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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 22 PUBLIC OFFICERS AND EMPLOYEES
Chapter : Chapter 240 State Personnel Relations
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This chapter shall be known as the State
Personnel Relations Law. [Amended by 1979 c.468 §2] 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] (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. 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.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] 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] 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] 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](1) The Civil Service Commission that has functioned
under this chapter shall be continued as a board of three members to be
known as the Employment Relations Board. Each member of the board shall
be a citizen of the state known to be in sympathy with the application of
merit principles to public employment and shall be of recognized standing
and known interest in public administration and in the development of
efficient methods of selecting and administering personnel. In the
selection of the members of the Employment Relations Board, the Governor
shall give due consideration to the interests of labor, management and
the public. Each member of the board shall be trained or experienced in
labor-management relations and labor law or the administration of the
collective bargaining process. No member of the board shall hold, or be a
candidate for, any public office.
(2) Except as provided in subsection (3) of this section, a member
of the board shall not hold any other office or position of profit,
pursue any other business or vocation, or serve on or under any committee
of any political party, but shall devote the member’s entire time to the
duties of the office of the member.
(3) A member of the board may:
(a) Serve as an arbitrator, fact finder or mediator for parties
located outside of the State of Oregon;
(b) Teach academic or professional classes for entities that are
not subject to the board’s jurisdiction;
(c) Have a financial interest but an inactive role in a business
unrelated to the duties of the board; and
(d) Publish, and receive compensation or royalties for, books or
other publications that are unrelated to the member’s duties, provided
that activity does not interfere with the performance of the member’s
duties.
(4) A member of the board shall be on leave status or act outside
of normal work hours when pursuing any activity described in subsection
(3)(a) and (b) of this section. [Amended by 1969 c.80 §32; 1973 c.536
§26; 1975 c.147 §10; 1977 c.808 §1; 1999 c.248 §1] (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] 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] 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.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] 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](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]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] 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] 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.(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] 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] 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](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](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](1) 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.
(2) All moneys received by the Employment Relations Board pursuant
to ORS 240.167 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 the fund for the payment of all expenses
incurred by the board. [Amended by 1957 c.437 §2; 1969 c.80 §47; 1969
c.489 §8; 1993 c.500 §8a](1) On and after January 1, 1984, the number of persons
employed by the state shall not exceed 1.5 percent of the state’s
population of the prior year.
(2) The population figure shall be that required by ORS 190.510 to
190.610.
(3) This section applies to all full-time equivalent budgeted
positions.
(4) This section does not apply to the Governor, the Secretary of
State, the State Treasurer, the Supreme Court or the Legislative Assembly
in the conduct of duties vested in any of them by the Oregon
Constitution. However, this exception applies only to the office of the
Governor and not to the executive branch of government.
(5) This section does not apply to personnel who administer
unemployment insurance benefits programs of the Employment Department, to
personnel who administer programs required to be implemented as a
condition for the continued certification of the Employment Division Law
by the United States Secretary of Labor or to personnel who administer
programs implemented by the United States Department of Labor under
federal law if the state is required to enter into contracts to provide
such programs.
(6) This section does not apply to personnel whose positions are
funded by the gifts, grants and contracts program in the 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 agency’s budget
request before the Joint Ways and Means Committee. [1979 c.604 §1; 1983
c.340 §1; 1989 c.863 §1]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(1) It is declared to be the public policy of the
State of Oregon to attempt to achieve an equitable relationship between
the comparability of the value of work, as defined in ORS 292.951,
performed by persons in state service and the compensation and the
classification structure within the state system. To further the effort
to achieve and maintain equity for undervalued jobs and job
classifications, the state shall employ a neutral and objective method of
determining the comparability of the value of work. The first priority in
attaining equitable relationships shall be achieving compensation equity
for the most undervalued classes in the lowest salary ranges.
(2) State management, in each branch of government, shall, when
establishing or modifying personnel plans and policies in compensation
and classification matters, or in collective bargaining, arbitration and
grievance procedures, hold equity in compensation and classification
matters as an important consideration. Where applicable, an exclusive
representative of a collective bargaining unit shall hold the same
considerations to achieve consistency with the policies stated in this
section and ORS 292.951 to 292.971.
(3) No employee shall have wages decreased in order to achieve the
policy set forth in this section. [1983 c.814 §1; 1987 c.772 §2]Note: 240.190 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 240 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. 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] 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] The unclassified service shall
comprise:
(1) One executive officer and one secretary for each board or
commission, the members of which are elected officers or are appointed by
the Governor.
(2) The director of each department of state government, each
full-time salaried head of a state agency required by law to be appointed
by the Governor and each full-time salaried member of a board or
commission required by law to be appointed by the Governor.
(3) The administrator of each division within a department of state
government required by law to be appointed by the director of the
department with the approval of the Governor.
(4) Principal assistants and deputies and one private secretary for
each executive or administrative officer specified in ORS 240.200 (1) and
in subsections (1) to (3) of this section. “Deputy” means the deputy or
deputies to an executive or administrative officer listed in subsections
(1) to (3) of this section who is authorized to exercise that officer’s
authority upon absence of the officer. “Principal assistant” means a
manager of a major agency organizational component who reports directly
to an executive or administrative officer listed in subsections (1) to
(3) of this section or deputy and who is designated as such by that
executive or administrative officer with the approval of the Director of
the Oregon Department of Administrative Services.
(5) Employees in the Governor’s office and the principal assistant
and private secretary in the Secretary of State’s division.
(6) The deans, professors, principals, instructors and teachers in
facilities 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] 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] 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]
(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] 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.(1) Except as otherwise provided by section 30,
Article IV of the Oregon Constitution, notwithstanding any statute or
salary plan establishing the salary for a position in the exempt,
unclassified or management service, a Senator or Representative who is
appointed to a position in the exempt, unclassified or management service
during the Senator’s or Representative’s term of office shall receive a
salary established as follows:
(a) If the salary for the position to which the Senator or
Representative is appointed has been increased during the Senator’s or
Representative’s term of office, the Senator or Representative shall
receive a salary equal to that established for the position immediately
prior to the commencement of the Senator’s or Representative’s term of
office until the term of office of the Senator or Representative expires.
(b) If the salary for the position to which the Senator or
Representative is appointed decreased or remained unchanged during the
Senator’s or Representative’s term of office, the Senator or
Representative shall receive the salary established by the applicable
statute or salary plan.
(2) As used in this section, “term of office” means the particular
four-year or two-year period for which the Senator or Representative was
elected pursuant to section 4, Article IV of the Oregon Constitution. In
the event that the Senator or Representative was appointed to fill a
vacancy in the Legislative Assembly, “term of office” means the remainder
of the four-year or two-year period for which the Senator or
Representative was appointed, beginning on the date of appointment. “Term
of office” does not mean the Senator’s or Representative’s duration of
service in the Legislative Assembly. [1987 c.879 §23] (1) The Personnel
Division shall establish and implement a merit pay system which shall
take into consideration individual performance and organizational
accomplishment, prevailing rates of pay for the services performed and
for comparable services in public and private employment, living costs,
maintenance or other benefits received, obligations established by
collective bargaining agreements, and the state’s financial condition and
policies. The merit pay system may provide for monetary awards to
employees for past meritorious service and contribution to the mission
and goals of the employing agency.
(2) Modifications of the merit pay system may be adopted by the
division and shall be effective only when approved by the Director of the
Oregon Department of Administrative Services.
(3) Except as provided in subsection (4) of this section, each
employee in the classified service shall be paid a rate within the salary
range set forth in the merit pay system for the class of positions in
which employed.
(4) Following any modification of the classification plan affecting
a position, the division may provide that the rate of compensation of the
employee holding such position shall not be reduced by reason of any such
modification. An employee holding such a position shall not be eligible
for any salary increase during such period of time that the employee’s
salary is above the maximum of the salary range of the classification to
which the employee’s position is allocated. [Amended by 1961 c.451 §1;
1969 c.80 §53; 1975 c.305 §1; 1979 c.468 §12](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 facilities 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 Department’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] 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] 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]METHOD OF SELECTING EMPLOYEES FOR SERVICE IN CLASSIFIED POSITIONS(1) Recruiting, selecting and
promoting employees shall be on the basis of their relative ability,
knowledge, experience and skills, determined by open competition and
consideration of qualified applicants, without regard to an individual’s
race, color, religion, sex, marital status, national origin, political
affiliation, age, disability or other nonjob related factors, with proper
regard for an individual’s privacy. Nothing in this subsection shall be
construed to enlarge or diminish the obligation of the state or the
rights of employees concerning claims of employment discrimination as
prescribed by applicable state and federal employment discrimination laws.
(2) The Oregon Department of Administrative Services shall
establish procedures to provide for statewide open recruitment and
selection for classifications 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] (1) Any
complaint alleging violation of ORS 240.309 shall be filed with the
Employment Relations Board.
(2) Any employee may file a complaint with the board alleging
violation of ORS 240.309.
(3) If the employee makes a prima facie case showing that the
employer has violated ORS 240.309, then the burden of rebutting the prima
facie case is on the employer.
(4)(a) Any employer found to be in violation of ORS 240.309 by the
board may be required to pay any affected employee damages for any loss
of wages, benefits and rights. The board may also require the agency to
discontinue the improper practices.
(b) Any award granted to an affected employee by the board shall be
in addition to any penalty imposed under ORS 240.990.
(5) Subject to the requirements of ORS 183.452, the state agency
need not be represented by legal counsel in these proceedings before the
Employment Relations Board. The board may adopt, by rule, special
informal proceedings to review these matters and may, in its discretion,
rely on any grievance procedure records developed by the state agency. If
the board adopts a rule under this subsection, the employer shall not be
required to comply with ORS 183.452 (2)(b) for hearings conducted under
the board rule. Any court review of the board’s decision under this
section shall give special deference to the informality of the
proceedings in reviewing the sufficiency of the record. [1990 c.3 §3;
1999 c.448 §7](1)
Temporary employment shall be used for the purpose of meeting emergency,
nonrecurring or short-term workload needs of the state.
(2) A temporary employee may be given a nonstatus appointment
without open competition and consideration only for the purposes
enumerated in this section. Temporary appointments shall not be used to
defeat the open competition and consideration system.
(3) A temporary employee may not be employed in a permanent,
seasonal, intermittent or limited duration position except to replace an
employee during an approved leave period.
(4) Employment of a temporary employee for the same workload need,
other than for leave, may not exceed six calendar months. The decision to
extend the period of employment may be delegated by the Personnel
Division of the Oregon Department of Administrative Services to other
state agencies. Approval to extend shall be allowed only upon an
appointing authority’s finding that the original emergency continues to
exist and that there is no other reasonable means to meet the emergency.
Agency actions under this subsection are subject to post-audit review by
the Oregon Department of Administrative Services as provided in ORS
240.311.
(5) Employment of a temporary employee for different workload needs
shall not exceed the equivalent of six calendar months in a 12-month
period.
(6) A temporary employee shall not be denied permanent work because
of the temporary status. Temporary service shall not be used as any
portion of a required trial service period.
(7) The Personnel Division of the Oregon Department of
Administrative Services shall report the use of temporary employees, by
agency, once every six months, including the duration and reason for use
or extensions, if any, of temporary appointments. The reports shall be
made available upon request to interested parties, including employee
organizations. If any interested party alleges misuse of temporary
employees, the division shall investigate, report its findings and take
appropriate action.
(8) The Department of Justice may use temporary status appointments
for student law clerks for a period not to exceed 24 months.
(9) The chief administrative law judge of the Office of
Administrative Hearings may use temporary status appointments for student
law clerks for a period not to exceed 24 months. Student law clerks
appointed under this subsection may not act as administrative law judges
or conduct hearings for the Office of Administrative Hearings.
(10) 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](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](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](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]
(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]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]REMOVAL DURING TRIAL SERVICE; SEASONAL EMPLOYEES; MERIT RATINGS 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] 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] 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 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.WORKING HOURS, LEAVES, DISCIPLINE, REEMPLOYMENT
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]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] 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] (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] Judicial review of orders under ORS
240.560 shall be as provided in ORS chapter 183. [1971 c.734 §31](1) Positions in the unclassified,
management and exempt services may be filled by classified employees.
After an employee is terminated from the unclassified or exempt service
or removed from the management service, for reasons other than those
specified in ORS 240.555, the state agency that employed the employee
before the appointment to the unclassified, exempt or management service
may, at the agency’s sole discretion, restore the employee to a position
held in the agency before the appointment if the employee meets the
position requirements. If an employee is restored to a former position,
the employee is subject to any applicable agency collective bargaining
agreement.
(2) An appointing authority may assign, reassign and transfer
management service employees for the good of the service and may remove
employees from the management service due to reorganization or lack of
work.
(3) A management service employee is subject to a trial service
period established pursuant to rules of the Personnel Division under ORS
240.250. Thereafter, the management service employee may be disciplined
by reprimand, salary reduction, suspension or demotion or removed from
the management service if the employee is unable or unwilling to fully
and faithfully perform the duties of the position satisfactorily.
(4) Employees who are assigned, reassigned, transferred or removed,
as provided in subsection (2) of this section, and employees who are
disciplined or removed from the management service for the reasons
specified in subsection (3) of this section may appeal to the Employment
Relations Board in the manner provided by ORS 240.560.
(5) Management service employees with immediate prior former
regular status in the classified service may be dismissed from state
service only for reasons specified by ORS 240.555 and pursuant to the
appeal procedures provided by ORS 240.560. [1955 c.738 §6; 1979 c.468
§18; 1981 c.409 §4; 1985 c.121 §3; 1987 c.269 §1; 2005 c.766 §1] 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] 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(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
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
employer’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 Oregon Department of Administrative
Services Operating Fund established by ORS 240.170.
(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]PROHIBITED CONDUCT (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]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 It
is the policy of the State of Oregon to encourage cooperative,
participatory work environments and team-based management practices in
all state agencies. To that end, when feasible and appropriate, state
agencies shall:
(1) Delegate responsibility for decision-making and service
delivery to the lowest possible level;
(2) Involve all workers, especially frontline workers, in the
development and design of processes and program improvements;
(3) Simplify and eliminate internal administrative rules and
policies that unduly impede the attainment of the agency’s mission and
delivery of services;
(4) Eliminate layers of organizational hierarchies;
(5) Envision state government as a high performance organization in
which training and technology are viewed as an investment in the
workforce; and
(6) Promote continuous improvement of state services through the
involvement of all workers in process design and performance-based
outcome development. [1993 c.724 §13b]Note: 240.850 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 240 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) As used in this section:
(a) “State agency” means any state office, department, division,
bureau, board and commission, whether in the executive, legislative or
judicial branch.
(b) “Telecommute” means to work from the employee’s home or from an
office near the employee’s home, rather than from the principal place of
employment.
(2) It is the policy of the State of Oregon to encourage state
agencies to allow employees to telecommute when there are opportunities
for improved employee performance, reduced commuting miles or agency
savings.
(3) Each state agency shall adopt a written policy that:
(a) Defines specific criteria and procedures for telecommuting;
(b) Is applied consistently throughout the agency; and
(c) Requires the agency, in exercising its discretion, to consider
an employee request to telecommute in relation to the agency’s operating
and customer needs.
(4) Each state agency that has an electronic bulletin board, home
page or similar means of communication shall post the policy adopted
under subsection (3) of this section on the bulletin board, home page or
similar site.
(5) The Oregon Department of Administrative Services, in
consultation with the State Department of Energy, shall provide a
biennial report to the Joint Committee on Technology, or a similar
committee of the Legislative Assembly, containing at least the following:
(a) The number of employees telecommuting;
(b) The number of trips, miles and hours of travel time saved
annually;
(c) A summary of efforts made by the state agency to promote and
encourage telecommuting;
(d) An evaluation of the effectiveness of efforts to encourage
employees to telecommute; and
(e) Such other matters as may be requested by the committee.
[Formerly 283.550]
Note: 240.855 was enacted into law by the Legislative Assembly but was
not added to or made a part of ORS chapter 240 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.PENALTIES(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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