Bill Text: OR HB2676 | 2011 | Regular Session | Introduced

Oregon House Bill 2676 (Prior Session Legislation)

Introduced

Bill Title: Relating to public employees; declaring an emergency.

Sponsorship: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2676 Detail]

Download: Oregon-2011-HB2676-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 425

                         House Bill 2676

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Judiciary)

                             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.

  Prohibits public body from disclosing recording of public
employee made during investigation of employee's conduct unless
employee consents in writing.
  Removes exception to disciplinary action statutes for public
safety officers under collective bargaining agreement.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to public employees; amending ORS 192.447 and 236.370;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 192.447 is amended to read:
  192.447. (1) As used in this section, 'public body' has the
meaning given that term in ORS 174.109.
  (2) { + (a) + } A public body may not disclose the
identification badge or card of an employee of the public body
without the written consent of the employee if:
    { - (a) - }   { + (A) + } The badge or card contains the
photograph of the employee; and
    { - (b) - }   { + (B) + } The badge or card was prepared
solely for internal use by the public body to identify employees
of the public body.
    { - (3) - }   { + (b) + } The public body may not disclose a
duplicate of the photograph used on the badge or card.
   { +  (3)(a) A public body may not disclose an audio or video
recording of a public employee made or created by the public body
during an investigation without the written consent of the
employee if:
  (A) The conduct of the employee was a subject of the
investigation; and
  (B) An alternative method of taking the employee's statement
was available.
  (b) Paragraph (a) of this subsection does not prohibit the
production and use of the audio or video recording in a judicial,
administrative or arbitration proceeding. + }
  SECTION 2. ORS 236.370 is amended to read:
  236.370. ORS 236.350 to 236.370 do not apply to disciplinary
action taken against public safety officers who are:
  (1) In an initial probationary period of employment that does
not exceed 12 months or in a probationary period under a
collective bargaining agreement   { - which - }   { + that + } is
in excess of 12 months;
    { - (2) Under a collective bargaining agreement requiring
just cause for disciplinary action; - }
    { - (3) - }   { + (2) + } Under a county civil service system
adopted pursuant to ORS 241.002 to 241.009;
    { - (4) - }   { + (3) + } Under a county or municipal civil
service system
  { - which - }   { + that + } provides public safety officers
with disciplinary action protections at least equivalent to those
provided under ORS 236.350 and 236.360;
    { - (5) - }   { + (4) + } The chief executive officers of law
enforcement units, as defined in ORS 181.610;   { - or - }
    { - (6) - }   { + (5) + } Supervisory employees, as defined
under ORS 243.650,   { - where - }   { + if + } a collective
bargaining agreement is in effect with their public employer
 { - . - }  { + ; or + }
    { - (7) - }   { + (6) + } Represented in a collective
bargaining unit if the collective bargaining agreement provides
for procedures and safeguards of the sort provided for in ORS
236.350 to 236.370.
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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