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. 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 with the rank of Trooper, who shall comprise the Highway Patrol Division of the Department of Public Safety;
2. 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. 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. 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. 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. 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:

   1. 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. (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. (2) for any person appointed to the Oklahoma Highway Patrol Division on or after January 1, 1999, an associate's 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,
      3. (3) for any person appointed to the Oklahoma Highway Patrol Division on or after July 1, 2004, a bachelor's degree 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 an associate's 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 transferable between such recognized institutions and at least two (2) years' experience as a Council on Law Enforcement Education and Training (C.L.E.E.T.) certified law enforcement officer, or
      4. (4) 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
   2. 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. 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. 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 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.

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 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. 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.

Historical Data Laws 1961, HB 556, p. 323, § 2-105, eff. September 1, 1961; Amended by Laws 1961, HB 1100, p. 311, § 2, emerg. eff. August 7, 1961; Amended by Laws 1965, SB 236, c. 108, § 1, emerg. eff. May 12, 1965; Amended by Laws 1965, HB 992, c. 429, § 3, emerg. eff. July 8, 1965; Amended by Laws 1967, HB 700, c. 199, §§ 1, 2; Amended by Laws 1967, HB 727, c. 349, § 2, emerg. eff. May 18, 1967; Amended by Laws 1969, HB 1319, c. 284, § 2, emerg. eff. April 25, 1969; Amended by Laws 1970, HB 1753, c. 244, § 2, emerg. eff. July 1, 1970; Amended by Laws 1971, HB 1230, c. 354, § 2, emerg. eff. July 1, 1971; Amended by Laws 1973, SB 72, c. 224, § 6, emerg. eff. May 24, 1973; Amended by Laws 1974, HB 1554, c. 291, § 3, emerg. eff. July 1, 1974; Amended by Laws 1975, SB 80, c. 321, § 3, emerg. eff. July 1, 1975; Amended by Laws 1976, HB 1753, c. 242, § 3, emerg. eff. July 1, 1976; Amended by Laws 1977, SB 101, c. 249, § 3, emerg. eff. July 1, 1977; Amended by Laws 1978, HB 1561, c. 271, § 3, emerg. eff. July 1, 1978; Amended by Laws 1980, SB 266, c. 357, § 1, emerg. eff. July 1, 1980; Amended by Laws 1981, SB 65, c. 340, § 14, emerg. eff. July 1, 1981; Amended by Laws 1982, HB 1571, c. 352, § 11, emerg. eff. July 1, 1982; Amended by Laws 1983, SB 274, c. 302, § 3, emerg. eff. June 23, 1983; Amended by Laws 1984, HB 1528, c. 264, § 10, emerg. eff. July 1, 1984; Amended by Laws 1986, HB 2028, c. 19, § 3, emerg. eff. March 17, 1986; Amended by Laws 1986, HB 1633, c. 279, § 10, emerg. eff. July 1, 1986; Amended by Laws 1989, SB 70, c. 295, § 12, emerg. eff. July 1, 1989; Amended by Laws 1990, SB 691, c. 315, § 1, emerg. eff. July 1, 1990; Amended by Laws 1992, HB 1804, c. 2, § 1, emerg. eff. March 18, 1992; Amended by Laws 1994, SB 1003, c. 218, § 3, emerg. eff. July 1, 1994; Amended by Laws 1998, HB 3160, c. 245, § 3, emerg. eff. July 1, 1998 (superseded document available); Amended by Laws 2000, SB 992, c. 195, § 1, emerg. eff. July 1, 2000 (superseded document available).