ORS Chapter 240

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: