71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 4170
 
                         House Bill 3955
 
Sponsored by Representative ROSENBAUM
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows state agencies to use temporary appointments to employ
student interns. Makes student interns ineligible for certain
benefits.
 
                        A BILL FOR AN ACT
Relating to student interns working as temporary state employees;
  amending ORS 240.309.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 240.309 is amended to read:
  240.309. (1) Temporary employment shall be used for the purpose
of meeting emergency, nonrecurring or short-term workload needs
of the state.
  (2) A temporary employee may be given a nonstatus appointment
without open competition and consideration only for the purposes
enumerated in this section. Temporary appointments shall not be
used to defeat the open competition and consideration system.
  (3) A temporary employee may not be employed in a permanent,
seasonal, intermittent or limited duration position except to
replace an employee during an approved leave period.
  (4) Employment of a temporary employee for the same workload
need, other than for leave, may not exceed six calendar months.
The decision to extend the period of employment may be delegated
by the Personnel Division of the Oregon Department of
Administrative Services to other state agencies. Approval to
extend shall be allowed only upon an appointing authority's
finding that the original emergency continues to exist and that
there is no other reasonable means to meet the emergency. Agency
actions under this subsection are subject to post-audit review by
the Oregon Department of Administrative Services as provided in
ORS 240.311.
  (5) Employment of a temporary employee for different workload
needs shall not exceed the equivalent of six calendar months in a
12-month period.
  (6) A temporary employee shall not be denied permanent work
because of the temporary status. Temporary service shall not be
used as any portion of a required trial service period.
  (7) The Personnel Division of the Oregon Department of
Administrative Services shall report the use of temporary
employees, by agency, once every six months, including the
duration and reason for use or extensions, if any, of temporary
appointments. The reports shall be made available upon request to
interested parties, including employee organizations. If any
interested party alleges misuse of temporary employees, the
division shall investigate, report its findings and take
appropriate action.
  (8) The Department of Justice may use temporary status
appointments for student law clerks for a period not to exceed 24
months.
   { +  (9) A state agency may use temporary status appointments
 + }  { +  for a period not to exceed 48 months for student
interns who are enrolled in high school or who are under 19 years
of age and are training to receive a General Educational
Development (GED) certificate. Student interns are not eligible
for benefits under ORS 243.105 to 243.285. + }
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