The Oklahoma Merit Protection Commission (OMPC) is an independent quasi-judicial agency of the government of Oklahoma established to protect the integrity of state’s merit system utilized by state agencies and their employees. The Commission and the Office of Personnel Management act independently forming a “checks and balances” method of managing the merit system.

The Commission is composed of nine members, two appointed by the President pro tempore of the Oklahoma Senate, two by the Speaker of the Oklahoma House of Representatives, and five by the Governor of Oklahoma. The Commission, in turn, appoints an Executive Director and administrative law judges to hear disputes.

The Commission was created in 1982 by the Oklahoma Personnel Act during the term of Governor George Nigh

George Nigh

George Patterson Nigh , is a popular civic leader in the U.S. state of Oklahoma. Nigh served as the 17th and the 22nd Governor of Oklahoma. He was the first Oklahoma Governor to be re-elected and the first to win all 77 counties in the state...

.

Functions

The Commission's functions are established by O.S. 74 840-1.9 and are listed below in part:

• Receive and act on complaints, counsel persons and groups on their rights and duties and take action designed to obtain voluntary compliance with the provisions of the Oklahoma Personnel Act
• Investigate allegations of violations of the provisions of the Oklahoma Personnel Act within its jurisdiction
• Investigate allegations of abuses in the employment practices of the Administrator of the Oklahoma Office of Personnel Management
  Oklahoma Office of Personnel Management
  The Oklahoma Office of Personnel Management is an agency of the state of Oklahoma that manages the civil service of the state government. OPM provides comprehensive human resource services to all state agencies and employees , as well as information for individuals interested in state service...
  
   or of any other state agency
• Investigate allegations of violations of the rules of the Merit System of Personnel Administration and prohibited activities in the classified service
• Establish and maintain a statewide Alternative Dispute Resolution Program to provide dispute resolution services for state agencies and employees. Actions agreed upon through the Alternative Dispute Resolution Program provided by the Commission shall be consistent with applicable laws and rules and shall not alter, reduce, or modify any existing right or authority as provided by statute or rule
• Establish rules, pursuant to the Administrative Procedures Act as may be necessary to perform the duties and functions of the Commission including, but not limited to, rules to monitor state agency grievance processes to ensure full compliance with the law. The Commission may also recommend any changes it deems necessary to improve such grievance processes to the appropriate state agency
• Establish guidelines for the qualifications, duties, responsibilities, authority, power, and continued employment of the Executive Director, Administrative Hearing Officers, mediators, and other resolution arbitrators or facilitators

In addition to its original functions, this agency is now responsible for providing training on the grievance process, the appeals process, the steps of the Progressive Discipline in state employment and training for its administrative law judges. Agency functions also include a component designed to assist agencies in voluntarily complying with the Oklahoma Personnel Act.

Classified and unclassified

The Commission has jurisdiction over state employees that are in the classified service and limited jurisdiction over state employees in the unclassified service. That means all state employees and positions which are subject to the laws of the Oklahoma State Personnel Act and the decisions of the Commission. The two primary distinctions between classified and unclassified employees are as follows:

• Unclassified employees serve at the pleasure of the Appointing Authority. They may be removed from their position at anytime, with or without cause, and have no right to appeal their termination to the Commission.
• Unclassified employees are non-competitive positions. They are appointed by the Appointing Authority without regard to merit provisions, such as a public publishing of the open position and/or ratings of eligible candidates.

Members of the Commission

The Commission is composed of nine members, each serving three year terms. Two members of the Commission are appointed by the President pro tempore of the Oklahoma Senate

President pro tempore of the Oklahoma Senate

The President pro tempore of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking State Senator. The Oklahoma Constitution states the Lieutenant Governor of Oklahoma serves ex officio as President of the Senate, and is the highest-ranking...

, two are appointed by the Speaker of the Oklahoma House of Representatives

Speaker of the Oklahoma House of Representatives

The Speaker of the Oklahoma House of Representatives is the presiding officer of the lower house of the Oklahoma Legislature, the Oklahoma House of Representatives. The Speaker exercises administrative and procedural functions in the House, but most importantly remains a representative of his...

, and five members are appointed by the Governor of Oklahoma

Governor of Oklahoma

The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...

. Of the Governor's appointees, no more than four may be from the same political party

Political party

A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...

.

As of 2009, the members of the Commission are as follows:

• Chair Jerry D. Rackley
• Vice-Chair Gene Moses
• Jo Ann Bartlett
• Jacque Fincher
• Jerry Jensen
• Larry Kelley
• Byrona Maule
• Marianne Miller
• Don Smitherman