ORS Chapter 240 - Oregon Statutes

Chapter 240 — StatePersonnel Relations

 

2009 EDITION

 

 

STATEPERSONNEL RELATIONS

 

PUBLICOFFICERS AND EMPLOYEES

 

ADMINISTRATIVEPROVISIONS

 

240.005     Shorttitle

 

240.010     Purposeof chapter

 

240.011     Policyon public service contracts; review

 

240.012     Jobsharing; policy statement

 

240.013     Job-sharingpositions; adjustment of benefits and detriments

 

240.015     Definitions

 

240.055     PersonnelDivision

 

240.057     Administratorof Personnel Division; appointment

 

240.060     EmploymentRelations Board; qualification of members; outside activities

 

240.065     Appointment;terms; vacancies

 

240.071     Compensationand expenses of members

 

240.075     Removalof members

 

240.080     Chairpersonappointed by Governor; meetings; quorum; hearings

 

240.086     Dutiesof board; rules

 

240.088     Reviewof arbitration awards after written exceptions filed

 

240.100     Administeroaths; subpoena witnesses; compel production of papers

 

240.105     Useof public facilities of state or municipalities

 

240.115     Actionto secure compliance with chapter

 

240.123     Boardpersonnel; executive secretary of board; general counsel

 

240.131     EmploymentRelations Board Administrative Account

 

240.145     Dutiesof administrator; rules

 

240.160     Agencypersonnel officers

 

240.165     Costof operating Personnel Division divided among various agencies of stategovernment

 

240.167     Costof operating Employment Relations Board divided among various divisions ofstate government

 

240.170     OregonDepartment of Administrative Services Operating Fund

 

240.185     Maximumnumber of state employees; applicability; exceptions

 

CATEGORIESOF SERVICE; CLASSIFICATION AND COMPENSATION PLANS

 

240.190     Policyon comparability of value of work and compensation and classification

 

240.195     Categoriesof positions in state service

 

240.200     Exemptservice

 

240.205     Unclassifiedservice

 

240.210     Classifiedservice

 

240.212     Managementservice

 

240.215     Classificationplan; job share; career ladder; transfers

240.217     Certainreclassifications prohibited

 

240.227     Salaryfor legislator appointed to exempt, unclassified or management service

 

240.235     Compensationplan for classified service

 

240.240     Applicationof chapter to unclassified or management service

 

240.245     Applicationof chapter to exempt service

 

240.250     Rulesapplicable to management service

 

METHODOF SELECTING EMPLOYEES FOR SERVICE IN CLASSIFIED POSITIONS

 

240.306     Recruitment,selection and promotion of state employees; criteria; procedures; duties ofdepartment

 

240.307     Procedurefor enforcement of ORS 240.309; rules

 

240.309     Temporaryappointments; limitations; duration; extension; periodic reports; post-auditreview; investigation; exceptions

 

240.311     Delegationof authority and responsibility by division; post-audit review

 

240.316     Trialservice; regular status; procedures for transfer, demotion and separation ofemployees

 

240.321     Collectivebargaining; effect of collective bargaining agreements on personnel rules;grievance procedures

 

240.395     Suspensionof merit system in emergencies; reinstatement

 

240.400     Designationby appointing authority of staff employees to act as alternates

 

REMOVALDURING TRIAL SERVICE; SEASONAL EMPLOYEES; MERIT RATINGS

 

240.410     Removalsduring trial period

 

240.425     Regularseasonal employees

 

240.430     Meritratings

 

STATEMANAGEMENT CREDENTIALS PROGRAM

 

240.435     StateManagement Credentials Program required; purpose

 

WORKINGHOURS, LEAVES, DISCIPLINE, REEMPLOYMENT

 

240.546     Paymentsin lieu of sick leave with pay; rules; exclusions

 

240.551     Workinghours, holidays, leaves of absence and vacations of employees in stateclassified service

 

240.555     Suspension,reduction, demotion or dismissal

 

240.560     Appealprocedure

 

240.563     Judicialreview

 

240.570     Classifiedemployee filling position in unclassified, exempt or management service

 

240.580     Servicecredits for service in unclassified service

 

240.590     Reemploymentof employee in exempt service

 

MEDIATIONFEE

 

240.610     Mediationservice fee; interest-based problem solving training fee; amount; payment;disposition of fees

 

PROHIBITEDCONDUCT

 

240.710     Certainacts unlawful

 

240.750     Whendiscipline action not to be retained in personnel file

 

MISCELLANEOUS

 

240.850     Policyon work environments; duties of state agencies

 

240.855     Telecommuting;state policy; agencies to adopt written policies; biennial report

 

PENALTIES

 

240.990     Penalties

 

ADMINISTRATIVEPROVISIONS

 

      240.005Short title.This chapter shall be known as the State Personnel Relations Law. [Amended by1979 c.468 §2]

 

      240.010Purpose of chapter.The general purpose of this chapter is to establish for the state a system ofpersonnel administration based on merit principles. [Amended by 1979 c.468 §3]

 

      240.011Policy on public service contracts; review. (1) The Legislative Assemblydeclares that the interests of the state are best served by a system that goesbeyond consideration of mere short-term cost to encompass other benefits, suchas efficiency, continuity of operations, public protection and avoidance of thespoils system. The state has a basic obligation to protect the public byattempting to assure the orderly and uninterrupted operations, services andfunctions of all public agencies.

      (2)It is the policy of the state that contracts for public services entered intoby any public agency be entered with full knowledge of costs and benefits tothe public and that contracts be subject to ongoing review to insureaccountability of the contractor for the quantity and quality of contractedservices. [1989 c.862 §1(1),(2)]

 

      Note: 240.011 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 240 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

      240.012Job sharing; policy statement. The Legislative Assembly finds that jobsharing is an efficient and effective technique which should be used to improvemanagement of state agencies. It further finds that job sharing offersemployment opportunities to those who otherwise may be unable to participate instate employment and contribute to state operations. [1977 c.462 §1]

 

      Note: 240.012 was enactedinto law by the Legislative Assembly but was not added to or made a part of ORSchapter 240 or any series therein by legislative action. See Preface to OregonRevised Statutes for further explanation.

 

      240.013Job-sharing positions; adjustment of benefits and detriments. Insofar asreasonably possible, individuals who hold job-sharing positions shall beentitled to benefits and privileges and suffer detriments under this chapter inproportion to their seniority as adjusted in the proportion that their monthlytime employed bears to the monthly time employed by individuals holdingfull-time positions. [1979 c.302 §7]

 

      240.015Definitions.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 makeappointments 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 classifiedservice sufficiently alike in duties, authority and responsibilities that thesame qualifications may reasonably be required for, and the same schedule ofpay can be equitably applied to, all positions in the group.

      (5)“Division” means, except in the phrase “division of the service,” the PersonnelDivision referred to in ORS 240.055.

      (6)“Division of the service” means a state department or any division or branchthereof, any agency of the state government, or any branch of the stateservice, all the positions in which are under the same appointing authority.

      (7)“Job-sharing position” means a full-time position in the classified servicethat is classified as one that may be held by more than one individual on ashared time basis whereby the individuals holding the position work less thanfull-time.

      (8)“Regular employee” means an employee who has been appointed to a position inthe classified service in accordance with this chapter after completing thetrial service period.

      (9)“State service” means all offices and positions in the employ of the stateother than those of commissioned, warrant and enlisted personnel in themilitary and naval services thereof. However, as provided in ORS 396.330, theterm includes members of the Oregon National Guard or Oregon State DefenseForce who are not serving pursuant to provisions of Title 10 or 32 of theUnited States Code and who are employed as state employees in the OregonMilitary Department. [Amended by 1959 c.690 §1; 1969 c.80 §30; 1975 c.147 §9;1979 c.302 §4; 1979 c.468 §4a; 1995 c.114 §1; 2005 c.22 §182]

 

      240.055Personnel Division.The Department of Civil Service that has heretofore functioned under ORSchapter 240 is hereby renamed the Personnel Division and transferred into theOregon Department of Administrative Services. [Amended by 1969 c.80 §31]

 

      240.057Administrator of Personnel Division; appointment. The PersonnelDivision shall be under the supervision and control of an administrator whoshall be appointed by and hold office at the pleasure of the Director of theOregon Department of Administrative Services. [1979 c.468 §7]

 

      240.060Employment Relations Board; qualification of members; outside activities. (1) The CivilService Commission that has functioned under this chapter shall be continued asa board of three members to be known as the Employment Relations Board. Eachmember of the board shall be a citizen of the state known to be in sympathywith the application of merit principles to public employment and shall be ofrecognized standing and known interest in public administration and in thedevelopment of efficient methods of selecting and administering personnel. Inthe selection of the members of the Employment Relations Board, the Governorshall give due consideration to the interests of labor, management and thepublic. Each member of the board shall be trained or experienced inlabor-management relations and labor law or the administration of thecollective bargaining process. No member of the board shall hold, or be acandidate for, any public office.

      (2)Except as provided in subsection (3) of this section, a member of the boardshall not hold any other office or position of profit, pursue any otherbusiness or vocation, or serve on or under any committee of any politicalparty, but shall devote the member’s entire time to the duties of the office ofthe member.

      (3)A member of the board may: