75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 2713
 
LC 2218/HB 2713-A3
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2713
 
                    By COMMITTEE ON JUDICIARY
 
                             June 8
 
  On page 1 of the printed A-engrossed bill, line 25, after '
investigation' insert 'concerning a matter that the officer
reasonably believes may lead to economic sanctions or dismissal
from employment'.
  On page 2, line 3, after 'compensated' delete the rest of the
line and insert 'appropriately.'.
  In line 12, after the period insert 'This paragraph does not
apply to preliminary questions directed at gaining a general
overview of events in order to assess whether an inquiry is
necessary and to effectively investigate and gather evidence.'.
  In line 20, after '(B)' insert 'In a compelled interview solely
for noncriminal purposes,'.
  Delete lines 22 through 35 and insert:
  ' (i)(A) The public safety officer may record the interview and
must be given a copy of the tape or digital file of the interview
and, upon request, a transcript of any recording that has been
transcribed by the employer.
  ' (B) The public safety officer must be given a copy of any
written statement or report describing the officer's statements.
  ' (C) Materials required to be given to the public safety
officer under this paragraph must be given before subsequent
interviews in the course of the same investigation.
  ' (j) As soon as it is determined that the public safety
officer may be charged with a criminal offense, the officer must
be informed of the officer's right to consult with criminal
defense counsel with respect to the criminal charge.
  ' (k) In a disciplinary or administrative investigation, the
public safety officer's chosen representative may not be required
to disclose, or be subject to disciplinary action for refusing to
disclose, statements made by the officer to the representative
for purposes of the representation.'.
  On page 4, after line 6, insert:
  ' (7) Represented in a collective bargaining unit if the
collective bargaining agreement provides for procedures and
safeguards of the sort provided for in ORS 236.350 to 236.370.'.
  In line 36, delete 'paragraph (b)' and insert 'paragraphs (b)
and (c)'.
  After line 41, insert:
  ' (c) If a public safety officer is not available to read and
sign the document containing an adverse comment at the work
location where the personnel files are maintained, the employer
may place the document in the officer's personnel records and
mail a copy of the document to the officer by regular mail or
interoffice mail.'.
  In line 42, delete '(c)' and insert '(d)'.
  On page 5, delete lines 1 through 9 and insert:
  ' (7)(a) Upon request, a public safety officer may inspect the
officer's own personnel records at a reasonable time at the
location where the records are kept by the employer.
 
  ' (b) If, after inspection, a public safety officer believes
that any portion of the material is mistakenly or unlawfully
placed in the officer's personnel records, the officer may
request in writing that the mistaken or unlawful material be
corrected or deleted. The request must describe the corrections
or deletions requested and the reasons supporting the request and
provide any documentation that supports the request. The employer
shall respond within 30 days from the date the request is
received. If the employer does not correct or delete the
material, the employer shall place the request and the employer's
response to the request in the officer's personnel records.'.
                         ----------