(1) If the majority of electors of any county voting at a
regular general election pursuant to ORS 241.006 approve a proposal to
establish, substitute or amend a system of civil service under which
county employees shall be employed, the system or amendments to an
existing system of civil service approved by the electors shall apply to
such county.
(2) If ORS 241.016 to 241.990 become applicable in a county, “board
of county commissioners” as used in ORS 241.016 to 241.990 means the
county court of a county which does not have a board of county
commissioners.
(3) If ORS 242.702 to 242.824 become applicable in a county,
“governing body” as used in ORS 242.702 to 242.824 means the board of
county commissioners or county court of a county, as the case may be.
[1959 c.315 §2] At
any general election, if a county does not have in operation a system of
civil service for all county employees or if an existing system of civil
service for all county employees is to be amended or substituted for by
another system, there may be submitted to the electors of the county a
proposal:
(1) To make ORS 241.016 to 241.990, providing a system of civil
service under which county employees shall be employed, applicable to
such county;
(2) To make ORS 242.702 to 242.824, providing a system of civil
service under which certain political subdivisions shall employ
firefighters, applicable to such county for all county employees;
(3) That provides a system of civil service which substantially
accomplishes the general purposes of ORS 241.016 to 241.990 or 242.702 to
242.824, including methods of recruitment and promotion of county
employees by competitive examinations and provisions for job tenure for
county employees; or
(4) That amends an existing system of civil service previously
approved by the electors under subsection (3) of this section. [1959
c.315 §3; 1983 c.350 §59; 1991 c.67 §60] (1) A
proposal under ORS 241.006 may be submitted to the electors of the county:
(a) By the initiative procedure; or
(b) By referral to the electors by the board of county
commissioners or the county court.
(2) ORS 250.165 to 250.235 govern the manner of exercising the
initiative unless ORS 250.155 makes ORS 250.165 to 250.235 inapplicable
to the county. [1983 c.350 §61 (enacted in lieu of 241.008 and 241.012)] As used in ORS
241.016 to 241.990, unless the context requires otherwise:
(1) “Appointing power” includes every person or group of persons
who, acting singly or as a board or commission, are vested by law with
authority to select, appoint or employ any person to hold any position
subject to civil service.
(2) “Appointment” includes all means of selecting or employing any
person to hold any position subject to civil service.
(3) “Commission” means a civil service commission created under ORS
241.016 to 241.990.
(4) “Commissioner” means a member of the civil service commission
created under ORS 241.016 to 241.990.
(5) “Position” includes any office, place or employment. [Formerly
241.060] Except as
provided in ORS 241.002 the provisions of ORS 241.016 to 241.990 apply to
all counties of this state having a population of 500,000 persons or
more. [Formerly 241.005; 1991 c.656 §1] All
appointees to positions in the public service of the county are subject
to civil service, except the following:
(1) Any officer chosen by popular election, or appointed to fill a
vacancy caused by the death, resignation or removal of any officer chosen
by popular election.
(2) Any official reporter, bailiff or crier, subject to appointment
by any court or judge or justice thereof.
(3) Any person employed to perform manual labor, skilled or
unskilled, in the construction, maintenance and repair of county
property; provided, that electrical workers, members of road and bridge
crews and laborers permanently employed shall be subject to civil service
unless otherwise provided in ORS 241.016 to 241.990.
(4) Any special deputy sheriff or deputy constable appointed to act
without compensation from the county.
(5) Any member of the county civil service commission.
(6) Any deputy district attorney.
(7) Any doctor, nurse, intern or superintendent or other executive
officer, employed by, in or at the county hospital, county poor farm, or
any home maintained by the county for the detention or care of juveniles.
(8) The roadmaster of the county.
(9) Any temporary, part-time or seasonal employee.
(10) Any person holding a position subject to the jurisdiction of
the commission created by ORS 242.706.
(11) Any chief examiner appointed under ORS 242.716.
(12) Any assistants to a board of county commissioners.
(13) Any undersheriff, deputy undersheriff or administrative aide
to a sheriff. [Formerly 241.010; 1961 c.135 §1; 1963 c.331 §9; 1981 c.48
§6] ORS 241.016 to
241.990 shall be liberally construed so that its intent and purposes may
be given effect.CIVIL SERVICE COMMISSION
There is created in each county subject to ORS 241.016 to 241.990 a civil
service commission composed of three members appointed by the board of
county commissioners, who shall serve without compensation and shall
devote due time and attention to their duties. No person shall be
appointed a member of the commission who is not a citizen of the United
States, a resident of the county for at least three years immediately
preceding the appointment and an elector of the county. None of the
commissioners shall hold any other public or official position. (1) The term
of office of each commissioner is six years with the term of one
commissioner expiring every two years.
(2) Any commissioner may be removed from office by the board of
county commissioners for incompetency, incompatibility or dereliction of
duty, or other good cause. Two members of the commission shall constitute a
quorum and, except in matters requiring the unanimous consent of the
commission, as provided in ORS 241.016 to 241.990, the votes of any two
commissioners concurring shall be sufficient for decision in all matters
and transactions pursuant to ORS 241.016 to 241.990. The commission shall appoint a
secretary, who shall keep records of its proceedings, preserve all
reports made to it, superintend and keep a record of all examinations and
investigations held or made under its direction, and perform such other
duties as it may prescribe. The secretary shall hold office during the
pleasure of the commission and shall receive such salary as the board of
county commissioners may fix. The board of
county commissioners shall provide the commission with suitable and
convenient rooms and accommodations at the county courthouse, and cause
the same to be furnished, heated, lighted and supplied with all office
supplies and equipment necessary to carry on the business of the
commission. The board shall also provide the commission with such
clerical assistance as may be necessary. All county
officers and employees of the county shall aid in all proper ways in
carrying out the provisions of ORS 241.016 to 241.990, and such
regulations as may, from time to time, be prescribed by the commission
thereunder, and to afford the commission, its members and employees all
reasonable facilities and assistance to inspect all books, papers,
documents and accounts applying or in any way appertaining to any and all
offices, places, positions and employments subject to civil service, and
also to produce such books, papers, documents and accounts, and attend
and testify, whenever required so to do by the commission, or any
commissioner. The district attorney
of the county shall be the legal adviser of the commission and shall
prosecute all violations of ORS 241.016 to 241.990. However, the board of
county commissioners may employ special counsel for that purpose and may
also employ special counsel to represent county elective officials in
hearings before the commission. [Amended by 1957 c.197 §1](1) The commission shall keep on file all examination
papers and their markings and all other papers, documents and
communications received by it. All such reports and files of the
commission shall be public records and accessible at convenient times in
like manner as other public records.
(2) The commission may destroy any reports and files of the
commission which are:
(a) Not less than four years old.
(b) Less than four years old, provided they have been recorded by
means of photography, microphotography, photocopying or filming and the
commission determines that they have no further evidential value.
[Amended by 1961 c.135 §3] (1) The commission shall make
suitable regulations, not inconsistent with ORS 241.016 to 241.990, to
carry out the provisions of ORS 241.016 to 241.990. The regulations shall
provide in detail the manner in which examinations shall be held, and
appointments, promotions, transfers, reinstatements, suspensions and
discharges shall be made. The regulations may be changed, from time to
time, and the same, together with all changes, shall forthwith be printed
for distribution.
(2) The commission shall, not less than 10 days prior to the time
when the regulations shall take effect, give notice, in a newspaper
printed and published in the county and having a general circulation
therein, of the place where printed copies of the regulations and changes
therein may be obtained. All publications required to be made
pursuant to ORS 241.110 and elsewhere in ORS 241.016 to 241.990 shall be
made in a newspaper which is printed and published not less than once a
day for at least six days of each week. The commission
shall make investigations concerning, and report upon all matters
touching, the enforcement and effect of the provisions of ORS 241.016 to
241.990, and the regulations prescribed thereunder; inspect all county
institutions, departments, offices and positions affected by ORS 241.016
to 241.990, and ascertain whether ORS 241.016 to 241.990 and the
regulations are being obeyed. An investigation may be made by the
commission, or by any commissioner designated by the commission for that
purpose.(1) In the course of an investigation, the commission, or
designated commissioner, may administer oaths, subpoena and require the
attendance of witnesses and the production by them of books, papers,
documents and accounts appertaining to the investigation. Attendance of
witnesses, either with or without books, papers, documents or accounts
may not be compelled, unless such witnesses are personally served with
subpoena within the county wherein the commission has jurisdiction.
(2) The circuit court in the county may compel the attendance of
witnesses, the giving of testimony, and the production of books, papers,
accounts and documents, as required by any subpoena duly issued by the
commission, or designated commissioner, under this section, and may
punish the disobedience of such witnesses as a contempt. The commission, or designated
commissioner, may, in any investigation or hearing, cause the deposition
of witnesses residing within or without the state to be taken in the
manner prescribed by law for like depositions in civil actions in the
circuit court. To that end, the commission may compel the attendance of
witnesses and the production of books, papers, documents and accounts. All hearings
and investigations before the commission, or designated commissioner,
shall be governed by ORS 241.016 to 241.990 and by rules of practice and
procedure to be adopted by the commission. In the conduct thereof neither
the commission, nor designated commissioner, shall be bound by the
technical rules of evidence.No informality in any proceeding or hearing, or
in the manner of taking testimony before the commission, or designated
commissioner, shall invalidate any order, decision, rule or regulation
made, approved or confirmed by the commission. However, no order,
decision, rule or regulation made by any designated commissioner
conducting any hearing or investigation alone shall be of any force or
effect whatsoever unless and until concurred in by the other two members
of the commission. Any person served with a subpoena requiring
attendance before the commission, or any commissioner, shall be entitled
to the fees and mileage as are allowed by law to witnesses in ORS 44.415
(2), except that no person shall be entitled to any fees or mileage for
such attendance who is employed in the public service of the county in
which the person is called as such witness. The fees and mileage allowed
by this section need not be prepaid, but the county clerk shall draw a
warrant for the payment thereof when it is certified by the commission.
[Amended by 1989 c.980 §10c] Each appointing
power shall:
(1) Report to the commission forthwith upon each appointment the
name of the appointee, the title or character of the position to which
the appointment is made, the date of the commencement of service, and the
salary or compensation therefor.
(2) Report from time to time, and upon the date of official action
in, or knowledge of, each case, any separation of any person from any
position, or other changes.
(3) Furnish such other information as the commission may require in
order to keep the roster mentioned in ORS 241.155. The commission shall keep in its office an
official roster of all persons holding positions under the provisions of
ORS 241.016 to 241.990, and shall enter therein all appointments,
promotions, demotions, transfers, reinstatements, resignations,
suspensions, leaves of absence, removals and discharges, setting forth in
each instance the date of commencement or termination of service, or
other change, the nature of the duties performed, and the salary or
compensation therefor, together with sufficient information to show why
and how such appointments, or other changes, were made. The roster shall
be kept so as to disclose readily to any one desiring to inspect the same
all such matters in connection with each position in each department of
the county government, subject to civil service, and in connection with
each person employed therein.CLASSIFICATION AND COMPENSATION PLAN; SELECTION AND PROMOTION OF EMPLOYEES Except as
otherwise expressly provided in ORS 241.016 to 241.990, the appointment
and promotion of all persons to or in all positions subject to the
provisions of ORS 241.016 to 241.990 shall be made solely upon merit,
efficiency and fitness, which shall be ascertained by open competitive
examination and impartial investigation.All positions subject to civil
service in the county shall be created by the board of county
commissioners and the board is authorized to fix the compensation of all
employees employed therein. In the creation of each position subject to
civil service, and in determining the amount of compensation thereof, the
board shall give due consideration to the recommendation of the civil
service commission and the appointing power of the department under which
the position is created. (1) The commission
shall classify, with reference to the examinations provided for in ORS
241.016 to 241.990, all positions in the public service of the county to
which ORS 241.016 to 241.990 apply. The classifications shall be based
upon the respective functions of the positions and the compensation
attached thereto, and shall be arranged so as to permit the grading of
positions of like character in groups and subdivisions, to the end that
like compensation shall be paid for like duties.
(2) The commission shall establish maximum and minimum salary
limits for each grade in its classification, and shall provide by rule
for advancement or promotion from grade to grade on the basis of
efficiency and length of service.
(3) The classifications and grades may, from time to time, be
amended, added to, consolidated or abolished by the commission, but no
person holding any position under any established classification or grade
shall be affected by any such change so as to deprive the person of any
of the benefits attached to the classification or grade applicable to the
position then held by the person.
(4) The positions so classified and graded shall constitute the
classified civil service of the county. (1) The commission shall, from time
to time, hold public competitive examinations to ascertain the fitness of
applicants for all positions in the classified service.
(2) Notice of the time, place and general scope of every
examination shall be given by the commission by publication in a
newspaper of general circulation and printed and published in the county,
once each week for two consecutive weeks. Notices shall also be posted in
three public places in the county, one of which shall be the office of
the commission, for not less than two weeks prior to the examination. Examinations shall be
confined to citizens of the United States who can read and write the
English language and who also possess such qualifications as to fitness,
habits and moral character as are prescribed by rules of the commission.
[Amended by 1959 c.689 §7; 1961 c.135 §4] (1) All examinations shall be
practical in character and shall relate only to those matters which
fairly test the relative fitness of persons examined to discharge the
duties of the positions for which they are applicants. Examinations shall
include, when appropriate, tests of health and physical qualification,
and of manual, clerical or professional skill.
(2) No question in any examination shall relate to political or
religious preference, affiliation, opinion or services. The commission shall control all
examinations and shall designate the persons who shall act as examiners
at any examination. When a person in the official service of the county
is designated as examiner, the person shall act as such without extra
compensation. Any commissioner may act as examiner. The regulations of the
commission shall provide for a credit on original entrance examinations,
in a percentage to be determined by the commission, for experience in
work similar to that for which examinations are held. [Amended by 1959
c.84 §1; 1977 c.854 §2] (1) Examinations for
promotions shall be among the members of the lower classifications or
grades established for each department who desire to offer themselves for
such examination. The regulations adopted for examination of applicants
for promotion shall, as near as may be, follow the regulations governing
the examination of applicants for original appointment.
(2) The commission shall by its regulations prescribe the weight to
be given to the recommendation of the appointing power touching the
qualifications of the candidate for promotion, and where a record of
fidelity and efficiency is regularly kept in good faith in any department
the commission shall give it at least equal value with the record of
examination for promotion.The commission shall prepare and keep a register for each grade
and classification in the classified civil service of all persons whose
general average standing upon examination for such grade or
classification is not less than the minimum fixed by the rules of the
commission, and who are otherwise eligible. Such persons shall take rank
upon such register, as candidates, in the order of their relative
excellence, as determined by examination and investigation. Candidates of
equal standing shall take rank upon the register according to the order
in which their applications are filed. The commission may, by rule,
provide for striking candidates from the list after they have remained
thereon for a specified time, and may limit the number of times the same
candidate shall be certified to the appointing power. The
commission shall by regulations provide that wherever practicable
vacancies shall be filled by promotion.Whenever there is a vacancy in any position in
the classified civil service, the appointing power shall immediately
notify the commission thereof. The commission shall thereupon certify to
the appointing power the names and addresses of the three eligible
candidates standing highest upon the register for the classification or
grade to which such position belongs. If there are fewer than three, the
commission shall certify all candidates upon the register. When vacancies
exist in two or more positions of the same classification in the same
department at the same time, the commission shall certify at least two
candidates for each position, but those certified must be the eligible
candidates standing highest upon the register. The appointing power may
require the candidates so certified to come before the appointing power,
and the appointing power may inspect their examination papers. The
regulations for certification of applicants for promotion shall, as near
as may be, follow the regulations governing the certification of
applicants for original appointment. [Amended by 2005 c.22 §183](1) The appointing
power shall appoint to each vacant position one of the candidates
certified. The person so appointed shall be on probation for a period to
be fixed by the regulations of the commission, not to exceed one year if
the position is in the police department of the office of the sheriff,
otherwise not to exceed six months. During probation the appointing power
may discharge the probationer, and in like manner appoint another of such
candidates, and so continue until all candidates have been appointed. The
reasons, in each instance, for such discharge, shall be filed in writing
with the commission. If the reasons are deemed insufficient by the
commission, the discharged candidate shall, notwithstanding such
discharge, retain the rank upon the eligible list.
(2) When any person who has taken a promotional examination, and
who has been appointed to a position in a higher classification or grade
on probation, fails to qualify for the position in the higher
classification or grade within the probationary period, the person shall
not lose seniority in the lower classification or grade from which such
promotion was made but shall return to employment and be reinstated in
the position held by the person in such lower classification or grade.
[Amended by 1965 c.186 §1] Any person on the eligible list may
waive any appointment and in such event shall retain rank on the eligible
list. The appointing power must make
permanent appointments from the list of candidates certified, unless, for
reasons assigned in writing by the appointing power, the commission
consents to and certifies a new list of candidates. If any probationer is
not discharged during the period of probation, the appointment of the
probationer shall be deemed permanent. When there is no eligible list from
which a position may be filled, the appointing power may, with the
consent of the commission, fill such position by temporary appointment. A
temporary appointment shall not continue for a longer period than three
months, nor shall successive temporary appointments be made to the same
position under this section without the previous consent of the
commission. In no case shall any person hold a position under a temporary
appointment for a period longer than six months without the unanimous
consent of the commission. All temporary appointments caused by leaves of
absence shall be made from the eligible list of the classified service. The commission shall
establish rules and regulations under which emergency appointments may be
made when those on the eligible list are not immediately available, and
fix the time for which such emergency appointments shall be valid;
provided, nothing contained in ORS 241.016 to 241.990 shall be construed
to change, alter or impair the power of any officer, as provided by law,
to command the assistance of the inhabitants of the county of the officer
in serving or executing, or overcoming resistance to the service or
execution of, any process, order or paper delivered to the officer for
execution or service. (1) Records of individual efficiency of
holders of positions under civil service shall be established and kept in
all departments of the county government. The records shall be made by
the appointing power, unless otherwise directed by the commission, and in
accordance with such regulations as the commission may prescribe. Copies
of the records shall be filed with the commission from time to time, as
it may require.
(2) The commission shall investigate all efficiency records and may
make its own records, and shall rate upon such records the item of
ascertained merit in examinations for promotion. The commission shall
establish and enforce regulations under which records of unsatisfactory
service may lead to reduction in grade and compensation and provide for
the manner in which persons falling below the standards of efficiency
fixed by its regulations may be removed, discharged or reduced in grade
or compensation.No appointment or promotion to any position in
the classified civil service of the county shall be made except in the
manner provided in ORS 241.016 to 241.990.(1) Notwithstanding any other
provision of ORS 241.016 to 241.990, any person under a civil service
system employed in the office of the sheriff or registered on the
eligible list is eligible for appointment as an undersheriff, deputy
undersheriff or administrative aide to the sheriff. If the deputy
sheriffs in the county are under civil service, only a deputy sheriff
serving in the law enforcement department of the office of the sheriff is
eligible for appointment as a deputy undersheriff.
(2) Any person appointed undersheriff, deputy undersheriff or
administrative aide to the sheriff, upon termination of such appointment,
shall be reinstated in the person’s previous rank on the eligible list or
in the person’s last held position at the salary rates prevailing for
such positions on the date of resumption of duty, without loss of
seniority or other employment rights and with service credit for the time
served as undersheriff or deputy undersheriff. [1963 c.331 §11; 1981 c.48
§7]LEAVES; TRANSFERS; REINSTATEMENT; SUSPENSION; DISMISSAL (1) Leave of absence for not more than
30 days, without pay, and without the consent of the commission, may be
granted by any appointing power to any person under civil service subject
to the authority of the appointing power. The appointing power shall give
immediate notice of such leave to the commission. Leaves of absence for
longer periods shall not be granted except by express permission of the
commission.
(2) Leaves of absence without pay for at least two years shall be
granted automatically to all regular employees who serve in the Peace
Corps as volunteers. Upon expiration of the leave the employee shall have
the right to be reinstated to the position held before the leave was
granted and at the salary rates prevailing for such positions on the date
of resumption of duty, without loss of seniority or other employment
rights. Failure of the employee to report within 90 days after
termination of service shall be cause for dismissal. [Amended by 1963
c.199 §4]No person shall be
reinstated in, or transferred, suspended or discharged from any position
contrary to the provisions of ORS 241.016 to 241.990. (1) The commission may
authorize the transfer of any person legally holding one position to a
similar position in the same classification or grade. The commission may
provide for the reinstatement within one year of persons separated from
positions in the civil service without fault or delinquency on their
part, if within that time there is need for their services.
(2) No transfer or reinstatement shall be made from a position in
one classification or grade to a position in another classification or
grade, nor shall a person be transferred to or reinstated in a position
for entrance to which there is required by ORS 241.016 to 241.990 or the
regulations adopted pursuant thereto, an examination involving essential
tests or qualifications different from or higher than those required for
original appointment to the position held by such person. Any appointing power may, without hearing or
trial, preemptorily suspend any subordinate for cause for a reasonable
period, not exceeding 30 days, with loss of salary or other compensation.
No suspension shall be made except upon written charges served upon the
accused and filed with the commission, with the privilege to the accused
of serving upon the appointing power a written answer and explanation of
such charges, and filing a copy of the same with the commission. No
suspension made by any appointing power pursuant to this section shall be
subject to review by the commission or any other tribunal. No appointing
power may suspend the same subordinate more than twice, or for a total of
more than 45 days, during any one year. The tenure of a person
holding a position under the provisions of ORS 241.016 to 241.990 shall
continue only during good behavior. Any person may be dismissed for any
of the following causes:
(1) Incompetency, inefficiency or inattention to or dereliction of
duty.
(2) Dishonesty, intemperance, immoral conduct, insubordination or
discourteous treatment of the public or of fellow employees.
(3) Any other willful failure of good conduct tending to injure the
public service.
(4) Any willful violation of the provisions of ORS 241.016 to
241.990 or the rules or regulations adopted pursuant thereto. No person in
the classified civil service who has been permanently appointed under ORS
241.016 to 241.990 shall be dismissed except for cause, and only upon the
written accusation of the appointing power or the commission. A written
statement of the accusation, in general terms, shall be served upon the
accused, and a duplicate filed with the commission. Employees may be
dismissed without a previous hearing except that persons who have been
employed in the county public service continuously for five or more years
shall be dismissed only after a hearing before the accusing authority. A dismissed employee may,
within 10 days from the time of dismissal, file with the commission a
written demand for an investigation. If the demand alleges, or if it
otherwise appears to the commission, that the dismissal was made for
political or religious reasons, or because of reasons of age as described
in ORS chapter 659A, or was not made in good faith for cause, the
commission shall conduct an investigation. The investigation shall be
confined to the determination of the question of whether the dismissal
was or was not made for political or religious reasons or because of
reasons of age as described in ORS chapter 659A and was or was not made
in good faith for cause. The burden of proof shall be upon the dismissed
person. [Amended by 1959 c.689 §8; 1977 c.770 §7; 2001 c.621 §72]All investigations pursuant to ORS 241.440 shall be by
public hearing, after reasonable notice to the accused of the time and
place of such hearing. At the hearing the accused shall be afforded an
opportunity of appearing in person and by counsel, and presenting the
defense of the accused. However, the right of the accused to a public
hearing and to representation by counsel shall not apply to any
preliminary trial or hearing before the accusing authority. After an
investigation, the commission may affirm the dismissal or if it finds
that the dismissal was made for political or religious reasons, or
because of reasons of age as described in ORS chapter 659A, or was not
made in good faith for cause, shall order the immediate reinstatement and
reemployment of the employee in the position from which the employee was
dismissed. Reinstatement shall be retroactive and entitle the dismissed
employee to pay or compensation from the time of dismissal. The
commission, upon investigation, in lieu of affirming the dismissal, may
modify the order of dismissal, 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 of the commission shall be
certified in writing to the appointing power and forthwith enforced by
the appointing power. [Amended by 1959 c.689 §9; 1977 c.400 §2; 1977
c.770 §8; 1993 c.778 §25; 2001 c.621 §73] No final judgment or order of
removal, discharge, suspension or demotion made with the unanimous
consent of the commission pursuant to ORS 241.450 shall be subject to
review by any tribunal.(1) If the judgment or order made pursuant to ORS 241.450 is
concurred in by only two members of the commission, the accused may
appeal to the circuit court of the county.
(2) The appeal shall be taken by serving upon the commission,
within 30 days after the date of the entry of such judgment or order, a
written notice of appeal, stating the grounds thereof, and demanding that
a certified transcript of the record and of all papers on file in the
office of the commission affecting or relating to such judgment or order
be filed by the commission with the court. The commission shall, within
10 days after the filing of such notice, make, certify and file such
transcript with the court.
(3) The circuit court shall thereupon proceed to hear and determine
such appeal in a summary manner, and its decision shall be final. The
hearing shall be confined to the determination of whether the judgment or
order of removal, discharge, demotion or suspension, made by the
commission, was or was not made for political or religious reasons, or
because of reasons of age as described in ORS chapter 659A, and was or
was not made in good faith for cause. No appeal to such court shall be
taken except upon such grounds. [Amended by 1959 c.689 §10; 1977 c.770
§9; 2001 c.621 §74]PROHIBITED CONDUCT AND ACTIVITIES No person shall:
(1) Alone or in cooperation with one or more persons, defeat,
deceive or obstruct any person in respect of the right of examination or
registration of the person according to the regulations prescribed by the
commission pursuant to ORS 241.016 to 241.990.
(2) Falsely mark, grade, estimate or report upon the examination or
proper standing of any person examined, registered or certified pursuant
to ORS 241.016 to 241.990, or aid in so doing, or make any false
representation concerning the same, or concerning the person examined.
(3) Furnish to any person any special or secret information for the
purpose of either improving or injuring the prospects or chances of any
person so examined, registered or certified, or to be examined,
registered or certified.
(4) Impersonate any other person, or permit or aid in any manner
any other person to impersonate the person, in connection with any
examination or registrations, or application or request to be examined or
registered. No public officer and no
person who is nominated or seeks nomination or appointment for public
office shall use, or promise to use, directly or indirectly, any official
authority or influence, whether then possessed or merely anticipated, in
the way of conferring upon any person, or in order to secure or aid any
person to secure, any office or appointment in the public service, or any
nomination, confirmation or promotion, or increase of salary, on
consideration that the vote, political influence or action of the last
named person or any other shall be given or used in behalf of any
candidate, officer or political party or association, or upon any other
corrupt condition or consideration. No public officer or employee, or
person having or claiming to have any authority or influence for or
affecting the nomination, public employment, confirmation, promotion,
removal or increase or decrease of salary of any public officer or
employee, shall corruptly use, or promise or threaten to use, any such
authority or influence, directly or indirectly, in order to coerce or
persuade the political vote or action of any citizen, or the removal,
discharge or promotion of any public officer or public employee, or upon
any corrupt consideration. As used in this section, the phrase “public
officer” includes all public officials within the county, whether paid
directly or indirectly from the public treasury of the United States, the
state or any civil division thereof, including counties and cities, and
whether by fees or otherwise; and the phrase “public employee” includes
every person not being an officer who is paid from any such treasury. (1) No
recommendation, other than those allowed by the rules of the commission,
in favor of any person who applies for any position under civil service,
or for examination or registration under ORS 241.016 to 241.990, except
as to residence, character, and, in case of former employees, as to
ability, when a recommendation as to character or ability is specifically
required by the rules, shall be given to or considered by any person
concerned in making any examination, registration, appointment or
promotion under ORS 241.016 to 241.990.
(2) No recommendation under ORS 241.016 to 241.990 shall relate to
the religious or political opinions, affiliations or services of any
person. No appointment, change in or removal from, any position under ORS
241.016 to 241.990 shall be affected or influenced in any way by such
opinions, affiliations or services.PENALTIES (1) Except as otherwise provided
in this section, willful violation of any of the provisions of ORS
241.016 to 241.990 is a misdemeanor and, upon conviction, is punishable
by a fine of not less than $25 nor more than $1,000, or by imprisonment
in the county jail for not longer than one year, or both.
(2) Willful false swearing in any hearing or investigation before
the commission, or designated commissioner, is perjury and punishable as
such.
(3) Violation of ORS 241.525 is punishable, upon conviction, by a
fine of not less than $50 nor more than $1,000 or imprisonment of not
less than 10 days nor more than two years, or both. In addition, if the
person convicted is a public officer of the state or any civil division
thereof, including counties and cities, the person shall be deprived of
office.
(4) The circuit court shall have jurisdiction of all offenses
defined by ORS 241.016 to 241.990. [Amended by 1983 c.740 §64]
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