Section 840-1.4 - Merit System Office and State Personnel Board Abolished - Transfer of Functions, Powers, Duties, etcA. The Merit System Office and the State Personnel Board are hereby abolished, and the powers, duties and responsibilities exercised by said Merit System Office and State Personnel Board pursuant to law are hereby transferred to the Office of Personnel Management or the Oklahoma Merit Protection Commission as herein created.B. Upon the transfer of the functions, powers and duties of the Merit System Office and the State Personnel Board pursuant to this act, the Administrator shall make provision for the transfer to the Office of Personnel Management of the employees of the Merit System Office. Employees so transferred shall be transferred without the need to pass further examination or meet additional qualifications and shall retain their respective Merit System classification and status. Any employee, subject to the Merit System of Personnel Administration, who at the time of such transfer has other than a permanent appointment, shall be transferred subject to the same right of removal, examination or termination as though such transfer had not been made.C. The Merit System Office and the State Personnel Board shall deliver to the Office of Personnel Management all books, papers, records and property of the department and Board pertaining to the functions herein transferred to that office pursuant to this act. The Merit System Office and the State Personnel Board shall deliver to the Oklahoma Merit Protection Commission, all books, papers, records and property of such department and Board pertaining to the functions transferred to that Commission pursuant to this act.
D. For the purpose of succession to all functions, powers, duties and obligations transferred and assigned to, devolved upon and assumed by it pursuant to this act, the Office of Personnel Management shall be deemed and held to constitute the continuation of the State Personnel Board and the Merit System Office pertaining to the functions and powers herein transferred. For the purpose of succession to all functions, powers, duties and obligations transferred and assigned to, devolved upon and assumed by it pursuant to this act, the Oklahoma Merit Protection Commission shall be deemed and held to constitute the continuation of the State Personnel Board and the Merit System Office pertaining to the powers and functions herein transferred.
E. Any business, contracts or other matters undertaken or commenced by the State Personnel Board, or the Merit System Office pertaining to or connected with the functions, powers, obligations and duties hereby transferred and assigned to the Office of Personnel Management or the Oklahoma Merit Protection Commission, and pending on the effective date of this act may be conducted and completed by the Office of Personnel Management or the Oklahoma Merit Protection Commission in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the former department, commission or administrator. Any encumbrances pertaining to said matters for which the State Personnel Board would have been responsible shall be assumed by the Office of Personnel Management.F. All rules, regulations, acts, orders, determinations and decisions of the State Personnel Board pertaining to the functions and powers herein transferred and assigned to the Office of Personnel Management or the Oklahoma Merit Protection Commission, in force at the time of such transfer, assignment, assumption or devolution shall continue in force and effect as rules, regulations, acts, orders, determination and decisions of the State Personnel Board until duly modified or abrogated by the appropriate body.G. No existing right or remedy of any character shall be lost, impaired or affected by reason of this act.H. No action or proceeding pending at the time when this act shall take effect, brought by or against the State Personnel Board relating to the function, power or duty transferred to or devolved upon the Office of Personnel Management shall be affected by this act, but the same may be prosecuted or defended, and upon application to the court, the appropriate body shall be substituted as a party.Okla. Stat. tit. 74, § 840-1.4
Added by Laws 1982, SB 339, c. 338, § 4, emerg. eff. 7/1/1982; Amended by Laws 1986, HB 1609, c. 158, § 7, emerg. eff. 7/1/1986; Renumbered from 74 O.S. § 840.4 by Laws 1994, HB 2331, c. 242, § 54.