ORS Chapter 241 - Oregon Statutes

Chapter 241 — CivilService for County Employees

 

2009 EDITION

 

 

CIVILSERVICE FOR COUNTY EMPLOYEES

 

PUBLICOFFICERS AND EMPLOYEES

 

GENERALPROVISIONS

 

241.002     Creatingor changing county civil service by election; definitions

 

241.004     ORS241.002 to 241.009 not exclusive method for approval of system

 

241.006     Submittingproposals relating to county civil service

 

241.009     Initiativeor referendum; election procedure

 

241.016     Definitionsfor ORS 241.016 to 241.990

 

241.020     Countiessubject to ORS 241.016 to 241.990

 

241.025     Positionssubject to civil service; exceptions

 

241.055     Constructionof ORS 241.016 to 241.990

 

CIVILSERVICE COMMISSION

 

241.065     Countycivil service commission; members; compensation

 

241.070     Qualificationsof commissioners

 

241.075     Termof office and removal of commissioners

 

241.080     Quorum

 

241.085     Secretaryof commission

 

241.090     Officesand clerical help for commission

 

241.095     Officersand employees to assist commission

 

241.100     Legalrepresentation of commission

 

241.105     Preservationand destruction of records and examinations; public records

 

241.110     Rulesof commission; notice

 

241.115     Noticeby publication

 

241.120     Investigationand inspection by commission

 

241.125     Compellingattendance of witnesses and production of documents

 

241.130     Depositionsof witnesses

 

241.135     Conductof hearings and investigations; rules

 

241.140     Conclusivenessof orders, decisions, rules or regulations; necessity for unanimity

 

241.145     Witnessfees

 

241.150     Reportsof appointments and separations

 

241.155     Officialroster

 

CLASSIFICATIONAND COMPENSATION PLAN; SELECTION AND PROMOTION OF EMPLOYEES

 

241.205     Basisof appointment and promotion generally

 

241.210     Boardof county commissioners to control creation of positions and fixing ofcompensation

 

241.215     Classificationand compensation; rules

 

241.220     Examinations;notice

 

241.225     Qualificationfor examination

 

241.230     Characterof examinations

 

241.235     Civilservice examiners

 

241.240     Creditsto experienced applicants

 

241.245     Examinationsfor promotions

 

241.250     Registerof eligibles; relative rank; striking of names; rules

 

241.255     Vacanciesfilled by promotion if practicable

 

241.260     Classifiedcivil service vacancies; certification of candidates for vacancies

 

241.265     Probationaryappointments; discharge during probation; effect of failure of promotedcandidate to qualify

 

241.270     Waiverof appointment

 

241.275     Permanentappointments

 

241.280     Temporaryappointments

 

241.285     Emergencyappointments; rules

 

241.290     Efficiencyrecords

 

241.295     Appointmentsand promotions to be made only as provided in ORS 241.016 to 241.990

 

241.300     Appointmentof undersheriff, deputy undersheriff and administrative aide; reinstatement

 

LEAVES;TRANSFERS; REINSTATEMENT; SUSPENSION; DISMISSAL

 

241.405     Leavesof absence

 

241.410     Prohibitionof transfer, reinstatement, suspension or dismissal contrary to ORS 241.016 to241.990

 

241.415     Transfersand reinstatement

 

241.420     Suspensions

 

241.425     Tenure;causes for dismissal

 

241.430     Dismissalonly for cause; written accusation

 

241.435     Necessityof a hearing prior to dismissal

 

241.440     Investigationof dismissal

 

241.445     Rightof employee to public hearing and representation; limitations

 

241.450     Ordersof commission on review of investigation

 

241.455     Orderis final if unanimous

 

241.460     Ordersappealable when not unanimous; issues on appeal limited

 

PROHIBITEDCONDUCT AND ACTIVITIES

 

241.505     Prohibitedconduct generally

 

241.525     Corruptpractices prohibited

 

241.530     Limitationson recommendations of applicants

 

PENALTIES

 

241.990     Penalties;jurisdiction

 

GENERALPROVISIONS

 

      241.002Creating or changing county civil service by election; definitions. (1) If themajority of electors of any county voting at a regular general electionpursuant to ORS 241.006 approve a proposal to establish, substitute or amend asystem of civil service under which county employees shall be employed, thesystem or amendments to an existing system of civil service approved by theelectors shall apply to such county.

      (2)If ORS 241.016 to 241.990 become applicable in a county, “board of countycommissioners” as used in ORS 241.016 to 241.990 means the county court of acounty which does not have a board of county commissioners.

      (3)If ORS 242.702 to 242.824 become applicable in a county, “governing body” asused in ORS 242.702 to 242.824 means the board of county commissioners orcounty court of a county, as the case may be. [1959 c.315 §2]

 

      241.004ORS 241.002 to 241.009 not exclusive method for approval of system. ORS 241.002 to241.009 shall not be construed to be an exclusive method by which counties mayapprove a system of civil service for county employees. [1959 c.315 §6; 1983c.350 §58]

 

      241.005 [Amended by1953 c.696 §5; 1959 c.315 §1; renumbered 241.020]

 

      241.006Submitting proposals relating to county civil service. At any generalelection, if a county does not have in operation a system of civil service forall county employees or if an existing system of civil service for all countyemployees is to be amended or substituted for by another system, there may besubmitted to the electors of the county a proposal:

      (1)To make ORS 241.016 to 241.990, providing a system of civil service under whichcounty employees shall be employed, applicable to such county;

      (2)To make ORS 242.702 to 242.824, providing a system of civil service under whichcertain political subdivisions shall employ firefighters, applicable to suchcounty for all county employees;

      (3)That provides a system of civil service which substantially accomplishes thegeneral purposes of ORS 241.016 to 241.990 or 242.702 to 242.824, includingmethods of recruitment and promotion of county employees by competitiveexaminations and provisions for job tenure for county employees; or

      (4)That amends an existing system of civil service previously approved by theelectors under subsection (3) of this section. [1959 c.315 §3; 1983 c.350 §59;1991 c.67 §60]

 

      241.008 [1959 c.315 §4;1979 c.190 §409; repealed by 1983 c.350 §60 (241.009 enacted in lieu of 241.008and 241.012)]

 

      241.009Initiative or referendum; election procedure. (1) A proposal under ORS 241.006may 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 countycourt.

      (2)ORS 250.165 to 250.235 govern the manner of exercising the initiative unlessORS 250.155 makes ORS 250.165 to 250.235 inapplicable to the county. [1983c.350 §61 (enacted in lieu of 241.008 and 241.012)]

 

      241.010 [Amended by1953 c.696 §5; 1959 c.252 §44; renumbered 241.025]

 

      241.012 [1959 c.315 §5;repealed by 1983 c.350 §60 (241.009 enacted in lieu of 241.008 and 241.012)]

 

      241.015 [1953 c.696 §4;renumbered 241.030]

 

      241.016Definitions for ORS 241.016 to 241.990. 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 singlyor 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 holdany position subject to civil service.

      (3)“Commission” means a civil service commission created under ORS 241.016 to241.990.

      (4)“Commissioner” means a member of the civil service commission created under ORS241.016 to 241.990.

      (5)“Position” includes any office, place or employment. [Formerly 241.060]

 

      241.020Counties subject to ORS 241.016 to 241.990. Except as provided in ORS241.002 the provisions of ORS 241.016 to 241.990 apply to all counties of thisstate having a population of 500,000 persons or more. [Formerly 241.005; 1991c.656 §1]

 

      241.025Positions subject to civil service; exceptions. All appointeesto 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 causedby 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 orjudge or justice thereof.

      (3)Any person employed to perform manual labor, skilled or unskilled, in theconstruction, maintenance and repair of county property; provided, thatelectrical workers, members of road and bridge crews and laborers permanentlyemployed shall be subject to civil service unless otherwise provided in ORS241.016 to 241.990.

      (4)Any special deputy sheriff or deputy constable appointed to act withoutcompensation 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 homemaintained 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 commissioncreated 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. [Formerly241.010; 1961 c.135 §1; 1963 c.331 §9; 1981 c.48 §6]

 

      241.030 [Formerly241.015; 1961 c.135 §2; repealed by 1983 c.310 §21]