COMMENT DUE DATE:
February 26, 2016
DATE:
February 16, 2016
Rick Resetaritz, Assistant General Counsel, DHS Legal Services, 405-521-3638
Dena Thayer, OIRP Programs Administrator, 405-521-4326
Nancy Kelly, OIRP Policy Specialist 405-522-6703
RE:
Non-APA WF 16-A
The proposed policy is Non-APA . This proposal is not subject to Administrative Procedures Act
DHS:2 Administrative Components
Subchapter 1. Human Resources Management Division
Part 1. Internal Human Resources
DHS:2-1-15 [AMENDED]
(Reference WF 16-A)
SUMMARY:
DHS:2-1-15 is amended to move decisions regarding resignations in the face of allegations of gross misconduct to the Chief of Staff or his or her designee.The policy allows a resignation to be accepted without comment or only with the placement of a letter in the employee's permanent personnel file noting that the employee resigned in lieu of termination based on the DHS initial determination that good cause exists for termination by reason of gross misconduct.The employee is provided seven-calendar days to withdraw the resignation in order to exercise his or her right to a pretermination hearing and a right to appeal to the Merit Protection Commission.Failure to withdraw the resignation under these circumstances waives all right to a name-clearing hearing or pre- or post-deprivation hearing.The regulation allows the Chief of Staff to unilaterally rescind a conditional or written acceptance of resignation within 14-calendar days of the date that the resignation was signed.
LEGAL AUTHORITY:
Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes.
SUBCHAPTER 1. HUMAN RESOURCES MANAGEMENT DIVISION
PART 1. INTERNAL HUMAN RESOURCES
DHS:2-1-5. Resignation - classified or unclassified service
Revised 12-20-133-1-16
(a) An employee voluntarily resigning from his or her employment with the Oklahoma Department of Human Services (DHS) is strongly encouraged to submit a letter of resignation to his or her local administrator, including the actual date he or she expects to be the last workday, preferably not less than 14 calendar days prior to the employee's last day of work.The letter of resignation includes the actual date the employee expects to be his or her last workday.
(b) The local administrator, within five working business days receipt of receiving the letter of resignation or a verbal resignation, provides the employee with a letter of acceptance, except as provided in subsection (d) of this Regulation for acts of gross misconduct committed by the employee.A The local administrator forwards a copy of the acceptance letter, with the attached resignation letter, is forwarded to the employee's immediate supervisor, DHS Financial and Administrative Services, Payroll Unit, and Human Resources Management (HRMS) (HRM).
(c) At the local administrator's discretion, the employee's last workday may be changed, when mutually agreed upon in writing, and that documentation is forwarded to the DHS Financial and Administrative Services, Payroll Unit, and HRMS HRM.
(d) An employee resignation is considered conditionally accepted upon receipt and is acknowledged in writing by the.The local administrator, except where acknowledges in writing that the resignation was received.When the employee is resigning in the face of allegations of gross misconduct committed by the employee.In such situations, the local administrator indicates communicates to the employee that the resignation is not accepted and DHS proceeds with a proposed disciplinary action of discharge in the public interest.An employee resignation, once conditionally accepted, cannot be withdrawn.However, when requested in writing by the employee and agreed to in writing by the local administrator, the resignation is rescinded.An agreement letter to rescind a resignation is also provided to the DHS Financial and Administrative Services, Payroll Unit, and HRMS to void the resignation transaction in the public interest and the matter is referred to the Chief of Staff.The Chief of Staff or his or her designee either accepts the resignation without comment or, alternatively, informs the employee in writing that the resignation will be accepted only with the placement of a letter in the employee's permanent personnel file that will be available to the public as an open record.The letter documents that the employee's resignation was in lieu of termination based on the DHS initial determination that good cause existed for termination by reason of gross misconduct.The employee has seven-calendar days from the date on the letter to withdraw the resignation in order to exercise his or her right to a pretermination hearing and a right to appeal to the Oklahoma Merit Protection Commission.Failure to withdraw the resignation under these circumstances waives all rights to a name-clearing hearing or pre- or post-deprivation hearing.
(e) The HRMS director, Chief of Staff or his or her designee, in his or her sole discretion, may rescind unilaterally a conditional or written acceptance of a resignation, within 14-calendar days unilaterally rescind the acceptance, upon receipt as provided in subsection (d) of this Regulation, in his or her sole discretion after the resignation is received, where the public interest would be better served by proceeding with the termination process, as provided in per the Oklahoma Personnel Act and Merit Rules.Examples of when the public interest may be served by proceeding with the termination process include, but are not limited to, instances of the employee engaging in potentially felonious criminal conduct or gross misconduct unbecoming a state employee.In the event of a rescission under per this subsection, the employee's absence from work following the rescinded resignation is changed to suspension with pay pursuant to Oklahoma Administrative Code 530:10-11-120 and continued until completion of the termination process.The Chief of Staff may, in connection with the rescission, issue the letter to the employee set forth in subsection (d) allowing the employee to resign only with the placement of a letter in the employee's permanent personnel file available to the public as an open record, noting that the employee resigned in lieu of termination based on the DHS initial determination that good cause existed for termination by reason of gross misconduct, and of DHS' intent to proceed with termination.The employee has seven-calendar days from the date on the letter to withdraw the resignation in order to exercise his or her right to a pretermination hearing and a right to appeal to the Oklahoma Merit Protection Commission.Failure to withdraw the resignation under these circumstances waives all rights to a name-clearing hearing or pre- or post-deprivation hearing.
(f) An employee resignation, once conditionally accepted, cannot be withdrawn.However, when requested in writing by the employee and agreed to in writing by the local administrator, the resignation is rescinded.An agreement letter to rescind a resignation is provided to DHS Financial Services, Payroll Unit, and HRM to void the resignation transaction.
(f)(g) Employees who resign in good standing may be considered for re-employment pursuant to new per employee hiring procedures for new employees.
(g)(h) A verbal resignation is accepted in the same manner as a written one, with written documentation prepared by the local administrator or the individual receiving the resignation.
(h)(i) Copies of all letters to accept, extend, expedite, or rescind an employee resignation are provided to the DHS Financial and Administrative Services, Payroll Unit, and HRMS HRM.
