2007 Oregon Code - Chapter 240 :: Chapter 240 - State Personnel Relations
Chapter 240 —
State Personnel Relations
2007 EDITION
STATE PERSONNEL RELATIONS
PUBLIC OFFICERS AND EMPLOYEES
ADMINISTRATIVE PROVISIONS
240.005Â Â Â Â Short
title
240.010Â Â Â Â Purpose
of chapter
240.011Â Â Â Â Policy
on public service contracts; review
240.012Â Â Â Â Job
sharing; policy statement
240.013Â Â Â Â Job-sharing
positions; adjustment of benefits and detriments
240.015Â Â Â Â Definitions
240.055Â Â Â Â Personnel
Division
240.057Â Â Â Â Administrator
of Personnel Division; appointment
240.060Â Â Â Â Employment
Relations Board; qualification of members; outside activities
240.065Â Â Â Â Appointment;
terms; vacancies
240.071Â Â Â Â Compensation
and expenses of members
240.075Â Â Â Â Removal
of members
240.080Â Â Â Â Chairperson
appointed by Governor; meetings; quorum; hearings
240.086Â Â Â Â Duties
of board; rules
240.088Â Â Â Â Review
of arbitration awards after written exceptions filed
240.100Â Â Â Â Administer
oaths; subpoena witnesses; compel production of papers
240.105Â Â Â Â Use
of public facilities of state or municipalities
240.115Â Â Â Â Action
to secure compliance with chapter
240.123Â Â Â Â Board
personnel; executive secretary of board; general counsel
240.131Â Â Â Â Employment
Relations Board Administrative Account
240.145Â Â Â Â Duties
of administrator; rules
240.160Â Â Â Â Agency
personnel officers
240.165Â Â Â Â Cost
of operating Personnel Division divided among various agencies of state
government
240.167Â Â Â Â Cost
of operating Employment Relations Board divided among various divisions of
state government
240.170Â Â Â Â Oregon
Department of Administrative Services Operating Fund
240.185Â Â Â Â Maximum
number of state employees; applicability; exceptions
CATEGORIES OF SERVICE; CLASSIFICATION AND COMPENSATION
PLANS
240.190Â Â Â Â Policy
on comparability of value of work and compensation and classification
240.195Â Â Â Â Categories
of positions in state service
240.200Â Â Â Â Exempt
service
240.205Â Â Â Â Unclassified
service
240.210Â Â Â Â Classified
service
240.212Â Â Â Â Management
service
240.215Â Â Â Â Classification
plan; job share; career ladder; transfers
240.217Â Â Â Â Certain
reclassifications prohibited
240.227Â Â Â Â Salary
for legislator appointed to exempt, unclassified or management service
240.235Â Â Â Â Compensation
plan for classified service
240.240Â Â Â Â Application
of chapter to unclassified or management service
240.245Â Â Â Â Application
of chapter to exempt service
240.250Â Â Â Â Rules
applicable to management service
METHOD OF SELECTING EMPLOYEES FOR SERVICE IN
CLASSIFIED POSITIONS
240.306Â Â Â Â Recruitment,
selection and promotion of state employees; criteria; procedures; duties of
department
240.307Â Â Â Â Procedure
for enforcement of ORS 240.309; rules
240.309Â Â Â Â Temporary
appointments; limitations; duration; extension; periodic reports; post-audit
review; investigation; exceptions
240.311Â Â Â Â Delegation
of authority and responsibility by division; post-audit review
240.316Â Â Â Â Trial
service; regular status; procedures for transfer, demotion and separation of
employees
240.321Â Â Â Â Collective
bargaining; effect of collective bargaining agreements on personnel rules;
grievance procedures
240.395Â Â Â Â Suspension
of merit system in emergencies; reinstatement
240.400Â Â Â Â Designation
by appointing authority of staff employees to act as alternates
REMOVAL DURING TRIAL SERVICE; SEASONAL
EMPLOYEES; MERIT RATINGS
240.410Â Â Â Â Removals
during trial period
240.425Â Â Â Â Regular
seasonal employees
240.430Â Â Â Â Merit
ratings
STATE MANAGEMENT CREDENTIALS PROGRAM
240.435Â Â Â Â State
Management Credentials Program required; purpose
WORKING HOURS, LEAVES, DISCIPLINE,
REEMPLOYMENT
240.546Â Â Â Â Payments
in lieu of sick leave with pay; rules; exclusions
240.551Â Â Â Â Working
hours, holidays, leaves of absence and vacations of employees in state
classified service
240.555Â Â Â Â Suspension,
reduction, demotion or dismissal
240.560Â Â Â Â Appeal
procedure
240.563Â Â Â Â Judicial
review
240.570Â Â Â Â Classified
employee filling position in unclassified, exempt or management service
240.580Â Â Â Â Service
credits for service in unclassified service
240.590Â Â Â Â Reemployment
of employee in exempt service
MEDIATION FEE
240.610Â Â Â Â Mediation
service fee; interest-based problem solving training fee; amount; payment;
disposition of fees
PROHIBITED CONDUCT
240.710Â Â Â Â Certain
acts unlawful
240.750Â Â Â Â When
discipline action not to be retained in personnel file
MISCELLANEOUS
240.850Â Â Â Â Policy
on work environments; duties of state agencies
240.855Â Â Â Â Telecommuting;
state policy; agencies to adopt written policies; biennial report
PENALTIES
240.990Â Â Â Â 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 memberÂ’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
     (b) Teach academic or professional classes
for entities that are not subject to the boardÂ’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 memberÂ’s
duties, provided that activity does not interfere with the performance of the
memberÂ’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 stateÂ’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 Department of Higher Education.
     (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 regular session and shall accompany the agencyÂ’s budget request
before the
     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
     (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 StateÂ’s
division.
     (6) The director, principals, instructors
and teachers in schools 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 and 181.265.
     (11) Deputy superintendents 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 the Emergency Job and Unemployment Assistance Act
of 1974 (United States Public Law 93-567) or any other 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 Economic and Community 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]
     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 SenatorÂ’s
or RepresentativeÂ’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
SenatorÂ’s or RepresentativeÂ’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 SenatorÂ’s or RepresentativeÂ’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 SenatorÂ’s or RepresentativeÂ’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 stateÂ’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
employeeÂ’s salary is above the maximum of the salary range of the
classification to which the employeeÂ’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 schools 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 Economic and Community Development DepartmentÂ’s foreign offices, the
salary plan and arrangements for leave with pay shall be established by the
Director of the Economic and Community 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]
     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
individualÂ’s race, color, religion, sex, marital status, national origin,
political affiliation, age, disability or other nonjob related factors, with
proper regard for an individualÂ’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 which are common to state
agencies. Such 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 where such 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]
     Note: The amendments to 240.306 by section 22,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 240.306 by section 22, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 240.306, as amended by section
22, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     240.306. (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 individualÂ’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 individualÂ’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.
     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 boardÂ’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
authorityÂ’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) 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]
     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]
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
agencyÂ’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 or 181.265, 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]
     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.
     (2) Notwithstanding any other law, the fee
charged by the board under this section shall not exceed $1,000, and the local
public employer and the exclusive representative shall each pay one-half of the
amount of the fee to the board. Notwithstanding any other law, in addition to the
initial fee charged for mediation services, the board may charge a second fee,
in an amount not to exceed $1,000, for mediation services performed subsequent
to those services performed at one mediation session after a notice of intent
to strike or notice of intent to implement the employerÂ’s last offer has been
given.
     (3) Notwithstanding any other law, in
addition to fees for mediation services, the board may establish fees for
training in interest-based problem solving. Such 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]
     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
     (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
agencyÂ’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
employeeÂ’s home or from an office near the employeeÂ’s home, rather than from
the principal place of employment.
     (2) It is the policy of the State of
     (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
agencyÂ’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 is guilty of a misdemeanor and is punishable, upon
conviction, by a fine of not more than $500 or by imprisonment in the county
jail for a term not exceeding one year, or both.
     (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 is guilty
of 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 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]
_______________
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