74th OREGON LEGISLATIVE ASSEMBLY--2007 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 495
 
                         Senate Bill 218
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Superintendent of Public
  Instruction Susan Castillo for Department of Education)
 
 
                             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.
 
  Authorizes Fair Dismissal Appeals Board to determine amount of
compensation that member of board may receive for performance of
official duties. Changes source of payment from school districts
to Department of Education.
  Declares emergency, effective July 1, 2007.
 
                        A BILL FOR AN ACT
Relating to Fair Dismissal Appeals Board; creating new
  provisions; amending ORS 342.930; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 342.930 is amended to read:
  342.930. (1) A Fair Dismissal Appeals Board is created,
consisting of 20 members appointed by the Governor, subject to
confirmation by the Senate as provided in ORS 171.562 and
171.565.  Five members shall be administrators in common or union
high school districts, five members shall be contract teachers,
five members shall be members of common or union high school
district boards at the time of their appointment and five members
shall not be affiliated with any common or union high school
district. At least one member from each category shall be
resident of a school district with an average daily membership as
defined in ORS 327.006, of less than 1,500 students; one from
each category shall be resident of a school district containing
from 1,500 to 4,500 students; and one from each category shall be
resident of a school district containing over 4,500 students.
  (2) Except as provided in subsection (3) of this section, the
term of office of each member is four years, but a member serves
at the pleasure of the Governor. Before the expiration of the
term of a member, the Governor shall appoint a successor whose
term begins on July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the
unexpired term.
  (3) A member whose term has expired may continue to serve for
the following limited purposes:
 
 
  (a) To conduct a hearing and prepare a written decision if the
member was appointed to a panel in accordance with ORS 342.905
(2) before the expiration of the member's term; or
  (b) To reconsider a decision if the member served on the panel
originally hearing an appeal and a motion for reconsideration is
filed prior to an appeal to the Court of Appeals.
  (4) The continued service of a member as provided in subsection
(3) of this section shall not prevent a successor from taking
office at the time prescribed in subsection (2) of this section.
  (5)   { - Members shall be entitled to compensation and
expenses as provided in ORS 292.495 - }   { + Notwithstanding ORS
292.495 (1), if requested by the member, a member may receive
compensation + } for each day or part thereof during which
 { - they perform - }   { + the member performs + } duties under
 { + this section and + } ORS 342.805, 342.815, 342.835, 342.850,
342.875, 342.895 to 342.910   { - and this section, to be paid by
the district school board from which the appeal is taken.
However, any member of the board who would be entitled to receive
a per diem except for being employed in full-time public service
may receive the payment if service on the board is performed
while the member is not under obligation to perform contractual
teaching or administrative duties. - }  { +  and may receive
expenses as provided in ORS 292.495 (2), to be paid by the
Department of Education. The amount of the compensation shall be
established by the board by rule, but may not be more than $250
for each day or part thereof during which the member performs
duties. + }
  (6) The board shall select one of its members as chairperson
and another as vice chairperson, for such terms and with duties
and powers necessary for the performance of the functions of such
offices as the board determines.
  (7) A majority of the members of the board constitutes a quorum
for the transaction of business.
  (8) In accordance with applicable provisions of ORS chapter
183, the board may adopt rules necessary for the administration
of this section and ORS 342.905 and 342.910.
  SECTION 2.  { + The amendments to ORS 342.930 by section 1 of
this 2007 Act apply to duties performed by members of the Fair
Dismissal Appeals Board on or after the effective date of this
2007 Act. + }
  SECTION 3.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
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