Whenever any rural fire protection, water or sanitary
district becomes partially or wholly absorbed into a city which operates
under a system of civil service for its employees, notwithstanding the
civil service provisions of law or such city’s charter, the governing
body of the city may, at its option, provide for inclusion of any or all
the employees of the district as employees of the city under its civil
service system with or without civil service examinations, in a manner
determined by the exercise of the sound discretion of the governing body.ORS 242.310 to 242.640 and 242.990 (1) shall
be known as the Custodians’ Civil Service Law.
As used in ORS
242.310 to 242.640, unless the context requires otherwise:
(1) “Assistant custodian” means any employee who works under the
supervision of a custodian except those who:
(a) Work less than eight hours per day; or
(b) Work less than 12 months per year; or
(c) Receive an hourly rate of pay.
(2) “Board” means a civil service board created pursuant to ORS
242.330.
(3) “Custodian” means an employee of the school district who has
supervision of property, keeping it in sanitary condition and tending to
the cleaning and operation of heating plants and other necessary work by
way of care and labor to keep the physical plants of the school board in
maintenance and operation. [Amended by 1969 c.262 §1] (1) In all school districts having a
population of 300,000 or more persons according to the last federal
census, there is created a civil service board with jurisdiction over the
appointment, employment, classification and discharge of custodians and
assistant custodians in the employ of the school district.
(2) The board shall be composed of three commissioners. An
alternate for each commissioner may be appointed to serve in the
commissioner’s absence. The commissioners and alternates shall be
appointed by the school board of the district. [Amended by 1969 c.262 §2;
1975 c.770 §42; 1979 c.738 §1] To be eligible for
appointment to the board, a commissioner shall:
(1) Be an elector of the school district.
(2) Be a resident of the school district for at least five years
immediately preceding appointment.
(3) Be known to be devoted to the principles of civil service.
(4) Not be a member or employee of the school board. (1) Initial
appointments of the commissioners shall be as follows: One for two years,
one for four years and one for six years. Thereafter each appointment
shall be for a term of six years.
(2) The commissioners shall serve without compensation. (1) The school board may remove any
commissioner for just cause at any time.
(2) In the event of removal or of a vacancy caused by death or
resignation, the vacancy shall be filled by the school board within 10
days from the time of the vacancy. Such appointment shall be for the
unexpired term of the commissioner whose place is vacated. The civil service board shall
appoint a secretary, who shall keep a record of its proceedings, preserve
all reports made to it, superintend and keep a record of all examinations
held under its direction and perform such other duties as it may
prescribe. The secretary shall hold office during the pleasure of the
board, and shall receive a salary of not less than $50 per month, to be
paid by the school district. The school board shall provide
the civil service board with suitable and convenient rooms and
accommodations and cause the same to be furnished, heated, lighted and
supplied with all office supplies and equipment necessary to carry on the
business of the board. The school board also shall provide the civil
service board with such other clerical assistance as may be necessary. The civil service board may make appropriate rules
and regulations to carry out the provisions of the Custodians’ Civil
Service Law. The rules shall provide in detail the manner in which
examinations are to be held and appointments and removals made. The board
may, from time to time, change its rules. Any rules or regulations shall
be printed for distribution by the board, and 10 days’ notice of same
must be given by publication in a daily newspaper printed in the district
not less than 10 days before the rules or regulations go into effect. The board shall, on or
before January 1 of each year, make a report to the school board of the
district, showing its rules in force and the practical effect thereof,
and any suggestions it may have for a more effective accomplishment of
classified civil service. The board shall also provide a roster for all
employees under the Custodians’ Civil Service Law and make such other
reports and recommendations as it deems advisable. The board shall keep on
file all examination papers and markings thereof for a period of at least
five years and all other papers and documents and communications received
by it. All records shall be public and, as such, accessible at convenient
times.The board may make any appropriate investigation to
carry out the purposes of the Custodians’ Civil Service Law. In
connection therewith, any member of the board may administer oaths, issue
subpoenas to witnesses and compel their attendance at examinations, and
examine books, papers and records and compel their production by
witnesses in the same manner as if the subpoenas had been issued from a
court of record in this state. The civil service board shall classify,
with relation to the character of work and the compensation attached
thereto, all positions in the service of the school board within the
district including those under the supervision of a custodian except
those described in ORS 242.320 (1)(a), (b) or (c). The positions so
classified shall constitute the classified civil service of the school
district. [Amended by 1979 c.738 §2] (1) No appointment or
promotion to any position shall be made except as provided in the
Custodians’ Civil Service Law. All appointments to beginning employment
positions in the classified civil service shall be made according to
fitness, to be ascertained by open competitive examinations. All
promotions in the classified civil service shall be made according to
merit in service, fidelity in service and seniority in service.
(2) No person shall be appointed or employed by a school board
under any title not appropriate to the duties to be performed.
(3) The appointing authority shall immediately notify the board of
any appointment or discharge. [Amended by 1969 c.262 §3] The board shall, from
time to time, hold public competitive examinations to ascertain the
fitness of applicants for beginning employment positions of the
classified civil service. The board shall control those examinations and
may designate any person to act as examiner without compensation.
[Amended by 1969 c.262 §4] Examinations shall be practical
in character and relate only to those matters which test the relative
fitness of the persons examined to discharge the duties for the
respective positions for which they are applicants. The examinations
shall include a test for physical qualifications, health and manual or
professional skill. Nothing relating to an applicant’s political or
religious opinion or affiliation shall be asked or given. The civil service
board may require an applicant for a custodial position to furnish
evidence satisfactory to the board of good character, mental and physical
health, and such other evidence as it may deem necessary to establish the
applicant’s fitness, including any information concerning a criminal
conviction for a crime involving the possession, use, sale or
distribution of a controlled substance, sexual misconduct listed in ORS
342.143 (3), theft or a crime of violence. The board shall not approve
the employment of any applicant unless the board is satisfied that the
applicant poses no danger to school children. [Amended by 1969 c.262 §5;
1979 c.738 §3; 1979 c.744 §11] (1) The
board shall prepare and keep a register for each grade or class of
positions of the persons whose average standing, upon examination for
such grade or class, is not less than the minimum fixed by the rules of
the board, and who otherwise are eligible. Such persons shall take rank
upon the register as candidates for beginning employment positions in
order of their relative excellence, as determined by the examination.
Candidates of equal standing shall take rank upon the register according
to the order in which their applications are filed. The board may, by
rule, provide for striking candidates from the register, after they have
remained thereon for a specified time.
(2) The board shall prepare and keep a register for each grade or
class of positions of the persons eligible for promotion. Such register
shall contain information concerning merit in service, fidelity in
service and seniority in service. Such persons shall take rank upon the
register as candidates for promotion in order of their relative
excellence, as determined by merit in service, fidelity in service and
seniority in service. Candidates of equal standing shall take rank upon
the register according to the order in which their applications are
filed. [Amended by 1969 c.262 §6] (1)
Whenever there is a vacancy in any position in the classified civil
service, the school board, or its designated representative, immediately
shall notify the civil service board thereof.
(2) The civil service board thereupon shall certify to the
appointing authority the names and addresses of the three eligible
candidates standing highest upon the register for the class or grade to
which such position belongs. If there are fewer than three, the board
shall certify all remaining candidates upon the register. When vacancies
exist in two or more positions of the same class in the same department
at the same time, the board may certify a smaller number than three
candidates for each position, but those certified must be eligible
candidates standing highest upon the register.
(3) The board may, by rule, limit the number of times the same
candidate is certified to the appointing authorities.
(4) The appointing authority may require the candidates certified
to come before the appointing authority for interview. When the
candidates are applicants for beginning employment, the appointing
authority shall be entitled to inspect their examination papers. [Amended
by 1969 c.262 §7; 2005 c.22 §184] Each person appointed to a vacant position shall
be on probation for a period of one year from the date of hire. Within
that time the person may be discharged and another candidate appointed in
like manner. [Amended by 1979 c.738 §4] (1) The appointing authority must
make a permanent appointment from the list of candidates certified by the
board, unless, upon reasons signed in writing by the appointing
authority, the board consents to and certifies a new list of candidates.
If a person on probation is not dismissed during the probationary period
the appointment is deemed permanent.
(2) All persons employed as custodians and assistant custodians in
a school district on the date the Custodians’ Civil Service Law becomes
effective as to such school district shall be permanent employees without
examination and shall be so appointed by the board. In cases of emergency, to prevent
delay or injury to the property of the school district or of the public
business, the appointing authority may fill any position temporarily but
not for longer than 30 days. Any appointing authority of the
school district may suspend any person within the classified service for
any cause for a period of not exceeding 30 days. If any employee in the
classified service is suspended by reason of the closing of a school or
lack of work to be done, the employee again shall be placed on the
eligible list of the civil service board and shall have the first
preference in the filling of any vacancy and shall be appointed according
to seniority. If the school board opens any closed school, the employees
employed in the building shall have first preference to their previous
place of appointment. No employee in the classified civil service who
has been permanently appointed, shall be dismissed except for cause. A
written statement of the cause of dismissal, in general terms, shall be
served upon the dismissed employee and a duplicate filed with the board.
A dismissal may be made without any hearing but any employee so removed
may, within 10 days thereafter, file with the board a written demand for
investigation. If the demand alleges, or it otherwise appears to the
board, that the discharge or removal was for political or religious
reasons, or for reasons of age as described in ORS chapter 659A, or was
because of personal favoritism or was not in good faith nor for the
purpose of improving the public service, an investigation shall be held
by the board or by persons appointed by them and under their direction.
[Amended by 1959 c.689 §11; 1977 c.770 §10; 2001 c.621 §75] (1) The investigation
pursuant to ORS 242.620 shall be confined to determining whether the
dismissal was or was not for political or religious reasons, or because
of reasons of age as described in ORS chapter 659A, or was not made in
good faith for the purpose of improving public service.
(2) If the board finds that the employee is entitled to
reinstatement, it shall report its findings in writing to the school
board, whereupon the employee shall be reinstated.
(3) If the board finds that the employee was properly discharged,
the employee shall have a right of appeal from the board’s decision to
the circuit court for the county in which the district lies. Appeals
shall be perfected by service of notice of appeal upon the secretaries of
the civil service board and school board, together with a copy of the
decision of the civil service board certified to be a correct copy by the
secretary thereof, whereupon the same shall be filed with the clerk of
the court. [Amended by 1959 c.689 §12; 1977 c.400 §3; 1977 c.770 §11;
1993 c.778 §26; 2001 c.621 §76]An employee in the classified civil service
who has been duly dismissed for cause shall not be eligible for
examination for appointment without the approval of the civil service
board. Approval shall not be granted unless the board on evidence
presented by applicant finds that the condition resulting in dismissal
has been corrected and is unlikely to recur. [1979 c.738 §6] No person shall:
(1) Willfully or corruptly or in cooperation with one or more
persons, defeat, deceive or obstruct any person with respect to the right
of the individual to examination or registration according to the
regulations prescribed by the civil service board pursuant to the
Custodians’ Civil Service Law.
(2) Willfully or corruptly falsely mark, grade, estimate or report
on an examination the proper standing of any person examined, registered
or certified according to any regulation prescribed pursuant to the
Custodians’ Civil Service Law, or aid in so doing.
(3) Willfully or corruptly make any false representations
concerning the examination, certification and registration or concerning
the persons examined, registered or certified.
(4) Willfully or corruptly furnish to any person any special or
secret information for the purpose of either improving or injuring the
prospects or chances of any person so examined, registered or certified,
or to be examined, registered or certified.
(5) Permit any other person or permit or aid in any other manner,
any other person to impersonate the individual in connection with any
examination, registration or application, or request to be examined or
registered.
(6) Make an appointment to any position contrary to the Custodians’
Civil Service Law, or refuse or neglect to comply therewith.CIVIL SERVICE FOR FIREFIGHTERS(Generally) As used in ORS
242.702 to 242.824, unless the context requires otherwise:
(1) “Appointing power” includes every person or group of persons
who, acting singly or as a board, council or commission, are vested with
authority to select, appoint or employ any person to hold any position
subject to civil service under ORS 242.702 to 242.824.
(2) “Appointment” includes all means of selecting or employing any
person to hold any position subject to civil service under ORS 242.702 to
242.824.
(3) “Civil service” means the civil service system established
under ORS 242.702 to 242.824.
(4) “Commission” means a civil service commission created under ORS
242.702 to 242.824.
(5) “Commissioner” means a member of the civil service commission
created under ORS 242.702 to 242.824.
(6) “Employees” means persons whose principal duties consist of
preventing or combating fire or preventing the loss of life or property
from fire.
(7) “Fire department” means any organization maintained by any
political subdivision for the purpose of preventing or combating fire.
(8) “Governing body” means the council or city commissioners of a
city, the county court or board of county commissioners of a county, the
board of directors of a rural fire protection district, the board of
commissioners of a domestic water supply corporation and the county court
or board of county commissioners acting under ORS 476.310 to 476.340 for
the purposes of preventing and controlling fire on zone 2 rural lands.
(9) “Political subdivision” means any city, county, municipal
corporation, rural fire protection district, domestic water supply
corporation or organization authorized under ORS 476.310 to 476.340 to
combat fire on zone 2 rural lands which employs four or more full-time
firefighters, not including the chief of the fire department.
(10) “Position” includes any office, place or employment. [1959
c.252 §1](1) ORS 242.702 to 242.824 do not apply to any
political subdivision which under its charter, ordinances or regulations
has a civil service system covering the employees of its fire department
which substantially accomplishes the general purposes of ORS 242.702 to
242.824. However, such political subdivision shall retain such exemption
only so long as the civil service system upon which the exemption is
based remains in effect.
(2) The civil service shall include all employees of the fire
department of a political subdivision which employs four or more
firefighters on a full-time basis, not including the chief. The governing
body of the political subdivision shall decide whether the chief may be a
member of the civil service. [1959 c.252 §§2,19; 1981 c.494 §1](Civil Service Commission)(1) There hereby is created in each political subdivision
subject to ORS 242.702 to 242.824 a civil service commission composed of
three members appointed or confirmed by the governing body of the
political subdivision according to its charter, ordinances or
regulations. If the political subdivision has an elected fire commission,
the members of the civil service commission shall be appointed by the
fire commission subject to confirmation by the governing body of the
political subdivision.
(2) The term of office of a member of the civil service commission
is four years, and each shall serve without compensation. [1959 c.252 §3] No member of the
commission shall be a member of the governing body or an employee of the
political subdivision subject to ORS 242.702 to 242.824, except that any
commissioner may serve as a member of any other civil service commission.
The persons appointed shall be known to believe in the principles of
civil service. [1959 c.252 §5] The governing body or fire
commission which appoints commissioners may remove any commissioner for
incompetency, dereliction of duty or other good cause, after giving due
notice in writing of the charges against the commissioner and an
opportunity to be heard publicly on such charges before the body which
appointed the commissioner. A copy of the charges and a transcript of the
record of the hearing shall be filed with the governing body of the
political subdivision. [1959 c.252 §6] (1)
Immediately after the appointment of all of its members the commission
shall elect a chairperson. The commission shall hold such meetings as may
be required for the proper discharge of its duties with a meeting at
least once every 90 days and such additional meetings as are requested by
any commission member. Any person subject to civil service may request a
special meeting of the commission, which request shall be granted when
good cause is shown therefor.
(2) Two members of the commission shall constitute a quorum, and
the votes of any two commissioners concurring shall be sufficient for
decision in all matters and transactions under ORS 242.702 to 242.824.
[1959 c.252 §§7,8] (1) The commission
shall prepare and submit a budget to the governing body of the political
subdivision prior to each fiscal year for which an appropriation is
needed to carry out the provisions of ORS 242.702 to 242.824.
(2) The governing body of each political subdivision shall
appropriate sufficient funds to carry out the provisions of ORS 242.702
to 242.824. [1959 c.252 §43] (1) In
accordance with the requirements of subsection (2) of this section, the
commission shall appoint a chief examiner who may act as the commission’s
secretary. The chief examiner, or any other person appointed as
secretary, shall keep records of the commission’s proceedings, preserve
all reports made to it, keep a record of all examinations and
investigations held or made under the direction of the commission, and
perform such other duties as it may prescribe.
(2) Except as provided in subsection (3) of this section, the chief
examiner shall be subject to the civil service system established under
ORS 242.702 to 242.824 and shall be appointed as a result of a
competitive examination open to all properly qualified citizens of the
political subdivision.
(3) Any existing civil service secretary or examiner of any
political subdivision within this state may be designated as examiner and
retained by the commission, if the person holds the position by reason of
a competitive civil service examination.
(4) The commission may enter into contracts with any civil service
commission or board in this state for the purpose of having such board or
commission conduct the examinations required or authorized by ORS 242.702
to 242.824. [1959 c.252 §9] The governing
body of every political subdivision subject to ORS 242.702 to 242.824
shall:
(1) Supply the commission with all office supplies, equipment and
space necessary to carry on the business of the commission.
(2) Provide the commission with such clerical assistance as the
commission may consider necessary. [1959 c.252 §10] All
officers of the political subdivision shall:
(1) Aid in all proper ways in carrying out the provisions of ORS
242.702 to 242.824 and such rules and regulations as may, from time to
time, be prescribed by the commission.
(2) Afford the commission, its members and employees, all
reasonable facilities and assistance in inspecting books, papers,
documents and accounts relating to positions subject to civil service.
(3) Produce such books, papers, documents and accounts and testify,
whenever required to do so by the commission or any commissioner. [1959
c.252 §11]
(1) The commission shall keep on file all examination papers and their
markings, records in commission hearings and all other papers, documents
and communications received by it. Except for examination papers all such
reports and files of the commission shall be public records and
accessible at reasonable and convenient times. Examination papers shall
be accessible only to the commissioners and members of the governing
body; provided, that a person who takes an examination under the
provisions of ORS 242.702 to 242.824 shall have access to the examination
papers of the person.
(2) The commission shall retain and may destroy the public records
described in subsection (1) of this section as follows:
(a) Original examination papers and their markings and original
records in commission hearings shall be retained for at least four years
and thereafter may be destroyed if microfilmed copies are retained.
(b) Original or microfilmed copies of all other papers, documents
and communications shall be retained for at least four years and
thereafter may be destroyed. [1959 c.252 §13] (1) The commission shall
make suitable regulations not inconsistent with ORS 242.702 to 242.824 to
carry out the provisions thereof. The regulations shall provide in detail
the manner in which examinations shall be held, and appointments,
promotions, demotions, transfers, reinstatements, suspensions and
discharges shall be made. The rules and regulations together with all
amendments thereto shall be posted in the fire department and shall be
available for inspection in the secretary’s office for public inspection.
The rules and regulations shall not limit the personal citizenship rights
of any members of the fire department.
(2) The chief examiner or the agency designated by the commission
shall conduct such examinations as necessary. The commission shall assess
such weights on examinations as they deem necessary. [1959 c.252 §14;
1997 c.359 §2](Investigations; Hearings; Actions)(1) When any resident of the political subdivision or any
person subject to civil service alleges in a verified petition that an
abuse or abuses of the provisions of ORS 242.702 to 242.824 exist, the
commission shall:
(a) Investigate the enforcement and effect of the provisions of and
the regulations prescribed under ORS 242.702 to 242.824.
(b) Inspect all positions affected by ORS 242.702 to 242.824, cited
by the petition.
(c) Ascertain whether ORS 242.702 to 242.824 and the regulations
are being obeyed.
(d) Make a public report upon all matters investigated under ORS
242.702 to 242.824.
(2) The commission may, upon its own initiative, make any
investigation which it deems advisable. [1959 c.252 §15; 1989 c.171 §33](1) In the course of
an investigation, the commission may administer oaths, subpoena witnesses
and compel the production of books, papers, documents and accounts
pertinent to the investigation. Attendance of witnesses, either with or
without books, papers, documents or accounts, may not be compelled unless
such witnesses are personally served with subpoena.
(2) The commission may cause the deposition of witnesses residing
within or without the state to be taken in the manner prescribed by law
for like depositions in civil suits and actions.
(3) If a person refuses to attend to give testimony or produce
books, papers, documents or accounts, pursuant to a subpoena issued under
this section, the circuit court of the county in which the political
subdivision is located, upon petition of the commission, shall compel
obedience to the subpoena and shall punish refusal to obey or to testify
in the same manner as a refusal to obey a subpoena or to testify pursuant
to a subpoena issued from the circuit court. [1959 c.252 §16] Every person served with a subpoena requiring
attendance before the commission shall be entitled to the fees and
mileage as are allowed by law to witnesses in ORS 44.415 (2), except that
no person shall be entitled to any fees or mileage who is employed in the
public service of the political subdivision in which the person is called
as a witness. The fees and mileage allowed by this section need not be
prepaid, but the governing body of the political subdivision shall
provide for payment thereof when certified by the commission. [1959 c.252
§17; 1989 c.980 §10d]
(1) All hearings and investigations before the commission are governed by
ORS 242.702 to 242.824 and by the rules and practice of procedure adopted
by the commission; and in the conduct thereof, the commission is not
bound by the rules of evidence.
(2) No informality in any hearing or investigation, or in the
manner of taking testimony, shall invalidate any order, decision, rule or
regulation made, approved, or confirmed by the commission. [1959 c.252
§18]
The commission may conduct any civil suit or action which may be
necessary for the proper enforcement of ORS 242.702 to 242.824 and the
rules of the commission. The commission shall be represented in such
proceedings by the chief legal officer of the political subdivision. If
the chief legal officer is absent or unable to act, or a vacancy exists
in the office, or no such office exists in the political subdivision, the
commission may in any case be represented by special counsel appointed
and retained by it. [1959 c.252 §12](Payroll) (1) The
commission shall certify in writing to the payroll officer of the
political subdivision:
(a) The name of each person appointed or employed in the civil
service, stating in each case the title or character of the position held
by such person, the salary or compensation assigned, and the date of the
beginning of the person’s service.
(b) Every change occurring in any position held by any person in
the civil service.
(2) The certifications shall be made by the civil service
commission annually.
(3) The commission shall notify any officer or employee of the
political subdivision authorizing, drawing, signing, countersigning,
issuing or honoring any warrant or order for the payment of salary or
compensation to an employee subject to civil service of the names of any
persons employed in violation of ORS 242.702 to 242.824 or the
regulations established under ORS 242.702 to 242.824. [1959 c.252 §22]
(1) No officer or employee of the political subdivision shall authorize,
draw, sign, countersign, issue or honor any warrant or order for the
payment of, or pay, any salary or compensation to any person in a
position subject to civil service who is not certified by the commission
as provided in ORS 242.736. Any person entitled to be certified may
maintain a proceeding by mandamus to compel the issuance of such
certificate.
(2) Any sums willfully paid contrary to the provisions of this
section may be recovered in an action in the name of the political
subdivision from any officer authorizing, drawing, signing,
countersigning, issuing or honoring any warrant or order for the payment
thereof, and from the sureties on the official bond of the officer. The
expenses of the action may be paid from the amounts recovered therein.
[1959 c.252 §23](Civil Service Positions)(1) Except as otherwise expressly provided in ORS
242.702 to 242.824, the appointment and promotion of all persons to all
civil service positions shall be made solely upon merit, efficiency, and
fitness, which shall be ascertained by open competitive examination and
investigation among qualified personnel.
(2) All civil service positions in the political subdivision shall
be created by the governing body of the political subdivision, and the
governing body shall fix the compensation of all employees employed in
civil service positions. In the creation of each civil service position,
and in determining the amount of compensation thereof, the governing body
shall give due consideration to the recommendation of the civil service
commission and the appointing power. [1959 c.252 §25] (1) The commission shall
classify, with reference to the examinations provided for in ORS 242.702
to 242.824, all positions in the civil service. The classifications shall
be based upon the functions of the positions and the compensation
attached thereto.
(2) 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 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. No person shall be promoted or advanced
to a higher classification by such change without being eligible for
appointment to such higher classification by reason of the position of
the person on the promotion register. [1959 c.252 §26](1) All persons employed in positions subject to civil
service at the time such position first becomes subject to civil service,
and who have been employed by the political subdivision continuously for
a period of at least six months preceding the date when that position
became subject to civil service, and who are citizens of the United
States hereby are inducted permanently into civil service in the
positions then held as if such persons had been permanently appointed
under civil service after examination and investigation.
(2) All persons who hold positions subject to civil service in any
political subdivision at the time such position first becomes subject to
civil service but who are not eligible for induction into civil service
as provided for in subsection (1) of this section shall continue to hold
their positions until replaced by persons appointed under civil service.
(3) Within 10 days after a position first becomes subject to civil
service, the appointing power for that position shall file with the
treasurer, auditor, comptroller or similar officer of the political
subdivision a statement giving the names, residence, occupation, length
of continuous service and compensation of each person holding that
position, declaring whether each person is or is not eligible for
induction into civil service as provided in subsections (1) and (2) of
this section, and certifying as to the citizenship status of each such
person.
(4) Within 60 days after any position first becomes subject to
civil service, the commission shall classify such position. Within 90
days after a position first becomes subject to civil service, the
commission shall hold an examination to fill any positions not filled by
persons inducted into civil service as provided in subsection (1) of this
section. [1959 c.252 §24](Examinations) (1) The commission shall hold public
competitive examinations to ascertain the fitness of applicants for all
positions in the civil service. Entrance examinations shall be given at
least every 30 months. Promotional examinations shall be given as
provided in ORS 242.762 (2). Notice of time, place and general scope of
every examination shall be given by the commission once a week for two
consecutive weeks by publication in a newspaper of general circulation in
the political subdivision. Notices shall be posted in at least three
public places in the political subdivision, one of which shall be the
office of the commission, for not less than two weeks before the
examination.
(2) Except where other arrangements are made under ORS 242.716 (4),
the chief examiner shall supervise all examinations and shall designate
the persons who shall act as examiners at any examination. No person
subject to the civil service system established under ORS 242.702 to
242.824, other than the chief examiner, shall be designated as an
examiner in the political subdivision by which the person is employed.
When a person in the public service of the political subdivision is
designated as examiner, the person shall act as such without extra
compensation.
(3) 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. Tests of physical fitness and manual skill shall be
included in the entrance examination.
(4) No question in any examination shall relate to political or
religious preference, affiliation, opinion or services. [1959 c.252 §27] Examinations
shall be given only to persons who possess such qualifications as to
residence, age, health, education, citizenship, habits and moral
character as are prescribed by the rules of the commission. [1959 c.252
§28] (1) Promotional examinations
shall be given to those who desire to offer themselves for such
examination and are in the qualified classifications or grades as
determined by the commission. The regulations adopted for examination of
applicants for promotion shall, as nearly as may be, follow the
regulations governing the examination of applicants for original
appointment.
(2) When there are four or more positions in a promotive grade or
classification, promotional examinations for each such grade or
classification in the civil service shall be given at least every 30
months and at such other times when there are no candidates eligible for
promotion on the eligible register.
(3) When there are less than four positions in a promotive grade or
classification, promotional examinations for each such grade or
classification in the civil service shall be given at such times as it is
necessary to establish an eligible register to carry out the provisions
of ORS 242.702 to 242.824 as it applies to such grade or classification.
[1959 c.252 §29](Appointment of Candidates) (1) The commission shall
prepare and keep a register for each grade and classification in the
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 the register, as candidates, in the
order of their relative standing as determined by examination and
investigation. Candidates of equal standing shall take rank upon the
register according to the order in which their applications were filed.
No entrance or promotion register shall be kept in effect for longer than
30 months from the effective date thereof.
(2) The current entrance register shall be headed by the names of
persons who have been regular employees and who were laid off from their
positions for reasons other than fault or delinquency on their part. The
current promotion register shall be headed by the names of persons who
have been regular promoted employees and who were demoted from their
positions for reasons other than fault or delinquency on their part. The
order of the names of such persons shall be such that the name of the
person who was last laid off or demoted is first on the register.
(3) Only one entrance register and one promotion register shall
exist at any time for each grade and classification in the civil service.
No promotion register shall be canceled unless it has been exhausted or
has been in existence for at least 30 months. The entrance register shall
not be canceled unless it has been exhausted or has been in existence for
at least 12 months. [1959 c.252 §30](1) The appointing
power shall appoint one of the certified candidates to the vacant
position, on probation for a period of 12 months. If the appointing power
considers the certified candidates unqualified for the vacant position it
may reject the names of the certified candidates for appointment by
submitting a written statement of the reasons for the rejection to the
commission. The commission shall investigate and decide on the validity
of the reasons submitted. Religious, racial and political reasons shall
not be considered as valid reasons for rejection.
(2) If the rejection of the appointing power is approved by the
commission, the commission shall immediately certify to the appointing
power the name and address of the next eligible candidate standing
highest upon the register for the classification and grade to which the
position belongs, and return the name of the rejected candidate to the
same position on the eligible register from which the candidate was
certified. The appointing power and the commission shall proceed in this
manner for all rejected candidates until a qualified candidate is found
for the vacant position.
(3) If the rejection of the appointing power is not approved by the
commission, the commission shall immediately notify the appointing power,
in writing, that the reasons for rejection of the certified candidate or
candidates are not sufficient for rejection, and upon receipt of this
notice from the commission, the appointing power shall immediately
appoint the certified candidate in question to the position for which the
candidate was originally certified.
(4) If the person on probation is a new appointee, the appointing
power may discharge that person without regard to ORS 242.798 to 242.804
and in a like manner appoint another certified candidate and so continue
until a qualified candidate has been found.
(5) If the person on probation has been promoted, the appointing
power may demote such person only for cause specified in ORS 242.796, and
in the manner provided in ORS 242.798 to 242.804. If the reasons for such
demotion are deemed insufficient by the commission, the demoted candidate
shall, notwithstanding such demotion, be restored to the promoted
position upon such conditions or terms as may be imposed by the
commission.
(6) If a person who has taken a promotional examination and 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 in such
lower classification or grade. [1959 c.252 §32] (1) The
appointing power shall make permanent appointments from the list of
candidates certified. If any probationer is not discharged during the
period of probation, the appointment is permanent.
(2) When there is no candidate upon the entrance register 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 more than three months. No
classified position shall be filled by a temporary appointment for more
than three months in any calendar year.
(3) The commission shall establish rules and regulations under
which temporary appointments may be made. Temporary appointments shall be
valid only until there are available candidates on the register. No
temporary appointment shall be made to fill any position for which a
promotional examination is given and an eligible register maintained.
[1959 c.252 §33] Whenever there is a vacancy in any position in
the civil service, the appointing power shall immediately notify the
commission of the vacancy. The commission shall thereupon certify to the
appointing power:
(1) If the vacancy be in an entrance position, the names and
addresses of the three candidates standing highest upon the entrance
register. When more than one vacancy is to be filled, the number of names
submitted shall equal the number of vacancies plus two.
(2) If the vacancy be in a promotive position, the names and
addresses of the two candidates standing highest upon the register for
the classification or grade to which the position belongs. When more than
one vacancy is to be filled the number of names submitted shall equal the
number of vacancies plus one. [1959 c.252 §31] 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 beginning of service and the salary
or compensation therefor.
(2) Report to the commission, on the date of official action or
knowledge of each case, every change in the position of any person
covered by ORS 242.702 to 242.824.
(3) Furnish such other information to the commission as may be
required in order to keep the roster mentioned in ORS 242.774. [1959
c.252 §20](Miscellaneous) The commission shall keep in its
office an official roster of all persons holding civil service positions
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
beginning, change or termination of service and the nature of the duties
performed, 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 anyone desiring to inspect it all such matters as
to each position subject to civil service and each person employed
therein. [1959 c.252 §21] Leave of absence for not more than 90
days without pay, and without consent of the commission, may be granted
by the appointing power to any person subject to civil service. Such
leave shall not in any way prejudice the rights or privileges of a person
subject to civil service. Leave of absence for longer periods may be
granted by the governing body of the political subdivision as governed by
its rules and regulations. The appointing power or governing body shall
give immediate notice of such leave to the commission. [1959 c.252 §34] (1) The appointing power may
authorize the transfer or reinstatement of any person holding one
position to a similar position in the same classification or grade.
(2) No transfer or reinstatement shall be made from a position in
one classification or grade to a position in another classification or
grade. [1959 c.252 §35](Discipline)(1) The tenure of persons subject to civil service
shall continue during good behavior and such persons may be dismissed,
demoted, suspended without pay or deprived of special privileges only for
the following causes:
(a) Incompetency, inefficiency or inattention to or dereliction of
duty.
(b) Dishonesty, intemperance, addiction to drugs or controlled
substances, immoral conduct, insubordination or discourteous treatment of
the public or of fellow employees.
(c) Any other willful failure of good conduct tending to injure the
public service.
(d) Any willful violation of the provisions of ORS 242.702 to
242.824 or the rules or regulations adopted under ORS 242.702 to 242.824.
(e) Conviction of a felony or a misdemeanor involving moral
turpitude.
(f) The willful giving of false information or withholding
information, with intent to deceive, when making application for entrance.
(2) No person shall be dismissed, demoted, suspended without pay or
deprived of special privileges for political, racial or religious
reasons. [1959 c.252 §36; 1979 c.744 §12; 1997 c.359 §3]No person subject to civil
service who has been permanently appointed under ORS 242.702 to 242.824
shall be dismissed, demoted, suspended without pay or deprived of special
privileges except for cause, and then only upon the signed written
accusation of the appointing power. A written statement of the accusation
in general terms shall be served upon the accused, and a duplicate shall
be filed with the commission. [1959 c.252 §37]Any permanent employee who has been dismissed, demoted,
suspended without pay or deprived of special privileges may, within 10
days, file with the commission a signed written demand for an
investigation. If the demand alleges, or if it otherwise appears to the
commission, that the dismissal was not made in good faith for cause, the
commission shall conduct an investigation and hold a public hearing, such
hearing to be within 30 days from the time appeal is filed. Appellant may
be represented by counsel or any representative of appellant’s own
choosing. The investigation shall be confined to the determination of the
question of whether the dismissal was made in good faith for cause. [1959
c.252 §38] After an investigation and public
hearing, the commission may affirm or modify the action taken by the
appointing power, or if it finds that the dismissal was not made in good
faith for cause, the commission shall order the immediate reinstatement
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 or special privileges from the time of dismissal. The
findings of the commission shall be certified in writing to the
appointing power and immediately enforced by it. [1959 c.252 §39; 1977
c.400 §4; 1993 c.778 §27]
(1) Any decision of the commission affecting any permanent employee or
employees subject to ORS 242.702 to 242.824 may be appealed to the
circuit court of the county in which the office of the appointing power
or the commission is located, and the court shall hear the appeal.
(2) The appeal, if taken by either an employee or by the appointing
power, 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 hear and determine such appeal in a
summary manner. The hearing shall be confined to the determination of
whether the order of removal, discharge, demotion or suspension made by
the commission was made in good faith for cause. No appeal to such court
shall be heard except upon such grounds.
(4) If an appeal is taken the prevailing party shall be allowed
costs and disbursements on appeal. [1959 c.252 §40; 1965 c.296 §1](Prohibited Conduct) No person shall:
(1) Alone or in cooperation with one or more persons defeat,
deceive or obstruct any person in respect to the right of that person of
examination or registration according to the regulations prescribed by
the commission under ORS 242.702 to 242.824.
(2) Falsely mark, grade, estimate or report upon the examination or
proper standing of any person examined, registered or certified pursuant
to ORS 242.702 to 242.824, 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 individual in connection with any
examination or registration or application or request to be examined or
registered. [1959 c.252 §41](Contributions or Services for Political or Religious Purposes)No person holding any position subject to civil
service is under any obligation to contribute to any political or
religious fund or to render any political service to any person or party.
No person shall be removed, reduced in grade or salary or otherwise
prejudiced for refusing to do so. No person shall discharge, promote,
demote or in any manner change the official rank, employment or
compensation of any person subject to civil service or promise or
threaten to do so for giving, withholding or neglecting to make any
contribution of money or services or any other valuable thing for any
political, racial or religious purpose. [1959 c.252 §42; 1997 c.359 §1]PENALTIES (1) Violation of any of the provisions of the
Custodians’ Civil Service Law is a misdemeanor.
(2) Willful violation of any of the provisions of ORS 242.720,
242.738, 242.768, 242.772, 242.792, 242.822 and 242.824 is a misdemeanor.
[Subsection (2) enacted as 1959 c.252 §45]
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