72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2474
Sponsored by Representative BUTLER (at the request of Janan
Ellis)
CHAPTER ................
AN ACT
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
Enrolled House Bill 2474 (HB 2474-A) Page 1
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. + }
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Passed by House February 26, 2003
Repassed by House May 8, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 2, 2003
...........................................................
President of Senate
Enrolled House Bill 2474 (HB 2474-A) Page 2
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2474 (HB 2474-A) Page 3