Chapter 213 Oregon Laws 2003

AN ACT

HB 2474

Relating to appeal procedure for state personnel actions; creating new provisions; amending ORS 240.560; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 240.560 is amended to read:

240.560. (1) A regular employee who is reduced, dismissed, suspended or demoted, shall have the right to appeal to the Employment Relations Board not later than [10] 30 days after the effective date of [such] the reduction, dismissal, suspension or demotion. The appeal must be in writing. The appeal is timely if it is received by the board or postmarked, if mailed postpaid and properly addressed, not later than 30 days after the effective date of the reduction, dismissal, suspension or demotion. [Such] The board shall hear the appeal [shall be in writing and shall be heard by the board] within 30 days after [its receipt] the board receives the appeal, unless the parties to the hearing agree to a postponement. The board shall furnish the division of the service concerned with a copy of the appeal in advance of the hearing.

(2) The hearing shall be conducted as provided for a contested case in ORS 183.310 to 183.550.

(3) If the board finds that the action complained of was taken by the appointing authority for any political, religious or racial reasons, or because of sex, marital status or age, the employee shall be reinstated to the position and shall not suffer any loss in pay.

(4) In all other cases, if the board finds that the action was not taken in good faith for cause, it shall order the immediate reinstatement and the reemployment of the employee in the position without the loss of pay. [The board] In lieu of affirming the action, the board may modify [it] the action by directing a suspension without pay for a given period, and a subsequent restoration to duty, or a demotion in classification, grade or pay. The findings and order of the board shall be certified in writing to the appointing authority and shall be forthwith put into effect by the appointing authority.

SECTION 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 240.560 by section 1 of this 2003 Act apply only to reductions, dismissals, suspensions or demotions occurring on or after the effective date of this 2003 Act.

(2) A regular employee who was reduced, dismissed, suspended or demoted on or after July 1, 2002, and whose appeal under ORS 240.560 (1) was dismissed before the effective date of this 2003 Act for failure to timely file the appeal may, within 90 days after the effective date of this 2003 Act, file an appeal under ORS 240.560. If the employee timely files an appeal as provided in this subsection, the Employment Relations Board shall consider the appeal timely filed under ORS 240.560 and revive the previously dismissed appeal.

SECTION 3. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor June 4, 2003

Filed in the office of Secretary of State June 5, 2003

Effective date June 4, 2003

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