee.

J. 1. 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 or was not as a result of the retirement of that

officer from 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

sixty-two (62) years of age. The Commissioner may waive the

requirements of possessing the number of semester hours or degree 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.

2. 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 with the Department within sixty (60) days after release from

military service.