75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2713
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
Council of Police Associations)
CHAPTER ................
AN ACT
Relating to public safety officers; creating new provisions; and
amending ORS 236.350, 236.360, 236.370 and 652.750.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 236.350 is amended to read:
236.350. As used in ORS 236.350 to 236.370:
(1) 'Disciplinary action' means { - any - } action taken
against a { - police - } { + public safety + } officer by
{ - a public - } { + an + } employer { - for the purpose of
punishing the - } { + to punish the + }officer, including
dismissal, demotion, suspension without pay, reduction in salary,
written reprimand { - or - } { + and + } transfer.
(2) 'Just cause' means a cause reasonably related to the
{ - employee's - } { + public safety officer's + } ability to
perform required work. The term includes { - any - }
{ + a + } willful violation of reasonable work rules,
regulations or written policies.
(3) { - ' Police officer' - } { + ' Public safety
officer' + } means { + : + }
{ + (a) + } { - an officer or - } { + A + } member of a
law enforcement unit who is employed full-time as a peace officer
commissioned by a city, port, school district, mass transit
district, county, Indian reservation, the Criminal Justice
Division of the Department of Justice, the Oregon State Lottery
Commission or the Governor and who is responsible for enforcing
the criminal laws of this state or laws or ordinances relating to
airport security.
{ + (b) A corrections officer, a parole and probation officer
or a youth correction officer as those terms are defined in ORS
181.610. + }
SECTION 2. ORS 236.360 is amended to read:
236.360. { + (1) Employers of public safety officers shall
adopt written procedures to implement the provisions of ORS
236.350 to 236.370.
(2) Except as provided in subsection (3) of this section, the
following safeguards apply when a public safety officer is under
investigation concerning a matter that the officer reasonably
believes may lead to economic sanctions or dismissal from
employment and is subject to an interview by the officer's
employer:
(a) Unless the seriousness of an investigation requires
otherwise, the interview must be conducted when the public safety
Enrolled House Bill 2713 (HB 2713-B) Page 1
officer is on duty or during the officer's normal waking hours.
If the interview is conducted when the public safety officer is
off duty, the officer must be compensated appropriately.
(b) The public safety officer may have a representative of the
officer's choosing present at the interview.
(c) No more than two interviewers at a time may question the
public safety officer.
(d) The interviewers shall inform the public safety officer of
their authority to compel a statement and of the identity of the
investigators and all persons present during the interview.
(e) The public safety officer is not required to answer
questions until the officer has been informed of the nature of
the investigation and of facts reasonably sufficient to inform
the officer of the circumstances surrounding the allegations
under investigation. 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.
(f) The interview may not last an unreasonable amount of time,
taking into consideration the gravity and complexity of the
matter under investigation.
(g) During the interview, the public safety officer must be
allowed to attend to physical needs.
(h)(A) Except as provided in subparagraph (B) of this
paragraph, the public safety officer being interviewed may not be
threatened with punitive action or subjected to offensive
language.
(B) In a compelled interview solely for noncriminal purposes, a
public safety officer who refuses to respond to questions or to
be interviewed must be informed that refusal may lead to
disciplinary action.
(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.
(3) The safeguards provided in subsection (2) of this section
do not apply to:
(a) The questioning of a public safety officer in the normal
course of informal verbal admonishment by, or other routine or
unplanned contact with, a supervisor or other public safety
officer; or
(b) An investigation concerned solely with alleged criminal
activities. + }
{ - (1) - } { + (4) + } { - No - } Disciplinary action
{ - shall - } { + may not + } be taken against a
Enrolled House Bill 2713 (HB 2713-B) Page 2
{ - police - } { + public safety + } officer without just
cause.
{ - (2) - } { + (5) + } { - A public - } { + An + }
employer that intends to take disciplinary action { + against a
public safety officer + } shall:
(a) Notify the { - police - } officer in writing of the
charges against the officer and the proposed disciplinary action;
and
(b) Provide the { - police - } officer with an opportunity
to respond to the charges at an informal hearing which may be
recorded, with the person or persons having authority to impose
the proposed disciplinary action.
{ - (3) Public employers of police officers shall prepare and
maintain written procedures to implement the provisions of ORS
236.350 to 236.370. - }
{ + (6)(a) Except as provided in paragraphs (b) and (c) of
this subsection, an employer shall complete its investigation
into an allegation of misconduct by a public safety officer and
provide notification under subsection (5)(a) of this section no
later than six months from the date of the first interview
described in subsection (2) of this section. The employer may
extend the investigation to a maximum of 12 months from the date
of the first interview, provided that, before the extended period
begins, the employer provides written notice explaining the
reason for the extension to the officer and the officer's chosen
representative and union representative, if any.
(b) The time limit provided in paragraph (a) of this subsection
does not apply:
(A) If the investigation involves an officer who is
incapacitated or unavailable.
(B) If the investigation involves an allegation of workers'
compensation or disability fraud by the officer.
(C) If the officer waives the limit in a signed writing.
(D) If the investigation requires a reasonable extension of
time for coordination with one or more other jurisdictions.
(E) If the investigation involves more than one officer and
requires a reasonable extension of time.
(c) For the purposes of the time limit provided in paragraph
(a) of this subsection:
(A) If the alleged misconduct is also the subject of a criminal
investigation or criminal prosecution, time does not run for the
period during which the criminal investigation or criminal
prosecution is pending.
(B) If the investigation involves a matter in civil litigation
in which the officer is a named defendant or the officer's
actions are alleged to be a basis for liability, time does not
run for the period during which the civil action is pending.
(C) If the investigation is the result of a complaint by a
person charged with a crime, time does not run for the period
during which the criminal matter is pending.
(7) An investigation may be reopened if:
(a) Significant new evidence is discovered that is likely to
affect the outcome of the investigation; and
(b)(A) The evidence resulted from the public safety officer's
predisciplinary response; or
(B) The evidence could not have been discovered by the employer
without resorting to extraordinary measures. + }
SECTION 3. ORS 236.370 is amended to read:
Enrolled House Bill 2713 (HB 2713-B) Page 3
236.370. ORS 236.350 to 236.370 do not apply to disciplinary
action taken against { - police - } { + public safety + }
officers who are:
(1) In an initial probationary period of employment that does
not exceed 12 months or in a probationary period under a
collective bargaining agreement which is in excess of 12 months;
(2) Under a collective bargaining agreement requiring just
cause for disciplinary action;
(3) Under a county civil service system adopted pursuant to ORS
241.002 to 241.009;
(4) Under a county or municipal civil service system which
provides { - police - } { + public safety + } officers with
disciplinary action protections at least equivalent to those
provided under ORS 236.350 and 236.360;
(5) The chief executive officers of law enforcement units, as
defined in ORS 181.610; or
(6) Supervisory employees, as defined under ORS 243.650, where
a collective bargaining agreement is in effect with their public
employer.
{ + (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. + }
SECTION 4. ORS 652.750 is amended to read:
652.750. (1) As used in this section:
(a) 'Employer' has the meaning given that term in ORS 656.005.
(b) 'Personnel records' does not include records of an
individual relating to the conviction, arrest or investigation of
conduct constituting a violation of the criminal laws of this
state or another state or the United States, confidential reports
from previous employers or records maintained in compliance with
ORS 351.065.
{ + (c) 'Public safety officer' has the meaning given that
term in ORS 236.350. + }
(2) { + Except as provided in subsection (7) of this
section, + } within 45 days after receipt of { - the - }
{ + an employee's + } request { - of an employee - } ,
{ - the - } { + an + } employer shall provide reasonable
opportunity for the employee to inspect, at the place of
employment or place of work assignment, the personnel records of
the employee that are used or have been used to determine the
employee's qualification for employment, promotion, additional
compensation or employment termination or other disciplinary
action. Within 45 days after receipt of the { + employee's + }
request { - of the employee - } , the employer shall furnish a
certified copy of the records.
(3) Upon termination of employment, the employer shall keep the
terminated employee's personnel records for not less than 60
days. { - The terminated employee may request a certified copy
of the records - } Within the 60-day period { - or at any time
thereafter - } { + , the employer shall provide the employee
with a certified copy of the records within 45 days of receiving
the employee's request. After the 60-day period, the employer
shall provide the certified copy within 45 days of receiving the
employee's request + } if the employer has the records at the
time of the request. { - Within 45 days after receipt of the
request, the employer shall furnish a certified copy of the
records. - }
(4) Notwithstanding the time periods described in subsections
(2) and (3) of this section, if the employee's personnel records
Enrolled House Bill 2713 (HB 2713-B) Page 4
are not readily available, the employer and the employee may
agree to extend the time within which the employer must provide
the employee reasonable opportunity to inspect the records or
furnish the employee a certified copy of the records.
(5) { - An employer may charge an employee - } For the
services referred to in subsections (2) and (3) of this section
only { + , an employer may charge an employee no more than + } an
amount { - that is - } reasonably calculated to recover the
actual cost of providing the services.
{ + (6)(a) Except as provided in paragraphs (b) and (c) of
this subsection, an employer may not place an adverse comment in
the personnel records of a public safety officer unless the
officer has first read and signed the document containing the
adverse comment.
(b) If a public safety officer refuses to sign a document
containing an adverse comment, the employer may place the
document in the officer's personnel records with a notation that
the document was presented to the officer and the officer refused
to sign it.
(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.
(d) A public safety officer may write a response within 30 days
of being presented with a document containing an adverse comment.
If a public safety officer writes a response to a document
containing an adverse comment, the response must be attached to
the original document and placed in the officer's personnel
records.
(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. + }
SECTION 5. { + The amendments to ORS 236.350, 236.360 and
236.370 by sections 1, 2 and 3 of this 2009 Act apply to
investigations begun on or after the effective date of this 2009
Act. + }
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Enrolled House Bill 2713 (HB 2713-B) Page 5
Passed by House April 29, 2009
Repassed by House June 17, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 16, 2009
...........................................................
President of Senate
Enrolled House Bill 2713 (HB 2713-B) Page 6
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2713 (HB 2713-B) Page 7