75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2218
House Bill 2713
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
Council of Police Associations)
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.
Applies disciplinary action provisions to all public safety
officers.
Provides safeguards for public safety officers under
investigation.
Provides procedures for placement of adverse comment in public
safety officer's personnel records.
A BILL FOR 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 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
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 at the officer's normal
or overtime rate of pay, as applicable.
(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.
(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) 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 promise of reward may not be made to induce the public
safety officer to answer a question.
(j)(A) The public safety officer may record the interview and
upon request must be given a transcript of any recording made by
the employer.
(B) The public safety officer must be given copies of notes
made by interviewers during the interview.
(C) Transcripts and notes must be given to the public safety
officer before subsequent interviews in the course of the same
investigation.
(k) If it is decided before or during the interview that the
public safety officer may be charged with a criminal offense, the
officer must be informed immediately of the officer's
constitutional rights with respect to the criminal charge.
(L) The public safety officer's chosen representative may not
be required to disclose, or be subjected to disciplinary action
for refusing to disclose, information received from the officer
for noncriminal matters.
(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.
(4) A statement made by a public safety officer is not
admissible in any subsequent civil proceeding except:
(a) When the employer is seeking a civil sanction against the
officer or in a proceeding to enforce the employer's disciplinary
action;
(b) In an administrative or other proceeding brought by the
public safety officer or the officer's chosen representative to
contest the disciplinary action; or
(c) When used to impeach the testimony of the public safety
officer in any proceeding. + }
{ - (1) - } { + (5) + } { - No - } Disciplinary action
{ - shall - } { + may not + } be taken against a
{ - police - } { + public safety + } officer without just
cause.
{ - (2) - } { + (6) + } { - 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. - }
{ + (7)(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 (6)(a) of this section no
later than six months from the day the alleged misconduct was
discovered by or made known to a person authorized to initiate
the investigation.
(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 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.
(8) 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:
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.
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
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 paragraph (b) 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) 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 during normal business hours and
without loss of compensation.
(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. 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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