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 1952
 
                         House Bill 2474
 
Sponsored by Representative BUTLER (at the request of Janan
  Ellis)
 
 
                             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.
 
  Extends time for filing appeal of state personnel action from
10 to 30 days after effective date of personnel action. Provides
that appeal is timely if received by Employment Relations Board
or postmarked not later than 30 days after effective date of
personnel action.
 
                        A BILL FOR AN ACT
Relating to appeal procedure for state personnel actions;
  creating new provisions; and amending ORS 240.560.
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 + }. 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.  { + 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. + }
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