Chapter 240 — State
Personnel Relations
2011 EDITION
STATE PERSONNEL RELATIONS
PUBLIC OFFICERS AND EMPLOYEES
ADMINISTRATIVE PROVISIONS
240.005 Short
title
240.010 Purpose
of chapter
240.011 Policy
on public service contracts; review
240.012 Job
sharing; policy statement
240.013 Job-sharing
positions; adjustment of benefits and detriments
240.015 Definitions
240.055 Personnel
Division
240.057 Administrator
of Personnel Division; appointment
240.060 Employment
Relations Board; qualification of members; outside activities
240.065 Appointment;
terms; vacancies
240.071 Compensation
and expenses of members
240.075 Removal
of members
240.080 Chairperson
appointed by Governor; meetings; quorum; hearings
240.086 Duties
of board; rules
240.088 Review
of arbitration awards after written exceptions filed
240.100 Administer
oaths; subpoena witnesses; compel production of papers
240.105 Use
of public facilities of state or municipalities
240.115 Action
to secure compliance with chapter
240.123 Board
personnel; executive secretary of board; general counsel
240.131 Employment
Relations Board Administrative Account
240.145 Duties
of administrator; rules
240.160 Agency
personnel officers
240.165 Cost
of operating Personnel Division divided among various agencies of state
government
240.167 Cost
of operating Employment Relations Board divided among various divisions of
state government
240.170 Oregon
Department of Administrative Services Operating Fund
240.185 Maximum
number of state employees; applicability; exceptions
CATEGORIES OF SERVICE; CLASSIFICATION
AND COMPENSATION PLANS
240.190 Policy
on comparability of value of work and compensation and classification
240.195 Categories
of positions in state service
240.200 Exempt
service
240.205 Unclassified
service
240.210 Classified
service
240.212 Management
service
240.215 Classification
plan; job share; career ladder; transfers
240.217 Certain
reclassifications prohibited
240.227 Salary
for legislator appointed to exempt, unclassified or management service
240.235 Compensation
plan for classified service
240.240 Application
of chapter to unclassified or management service
240.245 Application
of chapter to exempt service
240.250 Rules
applicable to management service
METHOD OF SELECTING EMPLOYEES FOR
SERVICE IN CLASSIFIED POSITIONS
240.306 Recruitment,
selection and promotion of state employees; criteria; procedures; duties of
department
240.307 Procedure
for enforcement of ORS 240.309; rules
240.309 Temporary
appointments; limitations; duration; extension; periodic reports; post-audit
review; investigation; exceptions
240.311 Delegation
of authority and responsibility by division; post-audit review
240.316 Trial
service; regular status; procedures for transfer, demotion and separation of
employees
240.321 Collective
bargaining; effect of collective bargaining agreements on personnel rules;
grievance procedures
240.395 Suspension
of merit system in emergencies; reinstatement
240.400 Designation
by appointing authority of staff employees to act as alternates
EMPLOYER-REQUESTED INTERVIEWS
240.406 Right
of unclassified or exempt employee to be accompanied to employer-requested
interview
REMOVAL DURING TRIAL SERVICE; SEASONAL
EMPLOYEES; MERIT RATINGS
240.410 Removals
during trial period
240.425 Regular
seasonal employees
240.430 Merit
ratings
STATE MANAGEMENT CREDENTIALS PROGRAM
240.435 State
Management Credentials Program required; purpose
WORKING HOURS, LEAVES, DISCIPLINE,
REEMPLOYMENT
240.546 Payments
in lieu of sick leave with pay; rules; exclusions
240.551 Working
hours, holidays, leaves of absence and vacations of employees in state
classified service
240.555 Suspension,
reduction, demotion or dismissal
240.560 Appeal
procedure
240.563 Judicial
review
240.570 Classified
employee filling position in unclassified, exempt or management service
240.580 Service
credits for service in unclassified service
240.590 Reemployment
of employee in exempt service
MEDIATION FEE
240.610 Mediation
service fee; interest-based problem solving training fee; amount; payment;
disposition of fees
PROHIBITED CONDUCT
240.710 Certain
acts unlawful
240.750 When
discipline action not to be retained in personnel file
MISCELLANEOUS
240.850 Policy
on work environments; duties of state agencies
240.855 Telecommuting;
state policy; agencies to adopt written policies; biennial report
PENALTIES
240.990 Penalties
ADMINISTRATIVE PROVISIONS
240.005 Short title.
This chapter shall be known as the State Personnel Relations Law. [Amended by
1979 c.468 §2]
240.010 Purpose of chapter.
The general purpose of this chapter is to establish for the state a system of
personnel administration based on merit principles. [Amended by 1979 c.468 §3]
240.011 Policy on public service
contracts; review. (1) The Legislative Assembly
declares that the interests of the state are best served by a system that goes
beyond consideration of mere short-term cost to encompass other benefits, such
as efficiency, continuity of operations, public protection and avoidance of the
spoils system. The state has a basic obligation to protect the public by
attempting to assure the orderly and uninterrupted operations, services and
functions of all public agencies.
(2)
It is the policy of the state that contracts for public services entered into
by any public agency be entered with full knowledge of costs and benefits to
the public and that contracts be subject to ongoing review to insure
accountability of the contractor for the quantity and quality of contracted
services. [1989 c.862 §1(1),(2)]
Note:
240.011 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 240 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
240.012 Job sharing; policy statement.
The Legislative Assembly finds that job sharing is an efficient and effective
technique which should be used to improve management of state agencies. It
further finds that job sharing offers employment opportunities to those who otherwise
may be unable to participate in state employment and contribute to state
operations. [1977 c.462 §1]
Note:
240.012 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 240 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
240.013 Job-sharing positions; adjustment
of benefits and detriments. Insofar as reasonably possible,
individuals who hold job-sharing positions shall be entitled to benefits and
privileges and suffer detriments under this chapter in proportion to their
seniority as adjusted in the proportion that their monthly time employed bears
to the monthly time employed by individuals holding full-time positions. [1979
c.302 §7]
240.015 Definitions.
As used in this chapter, unless the context clearly requires otherwise:
(1)
“Administrator” means the Administrator of the Personnel Division.
(2)
“Appointing authority” means an officer or agency having power to make
appointments to positions in the state service.
(3)
“Board” means the Employment Relations Board.
(4)
“Class” or “classification” means a group of positions in the state classified
service sufficiently alike in duties, authority and responsibilities that the
same qualifications may reasonably be required for, and the same schedule of
pay can be equitably applied to, all positions in the group.
(5)
“Division” means, except in the phrase “division of the service,” the Personnel
Division referred to in ORS 240.055.
(6)
“Division of the service” means a state department or any division or branch
thereof, any agency of the state government, or any branch of the state
service, all the positions in which are under the same appointing authority.
(7)
“Job-sharing position” means a full-time position in the classified service
that is classified as one that may be held by more than one individual on a
shared time basis whereby the individuals holding the position work less than
full-time.
(8)
“Regular employee” means an employee who has been appointed to a position in
the classified service in accordance with this chapter after completing the
trial service period.
(9)
“State service” means all offices and positions in the employ of the state
other than those of commissioned, warrant and enlisted personnel in the
military and naval services thereof. However, as provided in ORS 396.330, the
term includes members of the Oregon National Guard or Oregon State Defense
Force who are not serving pursuant to provisions of Title 10 or 32 of the
United States Code and who are employed as state employees in the Oregon
Military Department. [Amended by 1959 c.690 §1; 1969 c.80 §30; 1975 c.147 §9;
1979 c.302 §4; 1979 c.468 §4a; 1995 c.114 §1; 2005 c.22 §182]
240.055 Personnel Division.
The Department of Civil Service that has heretofore functioned under ORS
chapter 240 is hereby renamed the Personnel Division and transferred into the
Oregon Department of Administrative Services. [Amended by 1969 c.80 §31]
240.057 Administrator of Personnel Division;
appointment. The Personnel Division shall be under
the supervision and control of an administrator who shall be appointed by and
hold office at the pleasure of the Director of the Oregon Department of
Administrative Services. [1979 c.468 §7]
240.060 Employment Relations Board;
qualification of members; outside activities. (1)
The Civil Service Commission that has functioned under this chapter shall be
continued as a board of three members to be known as the Employment Relations
Board. Each member of the board shall be a citizen of the state known to be in
sympathy with the application of merit principles to public employment and
shall be of recognized standing and known interest in public administration and
in the development of efficient methods of selecting and administering
personnel. In the selection of the members of the Employment Relations Board,
the Governor shall give due consideration to the interests of labor, management
and the public. Each member of the board shall be trained or experienced in
labor-management relations and labor law or the administration of the
collective bargaining process. No member of the board shall hold, or be a
candidate for, any public office.
(2)
Except as provided in subsection (3) of this section, a member of the board
shall not hold any other office or position of profit, pursue any other
business or vocation, or serve on or under any committee of any political
party, but shall devote the member’s entire time to the duties of the office of
the member.
(3)
A member of the board may:
(a)
Serve as an arbitrator, fact finder or mediator for parties located outside of
the State of Oregon;
(b)
Teach academic or professional classes for entities that are not subject to the
board’s jurisdiction;
(c)
Have a financial interest but an inactive role in a business unrelated to the
duties of the board; and
(d)
Publish, and receive compensation or royalties for, books or other publications
that are unrelated to the member’s duties, provided that activity does not
interfere with the performance of the member’s duties.
(4)
A member of the board shall be on leave status or act outside of normal work
hours when pursuing any activity described in subsection (3)(a) and (b) of this
section. [Amended by 1969 c.80 §32; 1973 c.536 §26; 1975 c.147 §10; 1977 c.808 §1;
1999 c.248 §1]
240.065 Appointment; terms; vacancies.
(1) The members of the Employment Relations Board shall be appointed by the
Governor for a term of four years.
(2)
Each member shall be appointed for a term ending four years from the date of
the expiration of the term for which the predecessor of the member was
appointed, except that a person appointed to fill a vacancy occurring prior to
the expiration of such term shall be appointed for the remainder of the term. Appointments
to the board by the Governor are subject to confirmation by the Senate in the
manner provided in ORS 171.562 and 171.565. [Amended by 1969 c.80 §34; 1973
c.536 §27; 1973 c.792 §6a; 1977 c.808 §2; 1991 c.67 §59]
240.070
[Repealed by 1967 c.73 §3 (240.071 enacted in lieu of 240.070)]
240.071 Compensation and expenses of
members. A member shall be paid in accordance
with the provisions of ORS 240.240. However, the Personnel Division shall adopt
a salary plan that requires the chairperson of the Employment Relations Board
to receive a higher salary than the other members. In addition, subject to any
other applicable law regulating travel and other expenses of state officers, a
member shall receive the actual and necessary travel and other expenses
incurred in the performance of official duties. [1967 c.73 §4 (enacted in lieu
of 240.070); 1969 c.80 §34a; 1969 c.314 §16; 1975 c.518 §1; 1977 c.808 §3]
240.075 Removal of members.
A member of the Employment Relations Board shall be removable by the Governor
only for cause, after being given a copy of charges against the member and an
opportunity to be heard publicly on such charges before the Governor. A copy of
the charges and a transcript of the record of the hearing shall be filed with
the Secretary of State.
240.080 Chairperson appointed by Governor;
meetings; quorum; hearings. The Governor shall appoint one
of the members of the Employment Relations Board as chairperson, who shall
serve for a term not to exceed four years. The chairperson shall be the chief
administrative officer of the board. The board shall meet at such times and
places as are specified by call of the chairperson or a majority of the board.
All hearings shall be open to the public. A majority of the members of the
board constitutes a quorum for the transaction of business. Any agent
designated by the board to make investigations and conduct hearings may
administer oaths and affirmations, examine witnesses and receive evidence. [Amended
by 1973 c.536 §29; 1977 c.808 §4]
240.085 [Repealed
by 1969 c.80 §35 (240.086 enacted in lieu of 240.085)]
240.086 Duties of board; rules.
The duties of the Employment Relations Board shall be to:
(1)
Review any personnel action affecting an employee, who is not in a certified or
recognized appropriate collective bargaining unit, that is alleged to be
arbitrary or contrary to law or rule, or taken for political reason, and set
aside such action if it finds these allegations to be correct.
(2)
Review and enforce arbitration awards involving employees in certified or
recognized appropriate collective bargaining units. The awards shall be
enforced unless the party against whom the award is made files written
exceptions thereto for any of the following causes:
(a)
The award was procured by corruption, fraud or undue means.
(b)
There was evident partiality or corruption on the part of the arbitrator.
(c)
The arbitrators were guilty of misconduct in refusing to postpone the hearing,
upon sufficient cause shown, or in refusing to hear evidence pertinent and
material to the controversy; or of any other misbehavior by which the rights of
any party were prejudiced.
(d)
The arbitrators exceeded their powers, or so imperfectly executed them that a
mutual, final and definite award upon the subject matter submitted was not
made.
(e)
There was an evident material miscalculation of figures or an evident material
mistake in the description of any person, thing or property referred to in the
award.
(f)
The arbitrators awarded upon a matter not submitted to them, unless it was a
matter not affecting the merits of the decision upon the matters submitted.
(g)
The award is in violation of law.
(3)
Adopt such rules or hold such hearings as it finds necessary to perform the
duties, functions and powers imposed on or vested in it by law. [1969 c.80 §35a
(enacted in lieu of 240.085); 1971 c.575 §5; 1975 c.605 §14; 1979 c.468 §5]
240.088 Review of arbitration awards after
written exceptions filed. (1) If after a hearing on the
exceptions filed as provided in ORS 240.086 (2), it appears to the Employment
Relations Board that the award should be vacated or modified, the board may by
order refer the award back to the arbitrator with proper instructions for
correction or rehearing. Upon failure of the arbitrator to follow the
instructions, the board shall have jurisdiction over the case and proceed to
its final determination by order.
(2)
Review of arbitration awards shall be limited exclusively to that provided
under ORS 240.086 and this section, except for such judicial review as may be
provided for under ORS 183.480. [1979 c.468 §6]
240.090
[Repealed by 1969 c.80 §92]
240.091
[Repealed by 1979 c.468 §1]
240.093 [1971
c.576 §3; repealed by 1979 c.468 §1]
240.095
[Amended by 1969 c.80 §37; 1969 c.489 §5; repealed by 1979 c.468 §1]
240.097 [1969
c.489 §2; repealed by 1979 c.468 §1]
240.099 [1969
c.658 §2; repealed by 1973 c.536 §39]
240.100 Administer oaths; subpoena
witnesses; compel production of papers. Each member
of the Employment Relations Board may administer oaths, subpoena witnesses, and
compel the production of books and papers pertinent to any investigation or
hearing authorized by this chapter. [Amended by 1969 c.80 §38]
240.105 Use of public facilities of state
or municipalities. All officers and employees of
the state and of municipalities and political subdivisions of the state shall
allow the Personnel Division or Employment Relations Board the reasonable use
of public buildings under their control, and furnish heat, light, and
furniture, for any examination, hearing or investigation authorized by this
chapter or ORS 243.005 to 243.215, 243.305, 243.315 and 243.401 to 243.945. The
division or board shall pay to a municipality or political subdivision the
reasonable cost of any such facilities furnished by it. [Amended by 1969 c.80 §38a]
240.110
[Amended by 1969 c.80 §39; repealed by 1973 c.794 §34]
240.115 Action to secure compliance with
chapter. The Employment Relations Board may
maintain such action or proceeding at law or in equity as it considers
necessary or appropriate to secure compliance with this chapter and its rules
and orders thereunder.
240.120
[Amended by 1969 c.80 §39a; repealed by 1973 c.794 §34]
240.123 Board personnel; executive
secretary of board; general counsel. (1) The
Employment Relations Board shall employ such personnel as it considers
necessary for efficient administration of its vested duties, and fix the
compensation of its employees in accordance with the compensation plan for
classified employees.
(2)
The board shall designate one of its employees as its executive secretary and
delegate to the executive secretary such administrative duties and
responsibilities as it finds advisable. The executive secretary shall be in the
classified service.
(3)
The board shall designate a member of the Oregon State Bar as its general
counsel to assist it in the performance of its functions and duties.
Notwithstanding ORS chapter 180 and independently of the Attorney General, the
general counsel may represent the board in any litigation or other matter
pending in a court of law to which the board is a party or in which it is
otherwise interested. The general counsel shall not appear before the board in
any capacity other than general counsel to the board. The board may also delegate
to its general counsel such other administrative duties and responsibilities as
it finds advisable. [1969 c.80 §35e; 1973 c.536 §30; 1977 c.808 §5; 1979 c.468 §8]
240.125
[Amended by 1969 c.80 §40; repealed by 1979 c.468 §1]
240.130
[Amended by 1969 c.80 §41; repealed by 1979 c.468 §1]
240.131 Employment Relations Board Administrative
Account. The Employment Relations Board
Administrative Account is established separate and distinct from the General
Fund. The account consists of all moneys received by the Employment Relations
Board, other than moneys appropriated to the board by the Legislative Assembly.
All moneys in the account are continuously appropriated to the board for the
payment of all expenses incurred by the board. Interest earned by the account
shall be credited to the General Fund. [2007 c.296 §4]
Note:
240.131 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 240 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
240.135
[Amended by 1969 c.80 §42; repealed by 1979 c.468 §1]
240.140
[Amended by 1969 c.80 §42a; repealed by 1979 c.468 §1]
240.145 Duties of administrator; rules.
The Administrator of the Personnel Division, subject to the approval of the
Director of the Oregon Department of Administrative Services, shall direct and
supervise all the administrative and technical activities of the Personnel
Division. In addition to the duties imposed upon the administrator elsewhere in
this chapter, the administrator shall:
(1)
Establish and maintain a roster of all employees in state service, in which
there shall be set forth, as to each employee, the class title of the position
held, the salary or pay; any change in class title, pay, status or merit
rating; and any other data about the employee that the division deems
necessary.
(2)
Select for appointment, under this chapter, such employees of the division and
such experts and special assistants as are necessary to carry out effectively
the provisions of this chapter.
(3)
Prepare such rules, policies and procedures, tests and eligible lists as are
necessary to carry out the duties, functions and powers of the Personnel
Division under this chapter.
(4)
Devise plans for and cooperate with appointing authorities and other
supervisory officers in the conduct of employee training programs, to the end
that the quality of service rendered by state personnel may be continually
improved.
(5)
Investigate from time to time the operation and effect of this chapter and the
rules thereunder, and report findings and
recommendations to the director of the department.
(6)
Make annual reports to the director of the department regarding the work of the
division, and such special reports as the director considers desirable. [Amended
by 1969 c.80 §43; 1971 c.695 §1; 1979 c.468 §9]
240.150
[Amended by 1969 c.348 §1; repealed by 1979 c.468 §37]
240.155
[Amended by 1969 c.80 §44; repealed by 1979 c.468 §1]
240.160 Agency personnel officers.
A division of the service may designate a staff employee to serve as personnel
officer for that division of the service. Such a personnel officer shall
administer, within the division of the service, training and educational
programs developed by the administrative head thereof in cooperation with
appointing authorities and others and shall have such other functions of the
Personnel Division as are authorized by the Administrator of the Personnel
Division. [Amended by 1969 c.80 §45]
240.165 Cost of operating Personnel
Division divided among various agencies of state government.
(1) The administrative expenses and costs of operating the Personnel Division
shall be paid by the various divisions of the service in the state government.
To establish an equitable division of the costs, the amount to be paid by each
division of the service shall be determined in such proportion as the service
rendered to each division of the service bears to the total service rendered by
the Personnel Division.
(2)
The Personnel Division, at such times as its administrator deems proper, shall
estimate in advance the expenses that will be incurred during a given period of
not to exceed six months and, upon approval by the Director of the Oregon
Department of Administrative Services, the division shall render to each
division of the service affected thereby an invoice for its pro rata share of
such expenses. Each division of the service shall pay such invoice as an
administrative expense of that division of the service from funds or appropriations
available to that division of the service in the same manner as other claims
against the state are paid. If the estimated expenses in the case of any
division of the service are more or less than the actual expenses, the
difference shall be reflected in the next following estimate of expenses and
invoice for that division of the service. [Amended by 1969 c.80 §46; 1969 c.489
§6]
240.167 Cost of operating Employment
Relations Board divided among various divisions of state government.
(1) The administrative expenses and costs of operation of the Employment
Relations Board in behalf of the state service shall be paid by the various
divisions of the service in the state government. The board shall determine the
amount of the expenses and costs to be paid by each division of the service on
the basis of the proportion that the number of employees of that division in
the classified service bears to the total number of employees of all divisions
of the service in the classified service, or on any other basis that the board
determines to be equitable.
(2)
The Employment Relations Board, at such times as its executive secretary
considers proper, shall estimate in advance the expenses and costs that will be
incurred during a period of not to exceed six months and shall render to each
division of the service in the state government affected thereby an invoice for
its pro rata share of such expenses and costs. Each division shall pay such
invoice promptly as an administrative expense of that division from funds
appropriated to or otherwise available for expenditure by that division, in the
same manner as other claims against the state are paid. If the estimated
expenses in the case of any division are more or less than the actual expenses,
the difference shall be reflected in the next following estimate of expenses
and invoice for that division of the service. [1969 c.658 §4; 1979 c.66 §1]
240.170 Oregon Department of Administrative
Services Operating Fund. All moneys received by the
Personnel Division pursuant to the state personnel management program shall be
deposited in the State Treasury to the credit of the Oregon Department of
Administrative Services Operating Fund and are appropriated continuously out of
that fund for the payment of all expenses incurred by the division for
administration of the state personnel management program. [Amended by 1957
c.437 §2; 1969 c.80 §47; 1969 c.489 §8; 1993 c.500 §8a; 2007 c.296 §6]
240.180 [1969
c.80 §36; 1971 c.734 §20; repealed by 1979 c.468 §1]
240.185 Maximum number of state employees;
applicability; exceptions. (1) On and after January 1,
1984, the number of persons employed by the state shall not exceed 1.5 percent
of the state’s population of the prior year.
(2)
The population figure shall be that required by ORS 190.510 to 190.610.
(3)
This section applies to all full-time equivalent budgeted positions.
(4)
This section does not apply to the Governor, the Secretary of State, the State
Treasurer, the Supreme Court or the Legislative Assembly in the conduct of
duties vested in any of them by the Oregon Constitution. However, this
exception applies only to the office of the Governor and not to the executive
branch of government.
(5)
This section does not apply to personnel who administer unemployment insurance
benefits programs of the Employment Department, to personnel who administer
programs required to be implemented as a condition for the continued
certification of the Employment Division Law by the United States Secretary of
Labor or to personnel who administer programs implemented by the United States
Department of Labor under federal law if the state is required to enter into
contracts to provide such programs.
(6)
This section does not apply to personnel whose positions are funded by the
gifts, grants and contracts program in the Oregon University System.
(7)
In order to assess the effect of subsection (1) of this section, the Oregon
Department of Administrative Services by December 31 of each even-numbered year
shall conduct a workload analysis of each state agency, regardless of whether
the agency is exempt from the application of subsection (1) of this section.
The workload analysis of each agency shall be submitted to the Legislative
Assembly prior to its convening in the subsequent odd-numbered year regular
session and shall accompany the agency’s budget request before the Joint Ways
and Means Committee. [1979 c.604 §1; 1983 c.340 §1; 1989 c.863 §1; 2009 c.762 §49;
2011 c.545 §17]
Note:
240.185 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 240 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
CATEGORIES OF SERVICE; CLASSIFICATION
AND COMPENSATION PLANS
240.190 Policy on comparability of value
of work and compensation and classification. (1) It
is declared to be the public policy of the State of Oregon to attempt to
achieve an equitable relationship between the comparability of the value of
work, as defined in ORS 292.951, performed by persons in state service and the
compensation and the classification structure within the state system. To
further the effort to achieve and maintain equity for undervalued jobs and job
classifications, the state shall employ a neutral and objective method of
determining the comparability of the value of work. The first priority in
attaining equitable relationships shall be achieving compensation equity for
the most undervalued classes in the lowest salary ranges.
(2)
State management, in each branch of government, shall, when establishing or
modifying personnel plans and policies in compensation and classification
matters, or in collective bargaining, arbitration and grievance procedures,
hold equity in compensation and classification matters as an important
consideration. Where applicable, an exclusive representative of a collective
bargaining unit shall hold the same considerations to achieve consistency with
the policies stated in this section and ORS 292.951 to 292.971.
(3)
No employee shall have wages decreased in order to achieve the policy set forth
in this section. [1983 c.814 §1; 1987 c.772 §2]
Note:
240.190 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 240 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
240.195 Categories of positions in state
service. Positions in the service of the state
are divided into the following categories:
(1)
The classified service as provided in ORS 240.210.
(2)
The unclassified service as provided in ORS 240.205.
(3)
The exempt service as defined in ORS 240.200.
(4)
The management service as provided in ORS 240.212. [1955 c.738 §1; 1981 c.409 §1]
240.200 Exempt service.
The exempt service shall comprise:
(1)
Officers elected by popular vote and persons appointed to fill vacancies in
elective offices.
(2)
Members of boards and commissions who serve on a part-time basis and who, if
compensated, receive compensation on a per diem basis.
(3)
Judges, referees, receivers, jurors and notaries public.
(4)
Officers and employees of the Legislative Assembly.
(5)
Persons employed in a professional or scientific capacity to make or conduct a
temporary and special inquiry, investigation or examination on behalf of the
Legislative Assembly or a committee thereof, or by authority of the Governor.
(6)
Any other position designated by law as exempt. [1955 c.738 §2; 1969 c.80 §48;
1969 c.199 §17; 1975 c.427 §1; 1983 c.763 §29]
240.205 Unclassified service.
The unclassified service shall comprise:
(1)
One executive officer and one secretary for each board or commission, the
members of which are elected officers or are appointed by the Governor.
(2)
The director of each department of state government, each full-time salaried
head of a state agency required by law to be appointed by the Governor and each
full-time salaried member of a board or commission required by law to be
appointed by the Governor.
(3)
The administrator of each division within a department of state government
required by law to be appointed by the director of the department with the
approval of the Governor.
(4)
Principal assistants and deputies and one private secretary for each executive
or administrative officer specified in ORS 240.200 (1) and in subsections (1)
to (3) of this section. “Deputy” means the deputy or deputies to an executive
or administrative officer listed in subsections (1) to (3) of this section who
is authorized to exercise that officer’s authority upon absence of the officer.
“Principal assistant” means a manager of a major agency organizational
component who reports directly to an executive or administrative officer listed
in subsections (1) to (3) of this section or deputy and who is designated as
such by that executive or administrative officer with the approval of the
Director of the Oregon Department of Administrative Services.
(5)
Employees in the Governor’s office and the principal assistant and private
secretary in the Secretary of State’s division.
(6)
The director, principals, instructors and teachers in the school operated under
ORS 346.010.
(7)
Apprentice trainees only during the prescribed length of their course of
training.
(8)
Licensed physicians and dentists employed in their professional capacities and
student nurses, interns, and patient or inmate help in state institutions.
(9)
Lawyers employed in their professional capacities.
(10)
All members of the Oregon State Police appointed under ORS 181.250.
(11)
The Deputy Superintendent of Public Instruction appointed under ORS 326.300 and
associate superintendents in the Department of Education.
(12)
Temporary seasonal farm laborers engaged in single phases of agricultural
production or harvesting.
(13)
Any individual employed and paid from federal funds received under a federal
program intended primarily to alleviate unemployment. However, persons employed
under this subsection shall be treated as classified employees for purposes of
ORS 243.650 to 243.782.
(14)
Managers, department heads, directors, producers and announcers of the state
radio and television network.
(15)
Employees, including managers, of the foreign trade offices of the Oregon
Business Development Department located outside the country.
(16)
Any other position designated by law as unclassified. [Amended by 1953 c.699 §3;
1955 c.738 §4; 1957 c.597 §1; 1959 c.230 §1; 1959 c.566 §4; 1961 c.645 §1; 1965
c.405 §2; 1969 c.80 §49; 1969 c.199 §18; 1969 c.564 §3; 1969 c.599 §§66a,66b;
1971 c.301 §19; 1971 c.467 §25c; 1975 c.3 §1; 1975 c.393 §1a; 1975 c.427 §2a;
1977 c.271 §1; 1979 c.747 §1; 1979 c.468 §11; 1981 c.518 §3; 1981 s.s. c.3 §40; 1983 c.763 §30; 1985 c.388 §1; 1985 c.565 §38;
1991 c.149 §3; 1991 c.887 §2; 1993 c.741 §19; 1995 c.612 §13; 2001 c.883 §42;
2007 c.858 §61; 2009 c.562 §17; 2011 c.9 §28; 2011 c.547 §40; 2011 c.731 §8]
240.207 [1969
c.564 §2; 1979 c.468 §29; repealed by 1995 c.612 §24]
240.210 Classified service.
The classified service comprises all positions in the state service existing on
June 16, 1945, or thereafter created and which are not listed in ORS 240.200,
240.205 or 240.212. [Amended by 1955 c.738 §7; 1981 c.409 §2]
240.212 Management service.
The management service shall comprise all positions not in the unclassified or
exempt service that have been determined to be confidential employees,
supervisory employees or managerial employees, as defined in ORS 243.650. [1981
c.409 §6; 1995 c.286 §25]
240.215 Classification plan; job share;
career ladder; transfers. (1) The Personnel Division of
the Oregon Department of Administrative Services shall adopt a classification
plan which shall group all positions in the classified service in
classifications based on their duties, authority and responsibilities; and
which shall set forth for each classification, a class title, a statement of
the minimum qualifications, duties, authority and responsibilities thereof.
Each classification of positions may be subdivided and classes may be grouped
and ranked in an appropriate manner.
(2)
The allocation of positions within the various operating agencies to the
classifications in the classification plan shall be performed by the agency
appointing authority with post-audit review by the division. Agencies shall
allocate positions to the available class that most accurately describes the
work based upon the assigned duties, authorities and responsibilities. If a
position is found to be misallocated, the agency shall change the allocation of
the position to the proper class for the work, whether or not the assigned
duties have changed since the previous allocation decision.
(3)
In adopting a classification system, the division shall consult with appointing
authorities to determine the positions in a class of positions that can be
classified as job-sharing positions.
(4)
The division shall group jobs into broad, statewide classes, whenever possible,
consistent with good management practices and ORS 240.190 and 243.650 to
243.782. In this process, the division shall work to reduce the total number of
classes, in conjunction with developing career ladders and voluntary
cross-agency transfers in concert with employees of the agency. It is intended
that employees be provided the necessary training in those instances where
additional skills are required. [Amended by 1969 c.80 §50; 1979 c.302 §5; 1979
c.468 §10a; 1993 c.724 §11; 1995 c.155 §1]
240.217 Certain reclassifications
prohibited. Whenever class specifications for a
class of positions in the classified service are changed to reflect revised or
added responsibilities that require either the same level or a higher level of
competence, such change will not result in a downward reclassification of the
class. [1978 c.6 §2]
Note:
240.217 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 240 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
240.220
[Amended by 1969 c.80 §51; repealed by 1979 c.468 §1]
240.225
[Repealed by 1979 c.468 §1]
240.227 Salary for legislator appointed to
exempt, unclassified or management service. (1)
Except as otherwise provided by section 30, Article IV of the Oregon
Constitution, notwithstanding any statute or salary plan establishing the
salary for a position in the exempt, unclassified or management service, a
Senator or Representative who is appointed to a position in the exempt,
unclassified or management service during the Senator’s or Representative’s
term of office shall receive a salary established as follows:
(a)
If the salary for the position to which the Senator or Representative is
appointed has been increased during the Senator’s or Representative’s term of
office, the Senator or Representative shall receive a salary equal to that
established for the position immediately prior to the commencement of the
Senator’s or Representative’s term of office until the term of office of the
Senator or Representative expires.
(b)
If the salary for the position to which the Senator or Representative is
appointed decreased or remained unchanged during the Senator’s or
Representative’s term of office, the Senator or Representative shall receive
the salary established by the applicable statute or salary plan.
(2)
As used in this section, “term of office” means the particular four-year or
two-year period for which the Senator or Representative was elected pursuant to
section 4, Article IV of the Oregon Constitution. In the event that the Senator
or Representative was appointed to fill a vacancy in the Legislative Assembly, “term
of office” means the remainder of the four-year or two-year period for which
the Senator or Representative was appointed, beginning on the date of
appointment. “Term of office” does not mean the Senator’s or Representative’s
duration of service in the Legislative Assembly. [1987 c.879 §23]
240.230
[Repealed by 1979 c.468 §1]
240.233 [1955
c.738 §8; 1969 c.80 §52; 1975 c.139 §1; repealed by 1979 c.468 §1]
240.235 Compensation plan for classified
service. (1) The Personnel Division shall
establish and implement a merit pay system which shall take into consideration
individual performance and organizational accomplishment, prevailing rates of
pay for the services performed and for comparable services in public and
private employment, living costs, maintenance or other benefits received,
obligations established by collective bargaining agreements, and the state’s
financial condition and policies. The merit pay system may provide for monetary
awards to employees for past meritorious service and contribution to the
mission and goals of the employing agency.
(2)
Modifications of the merit pay system may be adopted by the division and shall
be effective only when approved by the Director of the Oregon Department of
Administrative Services.
(3)
Except as provided in subsection (4) of this section, each employee in the
classified service shall be paid a rate within the salary range set forth in
the merit pay system for the class of positions in which employed.
(4)
Following any modification of the classification plan affecting a position, the
division may provide that the rate of compensation of the employee holding such
position shall not be reduced by reason of any such modification. An employee
holding such a position shall not be eligible for any salary increase during
such period of time that the employee’s salary is above the maximum of the
salary range of the classification to which the employee’s position is
allocated. [Amended by 1961 c.451 §1; 1969 c.80 §53; 1975 c.305 §1; 1979 c.468 §12]
240.240 Application of chapter to unclassified
or management service. (1) The unclassified service or,
except as provided in ORS 240.250, the management service shall not be subject
to this chapter, except that employees and officers in the unclassified or
management service shall be subject to the laws, rules and policies pertaining
to any type of leave with pay except as otherwise provided in subsections (4)
and (5) of this section, and shall be subject to the laws, rules and policies
pertaining to salary plans except as otherwise provided in subsections (3) and
(5) of this section.
(2)
With regard to any unclassified or management service position for which the
salary is not fixed by law, and except as otherwise provided in subsections (3)
and (5) of this section, the Personnel Division shall adopt a salary plan which
is equitably applied to various categories in the unclassified or management
service and is in reasonable conformity with the general salary structure of
the state. The division shall maintain this unclassified and management salary
plan in accordance with the procedures established for the classified salary
plan as provided in ORS 240.235.
(3)
The Secretary of State and the State Treasurer, for the purpose of maintaining
a salary plan for unclassified and management service positions in their
departments, may request the advice and assistance of the division.
(4)
With regard to unclassified instructors and teachers under annual teaching
contracts for an academic year in the school operated under ORS 346.010,
arrangements for leave with pay shall be established by the Department of
Education.
(5)
With regard to unclassified positions in the Oregon Business Development
Department’s foreign offices, the salary plan and arrangements for leave with
pay shall be established by the Director of the Oregon Business Development
Department. [1955 c.738 §5; 1969 c.80 §54; 1971 c.695 §2; 1975 c.427 §4; 1981
c.409 §3; 1985 c.121 §1; 1991 c.149 §4; 1995 c.612 §14; 2007 c.858 §62; 2009
c.562 §18]
240.245 Application of chapter to exempt
service. The exempt service shall not be subject
to the provisions of this chapter, except that, with regard to any position for
which salaries are not fixed by law, the officer authorized by law to appoint
or fill such position shall maintain a salary plan equitably applied to the
exempt position and in reasonable conformity with the general salary structure
of the state. [1955 c.738 §3; 1969 c.80 §55]
240.250 Rules applicable to management
service. The Personnel Division shall adopt
rules, policies and procedures necessary for the management service. The rules
may cover any wages, hours, terms and conditions of employment addressed by
this chapter, even if, absent the rule, those wages, hours, terms and
conditions would not otherwise apply to the management service. The rules shall
further merit principles in the examination, selection and promotion of
individuals for the management service. [1981 c.409 §7; 1985 c.121 §2]
240.305
[Amended by 1975 c.427 §5; repealed by 1979 c.468 §1]
METHOD OF SELECTING EMPLOYEES FOR
SERVICE IN CLASSIFIED POSITIONS
240.306 Recruitment, selection and
promotion of state employees; criteria; procedures; duties of department.
(1) Recruiting, selecting and promoting employees shall be on the basis of
their relative ability, knowledge, experience and skills, determined by open
competition and consideration of qualified applicants, without regard to an
individual’s race, color, religion, sex, sexual orientation, national origin,
marital status, age, disability, political affiliation or other nonjob related factors, with proper regard for an
individual’s privacy. Nothing in this subsection shall be construed to enlarge
or diminish the obligation of the state or the rights of employees concerning
claims of employment discrimination as prescribed by applicable state and
federal employment discrimination laws.
(2)
The Oregon Department of Administrative Services shall establish procedures to
provide for statewide open recruitment and selection for classifications that
are common to state agencies. The procedures shall include adequate public
notice, affirmative action to seek out underutilized members of protected
minorities, and job related testing. The department may delegate to individual
operating agencies the responsibility for recruitment and selection of
classifications where appropriate.
(3)
Competition for appropriate positions may be limited to facilitate employment
of those with a substantial disability or who are economically disadvantaged,
or for purposes of implementing a specified affirmative action program.
(4)
Appointments to positions in state service shall be made on the basis of
qualifications and merit by selection from eligible lists established by the
department or a delegated operating agency.
(5)(a)
Noncompetitive selection and appointment procedures may be used for unskilled
or semiskilled positions, or where job related ranking measures are not
practical or appropriate.
(b)
Noncompetitive selection and appointment or direct appointment also may be used
by agency appointing authorities to fill positions that:
(A)
Require special or unique skills such as expert professional level or executive
positions; or
(B)
Have critical timing requirements affecting recruitment.
(6)
Minimum qualifications and performance requirements and duties of a
classification may be appropriately modified to permit the appointment and
promotion of trainees to positions normally filled at full proficiency level.
(7)
The department or delegated agencies shall establish systems to provide opportunities
for promotion through meritorious service, training, education and career
development assignments. The department shall certify to the eligibility of
persons selected for promotion or delegate that responsibility to operating
agencies in appropriate situations. Provision shall be made to bring persons
into state service through open competition at higher levels when the
competition provides abilities not available among existing employees, enrich
state service or contribute to improved employment opportunity for
underrepresented groups. [1979 c.468 §20; 1985 c.635 §1; 1989 c.224 §28; 1997
c.51 §1; 2007 c.100 §22]
240.307 Procedure for enforcement of ORS
240.309; rules. (1) Any complaint alleging
violation of ORS 240.309 shall be filed with the Employment Relations Board.
(2)
Any employee may file a complaint with the board alleging violation of ORS
240.309.
(3)
If the employee makes a prima facie case showing that the employer has violated
ORS 240.309, then the burden of rebutting the prima facie case is on the
employer.
(4)(a)
Any employer found to be in violation of ORS 240.309 by the board may be
required to pay any affected employee damages for any loss of wages, benefits
and rights. The board may also require the agency to discontinue the improper
practices.
(b)
Any award granted to an affected employee by the board shall be in addition to
any penalty imposed under ORS 240.990.
(5)
Subject to the requirements of ORS 183.452, the state agency need not be
represented by legal counsel in these proceedings before the Employment
Relations Board. The board may adopt, by rule, special informal proceedings to
review these matters and may, in its discretion, rely on any grievance
procedure records developed by the state agency. If the board adopts a rule
under this subsection, the employer shall not be required to comply with ORS
183.452 (2)(b) for hearings conducted under the board rule. Any court review of
the board’s decision under this section shall give special deference to the
informality of the proceedings in reviewing the sufficiency of the record. [1990
c.3 §3; 1999 c.448 §7]
240.309 Temporary appointments;
limitations; duration; extension; periodic reports; post-audit review; investigation;
exceptions. (1) Temporary employment shall be used
for the purpose of meeting emergency, nonrecurring or short-term workload needs
of the state.
(2)
A temporary employee may be given a nonstatus
appointment without open competition and consideration only for the purposes
enumerated in this section. Temporary appointments shall not be used to defeat
the open competition and consideration system.
(3)
A temporary employee may not be employed in a permanent, seasonal, intermittent
or limited duration position except to replace an employee during an approved
leave period.
(4)
Employment of a temporary employee for the same workload need, other than for
leave, may not exceed six calendar months. The decision to extend the period of
employment may be delegated by the Personnel Division of the Oregon Department
of Administrative Services to other state agencies. Approval to extend shall be
allowed only upon an appointing authority’s finding that the original emergency
continues to exist and that there is no other reasonable means to meet the
emergency. Agency actions under this subsection are subject to post-audit
review by the Oregon Department of Administrative Services as provided in ORS
240.311.
(5)
Employment of a temporary employee for different workload needs shall not
exceed the equivalent of six calendar months in a 12-month period.
(6)
A temporary employee shall not be denied permanent work because of the
temporary status. Temporary service shall not be used as any portion of a
required trial service period.
(7)
The Personnel Division of the Oregon Department of Administrative Services
shall report the use of temporary employees, by agency, once every six months,
including the duration and reason for use or extensions, if any, of temporary
appointments. The reports shall be made available upon request to interested
parties, including employee organizations. If any interested party alleges
misuse of temporary employees, the division shall investigate, report its
findings and take appropriate action.
(8)
The Department of Justice may use temporary status appointments for student law
clerks for a period not to exceed 24 months.
(9)
The chief administrative law judge of the Office of Administrative Hearings may
use temporary status appointments for student law clerks for a period not to
exceed 24 months. Student law clerks appointed under this subsection may not
act as administrative law judges or conduct hearings for the Office of
Administrative Hearings.
(10)
The Public Utility Commission may use temporary status appointments for student
law clerks for a period not to exceed 24 months.
(11)
A state agency may use temporary status appointments for a period not to exceed
48 months for student interns who are enrolled in high school or who are under
19 years of age and are training to receive a General Educational Development
(GED) certificate. Student interns are not eligible for benefits under ORS
243.105 to 243.285. [1985 c.635 §3; 1990 c.3 §1; 1993 c.98 §5; 1993 c.724 §12;
2001 c.312 §1; 2003 c.75 §20; 2009 c.177 §1]
240.310
[Amended by 1969 c.80 §56; 1975 c.427 §6; repealed by 1979 c.468 §1]
240.311 Delegation of authority and
responsibility by division; post-audit review.
(1) Delegations of authority and responsibility to operating agencies shall be
subject to appropriate post-audit review by the Personnel Division.
(2)
Controversies between operating agencies and the division arising from
post-audit reviews shall be resolved by the Director of the Oregon Department
of Administrative Services. [1979 c.468 §22]
240.315
[Amended by 1969 c.80 §57; 1975 c.427 §7; repealed by 1979 c.468 §1]
240.316 Trial service; regular status;
procedures for transfer, demotion and separation of employees.
(1)(a) Persons initially appointed to or promoted to a permanent or seasonal
position in state service shall be subject to a trial service period.
(b)
An appointing authority has the discretion to subject an employee to a trial
service period when:
(A)
A management service employee or a classified, unrepresented employee transfers
to a different agency;
(B)
A management service employee or a classified, unrepresented employee transfers
back to the same agency after an absence of more than one year;
(C)
A former management service employee or former classified, unrepresented
employee is reemployed by the same agency after an absence of more than one
year; or
(D)
A former management service employee or former classified, unrepresented
employee is reemployed by a different agency.
(c)
Any employee who serves the trial service period designated by the Personnel Division
or a delegated operating agency for a given classification or as described in
paragraph (b) of this subsection shall be given regular employee status.
(2)
Employees who have acquired regular status will not be subject to separation
except for cause as defined by ORS 240.555 or lack of work, curtailment of
funds, or reorganization requiring a reduction in force.
(3)
Procedures shall be established by the division to provide for the layoff and
opportunity for reemployment of employees separated for reasons other than
cause, which shall take into account the needs of the service, qualifications,
quality of performance, relative merit and length of service.
(4)
Procedures shall also be established by the division for the transfer,
discipline or demotion of employees for the good of the service or separation
of employees whose conduct or performance continues to be improper or
inadequate after reasonable attempts have been made to correct it, where
appropriate. [1979 c.468 §23; 1981 c.155 §1; 1989 c.134 §1; 1989 c.890 §11]
240.320
[Amended by 1969 c.80 §58; repealed by 1979 c.468 §1]
240.321 Collective bargaining; effect of
collective bargaining agreements on personnel rules; grievance procedures.
(1) All collective bargaining between the state and its agencies and any
certified or recognized exclusive employee representative of classified
employees shall be under the direction and supervision of the Director of the
Oregon Department of Administrative Services.
(2)
Notwithstanding any of the provisions of ORS 240.235, 240.306, 240.316, 240.430
and 240.551, employees of state agencies who are in certified or recognized
appropriate bargaining units shall have all aspects of their wages, hours and
other terms and conditions of employment determined by collective bargaining
agreements between the state and its agencies and the exclusive employee
representatives of such employees pursuant to the provisions of ORS 243.650 to
243.762, except with regard to the recruitment and selection of applicants for
initial appointment to state service.
(3)
The provisions of rules adopted by the Oregon Department of Administrative
Services, the subjects of which are incorporated into collective bargaining
agreements, shall not be applicable to employees within appropriate bargaining
units covered by such agreements.
(4)
The department shall ensure the speedy resolution of employee grievances by
adopting a grievance procedure resulting in a final employer determination
within 60 days of the filing of a written grievance, with appeal thereafter to
the Employment Relations Board, the Civil Rights Division of the Bureau of
Labor and Industries, or other appropriate review agency. Employees in
collective bargaining units shall have their grievances resolved as provided
for by the collective bargaining agreement. [1979 c.468 §24; 1997 c.23 §1]
240.325
[Amended by 1969 c.80 §59; repealed by 1979 c.468 §1]
240.330
[Amended by 1969 c.80 §60; repealed by 1979 c.468 §1]
240.335
[Repealed by 1979 c.468 §1]
240.340
[Amended by 1959 c.689 §5; 1959 c.694 §1; 1969 c.80 §61; 1973 c.189 §1; 1973
c.827 §23; 1975 c.427 §8; 1979 c.861 §7; repealed by 1979 c.468 §1]
240.345
[Amended by 1969 c.80 §62; repealed by 1979 c.468 §1]
240.350
[Amended by 1969 c.80 §63; repealed by 1979 c.468 §1]
240.355
[Amended by 1969 c.80 §64; 1971 c.695 §3; 1975 c.325 §1; repealed by 1979 c.468
§1]
240.360
[Amended by 1955 c.140 §1; 1969 c.80 §65; 1975 c.427 §9; repealed by 1979 c.468
§1]
240.365
[Amended by 1969 c.80 §66; 1969 c.347 §1; 1975 c.427 §10; repealed by 1979
c.468 §37]
240.370
[Amended by 1971 c.696 §1; repealed by 1979 c.468 §1]
240.375
[Amended by 1959 c.375 §1; 1969 c.80 §67; repealed by 1979 c.468 §1]
240.379 [1981
c.557 §2; 1987 c.743 §1; 1989 c.224 §29; repealed by 1997 c.221 §1]
240.380
[Amended by 1971 c.695 §6; repealed by 1979 c.468 §1]
240.384 [1981
c.557 §3; 1989 c.224 §30; repealed by 1997 c.221 §1]
240.385
[Repealed by 1971 c.695 §10]
240.387 [1971
c.697 §2; repealed by 1979 c.468 §1]
240.390
[Repealed by 1979 c.468 §1]
240.391 [1979
c.217 §2; 1987 c.743 §2; 1989 c.224 §31; 1991 c.402 §2; 1993 c.9 §1; repealed
by 2005 c.45 §1]
240.392 [1979
c.217 §3; 1989 c.224 §32; repealed by 1997 c.221 §1]
240.393 [1979
c.217 §4; 1981 c.557 §4; 1989 c.224 §33; repealed by 1997 c.221 §1]
240.394 [1979
c.217 §5; 1983 c.740 §63; 1989 c.224 §34; repealed by 1997 c.221 §1]
240.395 Suspension of merit system in emergencies;
reinstatement. (1) In the event of emergency or
abnormal employment conditions due to disaster, national defense, war or
conflict in which the Armed Forces of the United States are participating and
because of which Oregon citizens are subject to induction into the Armed
Forces, if a critical shortage of persons available and employable to fill
positions and discharge duties in the classified service results, and the
Personnel Division so finds and the Governor so certifies, the examination,
certification and appointment procedures required by law shall be suspended for
the duration of the emergency as to all or any classes of positions in which
there is a shortage of employees.
(2)
When the division determines that the emergency or abnormal condition no longer
exists, and the Governor so certifies, the regular examination, certification
and employment procedures shall be reestablished. Temporary appointments made
with the approval of the division during the emergency period shall terminate
90 days after the date of establishment of eligible lists for positions to
which temporary appointments have been made. [Amended by 1969 c.80 §68]
240.400 Designation by appointing
authority of staff employees to act as alternates.
An appointing authority may file in writing with the Personnel Division names
of staff employees to act in the name of the appointing authority and to
perform any act or duty of the appointing authority authorized under the
provisions of this chapter. [1971 c.695 §5; 1979 c.468 §14]
240.405
[Amended by 1961 c.647 §1; 1963 c.185 §1; 1969 c.80 §69; 1969 c.346 §1;
repealed by 1979 c.468 §1]
EMPLOYER-REQUESTED INTERVIEWS
240.406 Right of unclassified or exempt
employee to be accompanied to employer-requested interview.
An employee in the state service employed in an unclassified or exempt position
who is not a confidential employee, managerial employee or supervisory
employee, as defined in ORS 243.650, and who is not represented by an exclusive
representative as defined in ORS 243.650 may be accompanied by an individual
selected by the employee to be present during any interview with the employee
requested by the appointing authority, manager or supervisor of the employee. [2011
c.687 §6]
REMOVAL DURING TRIAL SERVICE; SEASONAL
EMPLOYEES; MERIT RATINGS
240.410 Removals during trial period.
At any time during the trial service period, the appointing authority may
remove an employee if, in the opinion of the appointing authority, the trial
service indicates that such employee is unable or unwilling to perform duties
satisfactorily or that the habits and dependability of the employee do not merit
continuance in the service. [Amended by 1979 c.468 §15]
240.415
[Repealed by 1979 c.468 §1]
240.420
[Repealed by 1961 c.646 §1]
240.425 Regular seasonal employees.
Positions which occur, terminate and recur periodically and regularly
regardless of the duration thereof shall be designated by rule, policy or
procedure of the Personnel Division as seasonal positions. An employee who
satisfactorily serves in a seasonal position the trial service period
designated by the division or a delegated operating agency for the
classification to which the seasonal position is allocated is entitled to
permanent status as a regular seasonal employee. [Amended by 1969 c.80 §70;
1981 c.156 §1]
240.430 Merit ratings.
In cooperation with appointing authorities, the Personnel Division shall
establish a system of merit ratings to determine the quality of performance and
relative merit of employees in the classified service. [Amended by 1969 c.80 §71;
1979 c.468 §16]
STATE MANAGEMENT CREDENTIALS PROGRAM
240.435 State Management Credentials Program
required; purpose. The Oregon Department of
Administrative Services shall establish a state management credentials program
for state agency managers and employees on a career track to become agency
managers. The state management credentials program shall include training
opportunities for agency employees and training requirements for existing
agency managers. The purpose of the state management credentials program is to
insure that agency managers have the necessary training and skills to be
effective leaders and team builders and to provide training in management
skills as part of a professional development program for nonmanagement
agency employees. To that end, the department shall:
(1)
Identify necessary job skills for state managers, including team-building
skills;
(2)
Identify skills and training needs for state managers to meet workplace
requirements in the future;
(3)
Identify incentives for employees to participate in the program; and
(4)
Identify continuing education resources in the public sector and through
in-service training to implement the state management credentials program. [1993
c.724 §13a(1)]
Note:
240.435 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 240 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
240.505
[Repealed by 1979 c.468 §1]
240.510
[Amended by 1963 c.199 §3; 1969 c.80 §72; repealed by 1979 c.468 §1]
240.515
[Amended by 1953 c.353 §2; 1961 c.450 §1; 1969 c.80 §73; 1973 c.471 §1;
repealed by 1979 c.468 §1]
240.520
[Amended by 1969 c.80 §74; repealed by 1979 c.468 §1]
240.525
[Repealed by 1979 c.468 §1]
240.530
[Repealed by 1979 c.468 §1]
240.535
[Amended by 1969 c.80 §75; repealed by 1979 c.468 §1]
240.540
[Amended by 1969 c.80 §76; repealed by 1979 c.468 §1]
240.545
[Repealed by 1979 c.468 §1]
WORKING HOURS, LEAVES, DISCIPLINE,
REEMPLOYMENT
240.546 Payments in lieu of sick leave with
pay; rules; exclusions. The Personnel Division may adopt
rules, policies and procedures for state agencies to provide employees in the
classified and unclassified service with payments on account of sickness in
lieu of accrued and any future sick leave with pay. The Legislative Assembly,
state courts and Department of Education may similarly adopt rules, policies
and procedures providing unclassified employees with such payments. Payments on
account of sickness may be made directly or from an insured plan, but the
payments may not include medical treatment, hospitalization, dental or eye or
other health care or duplicate any group insurance coverage otherwise provided
in whole or in part by employer contributions. [1981 c.567 §9; 1995 c.612 §15;
2005 c.751 §3]
240.550
[Repealed by 1979 c.468 §1]
240.551 Working hours, holidays, leaves of
absence and vacations of employees in state classified service.
The Personnel Division shall establish the hours of work, holidays, leaves of
absence with and without pay and vacations of employees in the state classified
service. The division may delegate this responsibility to individual operating
agencies where appropriate. [1979 c.468 §21]
240.555 Suspension, reduction, demotion or
dismissal. The appointing authority in any
division of the service may suspend, reduce, demote or dismiss an employee
thereof for misconduct, inefficiency, incompetence, insubordination, indolence,
malfeasance or other unfitness to render effective service. [Amended by 1969
c.80 §77; 1975 c.427 §11; 1979 c.468 §17]
240.560 Appeal procedure.
(1) A regular employee who is reduced, dismissed, suspended or demoted, shall
have the right to appeal to the Employment Relations Board not later than 30
days after the effective date of the reduction, dismissal, suspension or demotion.
The appeal must be in writing. The appeal is timely if it is received by the
board or postmarked, if mailed postpaid and properly addressed, not later than
30 days after the effective date of the reduction, dismissal, suspension or
demotion. The board shall hear the appeal within 30 days after the board
receives the appeal, unless the parties to the hearing agree to a postponement.
The board shall furnish the division of the service concerned with a copy of
the appeal in advance of the hearing.
(2)
The hearing shall be conducted as provided for a contested case in ORS chapter
183.
(3)
If the board finds that the action complained of was taken by the appointing
authority for any political, religious or racial reasons, or because of sex,
marital status or age, the employee shall be reinstated to the position and
shall not suffer any loss in pay.
(4)
In all other cases, if the board finds that the action was not taken in good
faith for cause, it shall order the immediate reinstatement and the reemployment
of the employee in the position without the loss of pay. In lieu of affirming
the action, the board may modify the action by directing a suspension without
pay for a given period, and a subsequent restoration to duty, or a demotion in
classification, grade or pay. The findings and order of the board shall be
certified in writing to the appointing authority and shall be forthwith put
into effect by the appointing authority. [Amended by 1957 c.205 §1; 1959 c.689 §6;
1969 c.80 §78; 1971 c.734 §35; 1975 c.427 §12; 1977 c.400 §1; 1977 c.770 §6;
1993 c.778 §24; 2003 c.213 §1]
240.563 Judicial review.
Judicial review of orders under ORS 240.560 shall be as provided in ORS chapter
183. [1971 c.734 §31]
240.565
[Amended by 1969 c.80 §79; repealed by 1979 c.468 §1]
240.570 Classified employee filling
position in unclassified, exempt or management service.
(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.
(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. [1955 c.738 §6; 1979 c.468 §18; 1981 c.409 §4; 1985 c.121 §3; 1987
c.269 §1; 2005 c.766 §1]
240.572 [1977
c.271 §3; repealed by 1979 c.468 §1]
240.575 [1971
c.542 §2; repealed by 1979 c.468 §1]
240.580 Service credits for service in
unclassified service. An employee who is initially
appointed to a position in the unclassified service as a member of the Oregon
State Police under ORS 181.250, who separates voluntarily from that service and
who, within two years after the separation, is appointed to a position in the
classified service, whether within a bargaining unit covered by a collective
bargaining agreement or not, and acquires regular employee status shall be
entitled, for purposes of layoff and opportunity for reemployment after
separation for reasons other than cause, to service credit for the service in
the unclassified service preceding the service in the classified service. ORS
240.321 (3) does not apply to service credit granted under this section. [1983
c.746 §2; 2011 c.547 §41]
240.590 Reemployment of employee in exempt
service. An employee in the exempt service who
has been employed full-time for at least 12 months consecutively in such
service may be noncompetitively reemployed in a position for which qualified
within two years from the date of separation, if separated from state service
in good standing. However, such reemployment shall occur only after current
bargaining unit members have exhausted any rights under an applicable
collective bargaining agreement. [1985 c.635 §5]
MEDIATION FEE
240.610 Mediation service fee;
interest-based problem solving training fee; amount; payment; disposition of
fees. (1) Notwithstanding ORS 662.435, when
the Employment Relations Board assigns a mediator under ORS 243.712 or 662.425
to resolve a labor dispute or labor controversy between a local public employer
and the exclusive representative of the public employees of that employer, the
board may charge a fee for the mediation services provided by the board. The
local public employer and the exclusive representative shall each pay one-half
of the amount of the fee to the board.
(2)
Notwithstanding any other law, the fee charged by the board under this section
may not exceed:
(a)
$1,000 for the first two mediation sessions;
(b)
$500 for the third mediation session;
(c)
$750 for the fourth mediation session; and
(d)
$1,000 for each additional mediation session.
(3)
Notwithstanding any other law, in addition to fees for mediation services, the
board may establish fees for training in interest-based problem solving. The
fees are not subject to the provisions of subsection (2) of this section.
(4)
Fees received by the board under this section shall be deposited to the credit
of the Employment Relations Board Administrative Account.
(5)
As used in this section:
(a)
“Exclusive representative” and “labor dispute” have the meanings given those
terms in ORS 243.650.
(b)
“Local public employer” means any political subdivision in this state,
including a city, county, community college, school district, special district
and a public and quasi-public corporation. [1993 c.711 §2; 1995 c.79 §84; 1995
c.448 §1; 2007 c.296 §7; 2011 c.593 §1]
240.705
[Repealed by 1967 c.630 §5]
PROHIBITED CONDUCT
240.710 Certain acts unlawful.
(1) No person shall make any false statement, certificate, mark, rating or
report with regard to any test, certification, or appointment made under this
chapter, or in any manner commit or attempt to commit any fraud preventing the
impartial execution of this chapter and the rules.
(2)
No person shall, directly or indirectly, give, render, pay, offer, solicit or
accept any money, service or other valuable consideration for or on account of
any appointment, proposed appointment, promotion or proposed promotion to, or
any advantage in, a position in the classified service.
(3)
No employee of the Personnel Division, examiner or other person shall defeat,
deceive or obstruct any person in the right of the person to examination,
eligibility, certification or appointment under this chapter, or furnish to any
person any special or secret information for the purpose of affecting the
rights or prospects of any person with respect to employment in the classified
service. [Amended by 1969 c.80 §80]
240.740 [1983
c.808 §2; repealed by 1989 c.890 §12]
240.750 When discipline action not to be retained
in personnel file. No copy of a personnel
discipline action that has been communicated orally or in writing to the
employee and subsequently reduced in severity or eliminated through collective
bargaining, grievance or personnel process shall be placed or otherwise
retained in the personnel file of the employee unless agreed to by the employer
and the employee. [1985 c.813 §2]
Note:
240.750 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 240 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
MISCELLANEOUS
240.850 Policy on work environments;
duties of state agencies. It is the policy of the State of
Oregon to encourage cooperative, participatory work environments and team-based
management practices in all state agencies. To that end, when feasible and
appropriate, state agencies shall:
(1)
Delegate responsibility for decision-making and service delivery to the lowest
possible level;
(2)
Involve all workers, especially frontline workers, in the development and
design of processes and program improvements;
(3)
Simplify and eliminate internal administrative rules and policies that unduly
impede the attainment of the agency’s mission and delivery of services;
(4)
Eliminate layers of organizational hierarchies;
(5)
Envision state government as a high performance organization in which training
and technology are viewed as an investment in the workforce; and
(6)
Promote continuous improvement of state services through the involvement of all
workers in process design and performance-based outcome development. [1993
c.724 §13b]
Note:
240.850 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 240 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
240.855 Telecommuting; state policy;
agencies to adopt written policies; biennial report.
(1) As used in this section:
(a)
“State agency” means any state office, department, division, bureau, board and
commission, whether in the executive, legislative or judicial branch.
(b)
“Telecommute” means to work from the employee’s home or from an office near the
employee’s home, rather than from the principal place of employment.
(2)
It is the policy of the State of Oregon to encourage state agencies to allow
employees to telecommute when there are opportunities for improved employee
performance, reduced commuting miles or agency savings.
(3)
Each state agency shall adopt a written policy that:
(a)
Defines specific criteria and procedures for telecommuting;
(b)
Is applied consistently throughout the agency; and
(c)
Requires the agency, in exercising its discretion, to consider an employee
request to telecommute in relation to the agency’s operating and customer
needs.
(4)
Each state agency that has an electronic bulletin board, home page or similar
means of communication shall post the policy adopted under subsection (3) of
this section on the bulletin board, home page or similar site.
(5)
The Oregon Department of Administrative Services, in consultation with the
State Department of Energy, shall provide a biennial report to the Joint
Committee on Technology, or a similar committee of the Legislative Assembly,
containing at least the following:
(a)
The number of employees telecommuting;
(b)
The number of trips, miles and hours of travel time saved annually;
(c)
A summary of efforts made by the state agency to promote and encourage
telecommuting;
(d)
An evaluation of the effectiveness of efforts to encourage employees to
telecommute; and
(e)
Such other matters as may be requested by the committee. [Formerly 283.550]
Note:
240.855 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 240 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
PENALTIES
240.990 Penalties.
(1) Subject to ORS 153.022, any person who willfully violates any provision of
this chapter or of the rules thereunder commits a
Class A misdemeanor.
(2)
Any person who fails to appear in response to a subpoena or to answer any
question or produce any books or papers pertinent to any investigation or
hearing authorized by this chapter commits a Class A misdemeanor.
(3)
A state officer or employee who fails to comply with any provision of this
chapter or of any rule, regulation or order thereunder
is subject to all penalties and remedies provided by law for failure of a
public officer or employee to do an act required of a public officer or
employee by law.
(4)
Any person who is convicted of a Class A misdemeanor under this chapter shall,
for a period of five years, be ineligible for appointment to or employment in a
position in the state service, and if the person is an officer or employee of
the state, shall be deemed guilty of malfeasance in office and shall be subject
to forfeit of the office or position. [Amended by 1999 c.1051 §301; 2011 c.597 §172]
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