72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 611
 
                         House Bill 2178
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for the Employment Relations Board)
 
 
                             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.
 
  Permits parties to agree to postponement of hearing by
Employment Relations Board under State Personnel Relations Law.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to appeal procedure under State Personnel Relations Law;
  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 days after
the effective date of such reduction, dismissal, suspension or
demotion. Such appeal shall be in writing and shall be heard by
the board within 30 days after its receipt { + , 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, 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.  { + The amendments to ORS 240.560 by section 1 of
this 2003 Act apply to appeals brought under ORS 240.560 before,
on or after the effective date of this 2003 Act. + }
  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. + }
                         ----------