US Laws, Codes, Statutes & Cases

Chapter 242 — Civil Service for City or School District Employees and Firefighters

 

2007 EDITION

 

CIVIL SERVICE FOR LOCAL EMPLOYEES

 

PUBLIC OFFICERS AND EMPLOYEES

 

CIVIL SERVICE FOR EMPLOYEES OF DISTRICT ANNEXED BY CITY

 

242.050     Civil service for employees of certain districts after annexation

 

CIVIL SERVICE FOR CUSTODIANS IN SCHOOL DISTRICTS OF 300,000 OR MORE

 

242.310     Short title

 

242.320     Definitions for ORS 242.310 to 242.640

 

242.330     Civil service board

 

242.340     Qualifications of commissioners

 

242.350     Terms and compensation of commissioners

 

242.360     Removal and vacancies

 

242.370     Secretary; duties; salary

 

242.380     Offices and clerical help

 

242.390     Rules

 

242.400     Annual report; roster of employees

 

242.410     Records preserved; open to public

 

242.420     Investigations; oaths; subpoenas; examination of books, papers and records

 

242.510     Classified service

 

242.520     Merit system to be observed

 

242.530     Competitive examinations; examiners

 

242.540     Character of examinations

 

242.550     Fitness for appointment; board approval

 

242.560     Register of eligible candidates; ranking; rules

 

242.570     Certification of candidates for vacancies; rules

 

242.580     Probation

 

242.590     Permanent appointments

 

242.600     Emergency appointments

 

242.610     Suspension; reappointment

 

242.620     Dismissal

 

242.630     Investigation; findings; appeal

 

242.635     Board approval necessary for eligibility after dismissal; requirements for approval

 

242.640     Prohibited conduct

 

CIVIL SERVICE FOR FIREFIGHTERS

 

(Generally)

 

242.702     Definitions for ORS 242.702 to 242.824

 

242.704     Political subdivisions and positions to which ORS 242.702 to 242.824 apply

 

(Civil Service Commission)

 

242.706     Civil service commission; members; term of office; compensation

 

242.708     Qualifications of commissioners

 

242.710     Removal of commissioners

 

242.712     Chairperson of commission; meetings; quorum

 

242.714     Preparation of budget; appropriations

 

242.716     Chief examiner and secretary of commission

 

242.718     Offices and clerical help for commission

 

242.720     Officers of political subdivision to assist commission

 

242.722     Preservation of records and examinations; public records

 

242.724     Rules of commission; examinations

 

(Investigations; Hearings; Actions)

 

242.726     Investigation by commission of abuses; report of investigation

 

242.728     Administering oaths; compelling attendance of witnesses and production of documents; depositions of witnesses

 

242.730     Witness fees

 

242.732     Procedure in hearings before commission; rules of evidence

 

242.734     Action to secure compliance with ORS 242.702 to 242.824

 

(Payroll)

 

242.736     Commission certification of payroll required

 

242.738     Payments to persons not certified by commission prohibited

 

(Civil Service Positions)

 

242.752     Basis of appointment and promotion; creation of positions; fixing compensation

 

242.754     Classification of positions

 

242.756     Effect on incumbent when position first becomes subject to civil service

 

(Examinations)

 

242.758     Examinations

 

242.760     Qualifications for admission to examination

 

242.762     Promotional examinations

 

(Appointment of Candidates)

 

242.764     Entrance and promotion register

 

242.766     Appointment or rejection of certified candidates by appointing power; probation; discharge; demotion

 

242.768     Permanent and temporary appointments; rules

 

242.770     Vacancies

 

242.772     Report of appointing power to commission

 

(Miscellaneous)

 

242.774     Civil service roster

 

242.792     Leave of absence

 

242.794     Transfer or reinstatement

 

(Discipline)

 

242.796     Grounds for dismissal, demotion, suspension or deprivation of special privileges

 

242.798     Dismissal, demotion, suspension or deprivation of special privileges only for cause; written accusation

 

242.800     Investigation and hearing upon demand of accused; right to counsel

 

242.802     Findings of commission

 

242.804     Appeal from finding of commission; issue on appeal limited

 

(Prohibited Conduct)

 

242.822     Prohibited conduct generally

 

(Contributions or Services for Political or Religious Purposes)

 

242.824     Contribution to political or religious funds or performance of political service

 

PENALTIES

 

242.990     Penalties

 

      242.010 [Repealed by 1959 c.252 §46]

 

      242.020 [Repealed by 1959 c.252 §46]

 

      242.030 [Repealed by 1959 c.252 §46]

      242.040 [Repealed by 1959 c.252 §46]

 

CIVIL SERVICE FOR EMPLOYEES OF DISTRICT ANNEXED BY CITY

 

      242.050 Civil service for employees of certain districts after annexation. Whenever any

rural fire protection, water or sanitary district becomes partially or wholly absorbed into a city

which operates under a system of civil service for its employees, notwithstanding the civil service provisions of law or such city’s charter, the governing body of the city may, at its option, provide for inclusion of any or all the employees of the district as employees of the city under its civil service system with or without civil service examinations, in a manner determined by the exercise of the sound discretion of the governing body.

 

CIVIL SERVICE FOR CUSTODIANS IN SCHOOL DISTRICTS OF 300,000 OR MORE

 

      242.310 Short title. ORS 242.310 to 242.640 and 242.990 (1) shall be known as the Custodians’ Civil Service Law.

 

      242.320 Definitions for ORS 242.310 to 242.640. As used in ORS 242.310 to 242.640, unless the context requires otherwise:

      (1) “Assistant custodian” means any employee who works under the supervision of a custodian except those who:

      (a) Work less than eight hours per day; or

      (b) Work less than 12 months per year; or

      (c) Receive an hourly rate of pay.

      (2) “Board” means a civil service board created pursuant to ORS 242.330.

      (3) “Custodian” means an employee of the school district who has supervision of property, keeping it in sanitary condition and tending to the cleaning and operation of heating plants and other necessary work by way of care and labor to keep the physical plants of the school board in maintenance and operation. [Amended by 1969 c.262 §1]

 

      242.330 Civil service board. (1) In all school districts having a population of 300,000 or more persons according to the last federal census, there is created a civil service board with jurisdiction over the appointment, employment, classification and discharge of custodians and assistant custodians in the employ of the school district.

      (2) The board shall be composed of three commissioners. An alternate for each commissioner may be appointed to serve in the commissioner’s absence. The commissioners and alternates shall be appointed by the school board of the district. [Amended by 1969 c.262 §2; 1975 c.770 §42; 1979 c.738 §1]

 

      242.340 Qualifications of commissioners. To be eligible for appointment to the board, a commissioner shall:

      (1) Be an elector of the school district.

      (2) Be a resident of the school district for at least five years immediately preceding appointment.

      (3) Be known to be devoted to the principles of civil service.

      (4) Not be a member or employee of the school board.

 

      242.350 Terms and compensation of commissioners. (1) Initial appointments of the commissioners shall be as follows: One for two years, one for four years and one for six years. Thereafter each appointment shall be for a term of six years.

      (2) The commissioners shall serve without compensation.

 

      242.360 Removal and vacancies. (1) The school board may remove any commissioner for just cause at any time.

      (2) In the event of removal or of a vacancy caused by death or resignation, the vacancy shall be filled by the school board within 10 days from the time of the vacancy. Such appointment shall be for the unexpired term of the commissioner whose place is vacated.

 

      242.370 Secretary; duties; salary. The civil service board shall appoint a secretary, who shall keep a record of its proceedings, preserve all reports made to it, superintend and keep a record of all examinations held under its direction and perform such other duties as it may prescribe. The secretary shall hold office during the pleasure of the board, and shall receive a salary of not less than $50 per month, to be paid by the school district.

 

      242.380 Offices and clerical help. The school board shall provide the civil service board with suitable and convenient rooms and accommodations and cause the same to be furnished, heated, lighted and supplied with all office supplies and equipment necessary to carry on the business of the board. The school board also shall provide the civil service board with such other clerical assistance as may be necessary.

 

      242.390 Rules. The civil service board may make appropriate rules and regulations to carry out the provisions of the Custodians’ Civil Service Law. The rules shall provide in detail the manner in which examinations are to be held and appointments and removals made. The board may, from time to time, change its rules. Any rules or regulations shall be printed for distribution by the board, and 10 days’ notice of same must be given by publication in a daily newspaper printed in the district not less than 10 days before the rules or regulations go into effect.

 

      242.400 Annual report; roster of employees. The board shall, on or before January 1 of each year, make a report to the school board of the district, showing its rules in force and the practical effect thereof, and any suggestions it may have for a more effective accomplishment of classified civil service. The board shall also provide a roster for all employees under the Custodians’ Civil Service Law and make such other reports and recommendations as it deems advisable.

 

      242.410 Records preserved; open to public. The board shall keep on file all examination papers and markings thereof for a period of at least five years and all other papers and documents and communications received by it. All records shall be public and, as such, accessible at convenient times.

 

      242.420 Investigations; oaths; subpoenas; examination of books, papers and records. The board may make any appropriate investigation to carry out the purposes of the Custodians’ Civil Service Law. In connection therewith, any member of the board may administer oaths, issue subpoenas to witnesses and compel their attendance at examinations, and examine books, papers and records and compel their production by witnesses in the same manner as if the subpoenas had been issued from a court of record in this state.

 

      242.510 Classified service. The civil service board shall classify, with relation to the character of work and the compensation attached thereto, all positions in the service of the school board within the district including those under the supervision of a custodian except those described in ORS 242.320 (1)(a), (b) or (c). The positions so classified shall constitute the classified civil service of the school district. [Amended by 1979 c.738 §2]

 

      242.520 Merit system to be observed. (1) No appointment or promotion to any position shall be made except as provided in the Custodians’ Civil Service Law. All appointments to beginning employment positions in the classified civil service shall be made according to fitness, to be ascertained by open competitive examinations. All promotions in the classified civil service shall be made according to merit in service, fidelity in service and seniority in service.

      (2) No person shall be appointed or employed by a school board under any title not appropriate to the duties to be performed.

      (3) The appointing authority shall immediately notify the board of any appointment or discharge. [Amended by 1969 c.262 §3]

 

      242.530 Competitive examinations; examiners. The board shall, from time to time, hold public competitive examinations to ascertain the fitness of applicants for beginning employment positions of the classified civil service. The board shall control those examinations and may designate any person to act as examiner without compensation. [Amended by 1969 c.262 §4]

 

      242.540 Character of examinations. Examinations shall be practical in character and relate only to those matters which test the relative fitness of the persons examined to discharge the duties for the respective positions for which they are applicants. The examinations shall include a test for physical qualifications, health and manual or professional skill. Nothing relating to an applicant’s political or religious opinion or affiliation shall be asked or given.

 

      242.550 Fitness for appointment; board approval. The civil service board may require an applicant for a custodial position to furnish evidence satisfactory to the board of good character, mental and physical health, and such other evidence as it may deem necessary to establish the applicant’s fitness, including any information concerning a criminal conviction for a crime involving the possession, use, sale or distribution of a controlled substance, sexual misconduct listed in ORS 342.143 (3), theft or a crime of violence. The board shall not approve the employment of any applicant unless the board is satisfied that the applicant poses no danger to school children. [Amended by 1969 c.262 §5; 1979 c.738 §3; 1979 c.744 §11]

 

      242.560 Register of eligible candidates; ranking; rules. (1) The board shall prepare and keep a register for each grade or class of positions of the persons whose average standing, upon examination for such grade or class, is not less than the minimum fixed by the rules of the board, and who otherwise are eligible. Such persons shall take rank upon the register as candidates for beginning employment positions in order of their relative excellence, as determined by the examination. Candidates of equal standing shall take rank upon the register according to the order in which their applications are filed. The board may, by rule, provide for striking candidates from the register, after they have remained thereon for a specified time.

      (2) The board shall prepare and keep a register for each grade or class of positions of the persons eligible for promotion. Such register shall contain information concerning merit in service, fidelity in service and seniority in service. Such persons shall take rank upon the register as candidates for promotion in order of their relative excellence, as determined by merit in service, fidelity in service and seniority in service. Candidates of equal standing shall take rank upon the register according to the order in which their applications are filed. [Amended by 1969 c.262 §6]

 

      242.570 Certification of candidates for vacancies; rules. (1) Whenever there is a vacancy in any position in the classified civil service, the school board, or its designated representative, immediately shall notify the civil service board thereof.

      (2) The civil service board thereupon shall certify to the appointing authority the names and addresses of the three eligible candidates standing highest upon the register for the class or grade to which such position belongs. If there are fewer than three, the board shall certify all remaining candidates upon the register. When vacancies exist in two or more positions of the same class in the same department at the same time, the board may certify a smaller number than three candidates for each position, but those certified must be eligible candidates standing highest upon the register.

      (3) The board may, by rule, limit the number of times the same candidate is certified to the appointing authorities.

      (4) The appointing authority may require the candidates certified to come before the appointing authority for interview. When the candidates are applicants for beginning employment, the appointing authority shall be entitled to inspect their examination papers. [Amended by 1969 c.262 §7; 2005 c.22 §184]

 

      242.580 Probation. Each person appointed to a vacant position shall be on probation for a period of one year from the date of hire. Within that time the person may be discharged and another candidate appointed in like manner. [Amended by 1979 c.738 §4]

 

      242.590 Permanent appointments. (1) The appointing authority must make a permanent appointment from the list of candidates certified by the board, unless, upon reasons signed in writing by the appointing authority, the board consents to and certifies a new list of candidates. If a person on probation is not dismissed during the probationary period the appointment is deemed permanent.

      (2) All persons employed as custodians and assistant custodians in a school district on the date the Custodians’ Civil Service Law becomes effective as to such school district shall be permanent employees without examination and shall be so appointed by the board.

 

      242.600 Emergency appointments. In cases of emergency, to prevent delay or injury to the property of the school district or of the public business, the appointing authority may fill any position temporarily but not for longer than 30 days.

 

      242.610 Suspension; reappointment. Any appointing authority of the school district may suspend any person within the classified service for any cause for a period of not exceeding 30 days. If any employee in the classified service is suspended by reason of the closing of a school or lack of work to be done, the employee again shall be placed on the eligible list of the civil service board and shall have the first preference in the filling of any vacancy and shall be appointed according to seniority. If the school board opens any closed school, the employees employed in the building shall have first preference to their previous place of appointment.

 

      242.620 Dismissal. No employee in the classified civil service who has been permanently appointed, shall be dismissed except for cause. A written statement of the cause of dismissal, in general terms, shall be served upon the dismissed employee and a duplicate filed with the board. A dismissal may be made without any hearing but any employee so removed may, within 10 days thereafter, file with the board a written demand for investigation. If the demand alleges, or it otherwise appears to the board, that the discharge or removal was for political or religious reasons, or for reasons of age as described in ORS chapter 659A, or was because of personal favoritism or was not in good faith nor for the purpose of improving the public service, an investigation shall be held by the board or by persons appointed by them and under their direction. [Amended by 1959 c.689 §11; 1977 c.770 §10; 2001 c.621 §75]

 

      242.630 Investigation; findings; appeal. (1) The investigation pursuant to ORS 242.620 shall be confined to determining whether the dismissal was or was not for political or religious reasons, or because of reasons of age as described in ORS chapter 659A, or was not made in good faith for the purpose of improving public service.

      (2) If the board finds that the employee is entitled to reinstatement, it shall report its findings in writing to the school board, whereupon the employee shall be reinstated.

      (3) If the board finds that the employee was properly discharged, the employee shall have a right of appeal from the board’s decision to the circuit court for the county in which the district lies. Appeals shall be perfected by service of notice of appeal upon the secretaries of the civil service board and school board, together with a copy of the decision of the civil service board certified to be a correct copy by the secretary thereof, whereupon the same shall be filed with the clerk of the court. [Amended by 1959 c.689 §12; 1977 c.400 §3; 1977 c.770 §11; 1993 c.778 §26; 2001 c.621 §76]

 

      242.635 Board approval necessary for eligibility after dismissal; requirements for approval. An employee in the classified civil service who has been duly dismissed for cause shall not be eligible for examination for appointment without the approval of the civil service board. Approval shall not be granted unless the board on evidence presented by applicant finds that the condition resulting in dismissal has been corrected and is unlikely to recur. [1979 c.738 §6]

 

      242.640 Prohibited conduct. No person shall:

      (1) Willfully or corruptly or in cooperation with one or more persons, defeat, deceive or obstruct any person with respect to the right of the individual to examination or registration according to the regulations prescribed by the civil service board pursuant to the Custodians’ Civil Service Law.

      (2) Willfully or corruptly falsely mark, grade, estimate or report on an examination the proper standing of any person examined, registered or certified according to any regulation prescribed pursuant to the Custodians’ Civil Service Law, or aid in so doing.

      (3) Willfully or corruptly make any false representations concerning the examination, certification and registration or concerning the persons examined, registered or certified.

      (4) Willfully or corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified.

      (5) Permit any other person or permit or aid in any other manner, any other person to impersonate the individual in connection with any examination, registration or application, or request to be examined or registered.

      (6) Make an appointment to any position contrary to the Custodians’ Civil Service Law, or refuse or neglect to comply therewith.

 

CIVIL SERVICE FOR FIREFIGHTERS

 

(Generally)

 

      242.702 Definitions for ORS 242.702 to 242.824. As used in ORS 242.702 to 242.824, unless the context requires otherwise:

      (1) “Appointing power” includes every person or group of persons who, acting singly or as a board, council or commission, are vested with authority to select, appoint or employ any person to hold any position subject to civil service under ORS 242.702 to 242.824.

      (2) “Appointment” includes all means of selecting or employing any person to hold any position subject to civil service under ORS 242.702 to 242.824.

      (3) “Civil service” means the civil service system established under ORS 242.702 to 242.824.

      (4) “Commission” means a civil service commission created under ORS 242.702 to 242.824.

      (5) “Commissioner” means a member of the civil service commission created under ORS 242.702 to 242.824.

      (6) “Employees” means persons whose principal duties consist of preventing or combating fire or preventing the loss of life or property from fire.

      (7) “Fire department” means any organization maintained by any political subdivision for the purpose of preventing or combating fire.

      (8) “Governing body” means the council or city commissioners of a city, the county court or board of county commissioners of a county, the board of directors of a rural fire protection district, the board of commissioners of a domestic water supply corporation and the county court or board of county commissioners acting under ORS 476.310 to 476.340 for the purposes of preventing and controlling fire on zone 2 rural lands.

      (9) “Political subdivision” means any city, county, municipal corporation, rural fire protection district, domestic water supply corporation or organization authorized under ORS 476.310 to 476.340 to combat fire on zone 2 rural lands which employs four or more full-time firefighters, not including the chief of the fire department.

      (10) “Position” includes any office, place or employment. [1959 c.252 §1]

 

      242.704 Political subdivisions and positions to which ORS 242.702 to 242.824 apply. (1) ORS 242.702 to 242.824 do not apply to any political subdivision which under its charter, ordinances or regulations has a civil service system covering the employees of its fire department which substantially accomplishes the general purposes of ORS 242.702 to 242.824. However, such political subdivision shall retain such exemption only so long as the civil service system upon which the exemption is based remains in effect.

      (2) The civil service shall include all employees of the fire department of a political subdivision which employs four or more firefighters on a full-time basis, not including the chief. The governing body of the political subdivision shall decide whether the chief may be a member of the civil service. [1959 c.252 §§2,19; 1981 c.494 §1]

 

(Civil Service Commission)

 

      242.706 Civil service commission; members; term of office; compensation. (1) There hereby is created in each political subdivision subject to ORS 242.702 to 242.824 a civil service commission composed of three members appointed or confirmed by the governing body of the political subdivision according to its charter, ordinances or regulations. If the political subdivision has an elected fire commission, the members of the civil service commission shall be appointed by the fire commission subject to confirmation by the governing body of the political subdivision.

      (2) The term of office of a member of the civil service commission is four years, and each shall serve without compensation. [1959 c.252 §3]

 

      242.708 Qualifications of commissioners. No member of the commission shall be a member of the governing body or an employee of the political subdivision subject to ORS 242.702 to 242.824, except that any commissioner may serve as a member of any other civil service commission. The persons appointed shall be known to believe in the principles of civil service. [1959 c.252 §5]

 

      242.710 Removal of commissioners. The governing body or fire commission which appoints commissioners may remove any commissioner for incompetency, dereliction of duty or other good cause, after giving due notice in writing of the charges against the commissioner and an opportunity to be heard publicly on such charges before the body which appointed the commissioner. A copy of the charges and a transcript of the record of the hearing shall be filed with the governing body of the political subdivision. [1959 c.252 §6]

 

      242.712 Chairperson of commission; meetings; quorum. (1) Immediately after the appointment of all of its members the commission shall elect a chairperson. The commission shall hold such meetings as may be required for the proper discharge of its duties with a meeting at least once every 90 days and such additional meetings as are requested by any commission member. Any person subject to civil service may request a special meeting of the commission, which request shall be granted when good cause is shown therefor.

      (2) Two members of the commission shall constitute a quorum, and the votes of any two commissioners concurring shall be sufficient for decision in all matters and transactions under ORS 242.702 to 242.824. [1959 c.252 §§7,8]

 

      242.714 Preparation of budget; appropriations. (1) The commission shall prepare and submit a budget to the governing body of the political subdivision prior to each fiscal year for which an appropriation is needed to carry out the provisions of ORS 242.702 to 242.824.

      (2) The governing body of each political subdivision shall appropriate sufficient funds to carry out the provisions of ORS 242.702 to 242.824. [1959 c.252 §43]

 

      242.716 Chief examiner and secretary of commission. (1) In accordance with the requirements of subsection (2) of this section, the commission shall appoint a chief examiner who may act as the commission’s secretary. The chief examiner, or any other person appointed as secretary, shall keep records of the commission’s proceedings, preserve all reports made to it, keep a record of all examinations and investigations held or made under the direction of the commission, and perform such other duties as it may prescribe.

      (2) Except as provided in subsection (3) of this section, the chief examiner shall be subject to the civil service system established under ORS 242.702 to 242.824 and shall be appointed as a result of a competitive examination open to all properly qualified citizens of the political subdivision.

      (3) Any existing civil service secretary or examiner of any political subdivision within this state may be designated as examiner and retained by the commission, if the person holds the position by reason of a competitive civil service examination.

      (4) The commission may enter into contracts with any civil service commission or board in this state for the purpose of having such board or commission conduct the examinations required or authorized by ORS 242.702 to 242.824. [1959 c.252 §9]

 

      242.718 Offices and clerical help for commission. The governing body of every political subdivision subject to ORS 242.702 to 242.824 shall:

      (1) Supply the commission with all office supplies, equipment and space necessary to carry on the business of the commission.

      (2) Provide the commission with such clerical assistance as the commission may consider necessary. [1959 c.252 §10]

 

      242.720 Officers of political subdivision to assist commission. All officers of the political subdivision shall:

      (1) Aid in all proper ways in carrying out the provisions of ORS 242.702 to 242.824 and such rules and regulations as may, from time to time, be prescribed by the commission.

      (2) Afford the commission, its members and employees, all reasonable facilities and assistance in inspecting books, papers, documents and accounts relating to positions subject to civil service.

      (3) Produce such books, papers, documents and accounts and testify, whenever required to do so by the commission or any commissioner. [1959 c.252 §11]

 

      242.722 Preservation of records and examinations; public records. (1) The commission shall keep on file all examination papers and their markings, records in commission hearings and all other papers, documents and communications received by it. Except for examination papers all such reports and files of the commission shall be public records and accessible at reasonable and convenient times. Examination papers shall be accessible only to the commissioners and members of the governing body; provided, that a person who takes an examination under the provisions of ORS 242.702 to 242.824 shall have access to the examination papers of the person.

      (2) The commission shall retain and may destroy the public records described in subsection (1) of this section as follows:

      (a) Original examination papers and their markings and original records in commission hearings shall be retained for at least four years and thereafter may be destroyed if microfilmed copies are retained.

      (b) Original or microfilmed copies of all other papers, documents and communications shall be retained for at least four years and thereafter may be destroyed. [1959 c.252 §13]

 

      242.724 Rules of commission; examinations. (1) The commission shall make suitable regulations not inconsistent with ORS 242.702 to 242.824 to carry out the provisions thereof. The regulations shall provide in detail the manner in which examinations shall be held, and appointments, promotions, demotions, transfers, reinstatements, suspensions and discharges shall be made. The rules and regulations together with all amendments thereto shall be posted in the fire department and shall be available for inspection in the secretary’s office for public inspection. The rules and regulations shall not limit the personal citizenship rights of any members of the fire department.

      (2) The chief examiner or the agency designated by the commission shall conduct such examinations as necessary. The commission shall assess such weights on examinations as they deem necessary. [1959 c.252 §14; 1997 c.359 §2]

 

(Investigations; Hearings; Actions)

 

      242.726 Investigation by commission of abuses; report of investigation. (1) When any resident of the political subdivision or any person subject to civil service alleges in a verified petition that an abuse or abuses of the provisions of ORS 242.702 to 242.824 exist, the commission shall:

      (a) Investigate the enforcement and effect of the provisions of and the regulations prescribed under ORS 242.702 to 242.824.

      (b) Inspect all positions affected by ORS 242.702 to 242.824, cited by the petition.

      (c) Ascertain whether ORS 242.702 to 242.824 and the regulations are being obeyed.

      (d) Make a public report upon all matters investigated under ORS 242.702 to 242.824.

      (2) The commission may, upon its own initiative, make any investigation which it deems advisable. [1959 c.252 §15; 1989 c.171 §33]

 

      242.728 Administering oaths; compelling attendance of witnesses and production of documents; depositions of witnesses. (1) In the course of an investigation, the commission may administer oaths, subpoena witnesses and compel the production of books, papers, documents and accounts pertinent to the investigation. Attendance of witnesses, either with or without books, papers, documents or accounts, may not be compelled unless such witnesses are personally served with subpoena.

      (2) The commission may cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil suits and actions.

      (3) If a person refuses to attend to give testimony or produce books, papers, documents or accounts, pursuant to a subpoena issued under this section, the circuit court of the county in which the political subdivision is located, upon petition of the commission, shall compel obedience to the subpoena and shall punish refusal to obey or to testify in the same manner as a refusal to obey a subpoena or to testify pursuant to a subpoena issued from the circuit court. [1959 c.252 §16]

 

      242.730 Witness fees. Every person served with a subpoena requiring attendance before the commission shall be entitled to the fees and mileage as are allowed by law to witnesses in ORS 44.415 (2), except that no person shall be entitled to any fees or mileage who is employed in the public service of the political subdivision in which the person is called as a witness. The fees and mileage allowed by this section need not be prepaid, but the governing body of the political subdivision shall provide for payment thereof when certified by the commission. [1959 c.252 §17; 1989 c.980 §10d]

 

      242.732 Procedure in hearings before commission; rules of evidence. (1) All hearings and investigations before the commission are governed by ORS 242.702 to 242.824 and by the rules and practice of procedure adopted by the commission; and in the conduct thereof, the commission is not bound by the rules of evidence.

      (2) No informality in any hearing or investigation, or in the manner of taking testimony, shall invalidate any order, decision, rule or regulation made, approved, or confirmed by the commission. [1959 c.252 §18]

 

      242.734 Action to secure compliance with ORS 242.702 to 242.824. The commission may conduct any civil suit or action which may be necessary for the proper enforcement of ORS 242.702 to 242.824 and the rules of the commission. The commission shall be represented in such proceedings by the chief legal officer of the political subdivision. If the chief legal officer is absent or unable to act, or a vacancy exists in the office, or no such office exists in the political subdivision, the commission may in any case be represented by special counsel appointed and retained by it. [1959 c.252 §12]

 

(Payroll)

 

      242.736 Commission certification of payroll required. (1) The commission shall certify in writing to the payroll officer of the political subdivision:

      (a) The name of each person appointed or employed in the civil service, stating in each case the title or character of the position held by such person, the salary or compensation assigned, and the date of the beginning of the person’s service.

      (b) Every change occurring in any position held by any person in the civil service.

      (2) The certifications shall be made by the civil service commission annually.

      (3) The commission shall notify any officer or employee of the political subdivision authorizing, drawing, signing, countersigning, issuing or honoring any warrant or order for the payment of salary or compensation to an employee subject to civil service of the names of any persons employed in violation of ORS 242.702 to 242.824 or the regulations established under ORS 242.702 to 242.824. [1959 c.252 §22]

 

      242.738 Payments to persons not certified by commission prohibited. (1) No officer or employee of the political subdivision shall authorize, draw, sign, countersign, issue or honor any warrant or order for the payment of, or pay, any salary or compensation to any person in a position subject to civil service who is not certified by the commission as provided in ORS 242.736. Any person entitled to be certified may maintain a proceeding by mandamus to compel the issuance of such certificate.

      (2) Any sums willfully paid contrary to the provisions of this section may be recovered i