Bill Text: OR HB2208 | 2013 | Regular Session | Introduced

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Bill Title: Relating to the ratio of state agency public employees to supervisory employees; declaring an emergency.

Sponsorship: Unknown

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2208 Detail]

Download: Oregon-2013-HB2208-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 488

                         House Bill 2208

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of Governor John A. Kitzhaber, M.D., for
  Oregon Department of Administrative Services)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Specifies circumstances under which Director of Oregon
Department of Administrative Services may grant exception to
requirement that state agencies achieve ratio of at least 11 to 1
of nonsupervisory employees to supervisory employees.
  Repeals requirement that Oregon Department of Administrative
Services develop plan for state agencies to attain ratio of
nonsupervisory employees to supervisory employees.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the ratio of state agency public employees to
  supervisory employees; amending section 1, chapter 101, Oregon
  Laws 2012; repealing ORS 291.229; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 1, chapter 101, Oregon Laws 2012, is amended
to read:
   { +  Sec. 1. + } (1)   { - Notwithstanding ORS 291.229, - }  A
state agency that employs more than 100 employees and has not, by
 { - the effective date of this 2012 Act - }  { +  April 11,
2102 + }, attained a ratio of at least 11 to 1 of employees of
the state agency who are not supervisory employees to supervisory
employees:
  (a) May not fill the position of a supervisory employee until
the agency has increased the agency's ratio of employees to
supervisory employees so that the ratio is at least one
additional employee to supervisory employees; and
  (b) Shall, not later than October 31, 2012, lay off or
reclassify the number of supervisory employees necessary to
attain the increase in the ratio specified in paragraph (a) of
this subsection if the increase in that ratio is not attained
under paragraph (a) of this subsection or through attrition.
  (2)   { - Notwithstanding ORS 291.229, - }  A state agency that
employs more than 100 employees and has complied with the
requirements of subsection (1) of this section, but has not
attained a ratio of at least 11 to 1 of employees of the state
agency who are not supervisory employees to supervisory
employees:

  (a) May not fill the position of a supervisory employee until
the agency has increased the agency's ratio of employees to
supervisory employees by at least one additional employee; and
  (b) Not later than October 31 of each subsequent year, shall
lay off or reclassify the number of supervisory employees
necessary to increase the agency's ratio of employees to
supervisory employees so that the ratio is at least one
additional employee to supervisory employees.
  (3) Layoffs or reclassifications required under this section
must be made in accordance with the terms of any applicable
collective bargaining agreement. A supervisory employee who is
reclassified into a classified position pursuant to this section
shall be compensated in the salary range for the classified
position unless otherwise provided by an applicable collective
bargaining agreement.
  (4) { + (a) + } Upon application from a state agency, the
 { + Director of the + } Oregon Department of Administrative
Services may grant a state agency an exception from the
requirements of subsections (1) to (3) of this section if the
 { - department - }   { + director + } determines that the
exception is warranted due to unique or emergency circumstances
 { - . - }   { + that limit a state agency's ability to:
  (A) Meet specific criteria for required or generally accepted
professional standards for employees;
  (B) Maintain reasonable and responsible staffing;
  (C) Maintain public or state agency employee safety; or
  (D) Meet state agency program needs.
  (b) An exception granted under paragraph (a) of this subsection
may include, but is not limited to:
  (A) An exception that applies to a particular position
classification in any category of positions in state service, as
described in ORS 240.195;
  (B) An exception that applies to an entire state agency; or
  (C) An exception that allows a state agency to fill a
particular supervisory budgeted position.
  (c) + } The department shall report all exceptions granted
under this subsection to the Joint Committee on Ways and Means,
the Joint Interim Committee on Ways and Means or the Emergency
Board.
  (5) As used in this section:
  (a)(A) 'State agency' means all state officers, boards,
commissions, departments, institutions, branches, agencies,
divisions and other entities, without regard to the designation
given to those entities, that are within the executive department
of government as described in   { - section 1, - }  Article
III { + , section 1, + } of the Oregon Constitution.
  (B) 'State agency' does not include:
  (i) The legislative department as defined in ORS 174.114;
  (ii) The judicial department as defined in ORS 174.113;
  (iii) The Public Defense Services Commission;
  (iv) The Secretary of State and the State Treasurer in the
performance of the duties of their constitutional offices;
  (v) Semi-independent state agencies listed in ORS 182.454;
  (vi) The Oregon Tourism Commission;
  (vii) The Oregon Film and Video Office;
  (viii) The Oregon University System;
  (ix) The Oregon Health and Science University;
  (x) The Travel Information Council;
  (xi) Oregon Corrections Enterprises;
  (xii) The Oregon State Lottery Commission;
  (xiii) The State Accident Insurance Fund Corporation;
  (xiv) The Oregon Health Insurance Exchange Corporation;
  (xv) The Oregon Utility Notification Center;
  (xvi) Oregon Community Power;
  (xvii) The Citizens' Utility Board;
  (xviii) A special government body as defined in ORS 174.117;
  (xix) Any other public corporation created under a statute of
this state and specifically designated as a public corporation;
and
  (xx) Any other semi-independent state agency denominated by
statute as a semi-independent state agency.
  (b) 'Supervisory employee' has the meaning given that term in
ORS 243.650.
  SECTION 2.  { + ORS 291.229 is repealed. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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