Chapter 751 Oregon Laws 2005

AN ACT

SB 995

Relating to State Personnel Relations Law; amending ORS 177.050, 178.060 and 240.546.

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

SECTION 1. ORS 177.050 is amended to read:

177.050. (1) The Secretary of State may employ and appoint necessary personnel, including clerks and assistants, to aid in the performance of the duties of the [secretary’s] office of the Secretary of State. [whose compensation]

(2) The personnel shall be paid out of the State Treasury, and [shall] their compensation may not exceed the appropriation of the Legislative Assembly [therefor] for the compensation.

(3) Except as provided in subsection (4) of this section, ORS chapter 240 does not apply to the office of the Secretary of State.

(4) ORS 240.165, 240.167, 240.240 (3) and 240.321 apply to the office of the Secretary of State.

(5) The Secretary of State shall adopt rules, policies and procedures necessary to establish a system of personnel administration based on merit principles. The system must include provisions for the transfer of accumulated leave with pay between the office of the Secretary of State and other state agencies. For employees who do not serve at the pleasure of the Secretary of State or who are not subject to a collective bargaining agreement, the system must provide standards for discipline and dismissal and a process for appeal of decisions related to discipline and dismissal.

(6) The clerks and assistants shall take an oath to support the Oregon Constitution and faithfully to discharge the duties of their positions.

SECTION 2. ORS 178.060 is amended to read:

178.060. (1) The State Treasurer may employ and appoint one Chief Deputy[; and the State Treasurer] and may also employ clerks and stenographers necessary in the performance of the business and duties of the office and fix their compensation[, subject to the State Personnel Relations Law].

(2) The Chief Deputy, clerks and stenographers shall be paid out of the State Treasury, and their compensation [shall] may not exceed the appropriation of the Legislative Assembly [therefor] for the compensation.

(3) Except as provided in subsection (4) of this section, ORS chapter 240 does not apply to the office of the State Treasurer.

(4) ORS 240.165, 240.167, 240.240 (3) and 240.321 apply to the office of the State Treasurer.

(5) The State Treasurer shall adopt rules, policies and procedures necessary to establish a system of personnel administration based on merit principles. The system must include provisions for the transfer of accumulated leave with pay between the office of the State Treasurer and other state agencies. For employees who do not serve at the pleasure of the State Treasurer or who are not subject to a collective bargaining agreement, the system must provide standards for discipline and dismissal and a process for appeal of decisions related to discipline and dismissal.

[(3)] (6) The Chief Deputy, clerks and stenographers shall perform such duties as the State Treasurer may direct and shall take an oath to support the Oregon Constitution and faithfully to discharge the duties of their positions.

SECTION 3. ORS 240.546 is amended to read:

240.546. The Personnel Division may adopt rules, policies and procedures for state agencies to provide employees in the classified and unclassified service with payments on account of sickness in lieu of accrued and any future sick leave with pay. The Legislative Assembly, state courts[, Secretary of State, State Treasurer] and Department of Education may similarly adopt rules, policies and procedures providing unclassified employees with such payments. Payments on account of sickness may be made directly or from an insured plan, but [such] the payments [shall] may not include medical treatment, hospitalization, dental or eye or other health care or duplicate any group insurance coverage otherwise provided in whole or in part by employer contributions.

Approved by the Governor August 17, 2005

Filed in the office of Secretary of State August 17, 2005

Effective date January 1, 2006

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