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 3872
 
                         House Bill 3509
 
Sponsored by Representatives CLEM, C EDWARDS
 
 
                             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.
 
  Allows appointing authority to remove public employee from
management service due to lack of work, curtailment of funds or
reorganization requiring reduction in force.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to public employment; amending ORS 240.570; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 240.570 is amended to read:
  240.570. (1) Positions in the unclassified, management and
exempt services may be filled by classified employees. After an
employee is terminated from the unclassified or exempt service or
removed from the management service, for reasons other than those
specified in ORS 240.555, the state agency that employed the
employee before the appointment to the unclassified, exempt or
management service may, at the agency's sole discretion, restore
the employee to a position held in the agency before the
appointment if the employee meets the position requirements. If
an employee is restored to a former position, the employee is
subject to any applicable agency collective bargaining agreement.
  (2) An appointing authority may assign, reassign and transfer
management service employees for the good of the service and may
remove employees from the management service due to
  { - reorganization or - }  lack of work { + , curtailment of
funds or reorganization requiring a reduction in force + }.
  (3) A management service employee is subject to a trial service
period established pursuant to rules of the Personnel Division
under ORS 240.250. Thereafter, the management service employee
may be disciplined by reprimand, salary reduction, suspension or
demotion or removed from the management service if the employee
is unable or unwilling to fully and faithfully perform the duties
of the position satisfactorily.
  (4) Employees who are assigned, reassigned, transferred or
removed, as provided in subsection (2) of this section, and
employees who are disciplined or removed from the management
service for the reasons specified in subsection (3) of this
section may appeal to the Employment Relations Board in the
manner provided by ORS 240.560.
  (5) Management service employees with immediate prior former
regular status in the classified service may be dismissed from
state service only for reasons specified by ORS 240.555 and
pursuant to the appeal procedures provided by ORS 240.560.
  SECTION 2.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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