Bill Text: OR HB3004 | 2013 | Regular Session | Introduced

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Bill Title: Relating to management service employees; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3004 Detail]

Download: Oregon-2013-HB3004-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 1901

                         House Bill 3004

Sponsored by Representative DEMBROW

                             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.

  Requires certain management service employees to elect to
remain in position or return to position in classified service
within one year of entering management service. Eliminates
restoration rights of employee who elects to remain in management
service position within one-year period. Requires restoration to
classified service of certain management service employees who
request restoration during one-year period. Allows current
management service employees to return to former classified
position until July 1, 2016.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to management service employees; creating new
  provisions; amending ORS 240.570; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 240.570 is amended to read:
  240.570. (1) Positions in the unclassified, management and
exempt services may be filled by classified employees. After an
employee is terminated from the unclassified or exempt service or
removed from the management service, for reasons other than those
specified in ORS 240.555, the state agency that employed the
employee before the appointment to the unclassified, exempt or
management service may, at the agency's sole discretion, restore
the employee to a position held in the agency before the
appointment if the employee meets the position requirements. If
an employee is restored to a former position, the employee is
subject to any applicable agency collective bargaining agreement.
  (2) An appointing authority may assign, reassign and transfer
management service employees for the good of the service and may
remove employees from the management service due to
reorganization or lack of work.
  (3) { + (a) + } A management service employee is subject to a
trial service period established pursuant to rules of the
Personnel Division under ORS 240.250. Thereafter, the management
service employee may be disciplined by reprimand, salary
reduction, suspension or demotion or removed from the management
service if the employee is unable or unwilling to fully and
faithfully perform the duties of the position satisfactorily.
   { +  (b) Notwithstanding subsection (1) of this section,
during the period of trial service required by ORS 240.316, a
management service employee with immediate prior classified
service may request, and if so requested shall be restored to, a
position in the classified service with the state agency that
employed the employee before the appointment to the management
service position. Within one year after the date the employee
entered the management service, the employee shall elect to
remain in the management service position or to return to a
position in the same classification in the classified service
that the employee held in the classified service prior to
appointment to the management service position. If the employee
elects to remain in the management service position within the
one-year period, the employee may be restored to the position the
employee held in the classified service at the sole discretion of
the state agency that employed the employee before the
appointment to the management service position. + }
  (4) Employees who are assigned, reassigned, transferred or
removed, as provided in subsection (2) of this section, and
employees who are disciplined or removed from the management
service for the reasons specified in subsection (3) of this
section may appeal to the Employment Relations Board in the
manner provided by ORS 240.560.
  (5) Management service employees with immediate prior former
regular status in the classified service may be dismissed from
state service only for reasons specified by ORS 240.555 and
pursuant to the appeal procedures provided by ORS 240.560.
  SECTION 2.  { + The amendments to ORS 240.570 by section 1 of
this 2013 Act apply to persons in classified service who are
appointed to management service positions on or after the
effective date of this 2013 Act. + }
  SECTION 3.  { + Notwithstanding the amendments to ORS 240.570
by section 1 of this 2013 Act, + }  { + an employee who is in the
management service on the effective date of this 2013 Act
maintains the right to return to the position the employee held
in the classified service until July 1, 2016. If an employee in
the management service on the effective date of this 2013 Act
does not elect to return to the classified service by that date,
the employee forfeits the right to do so. + }
  SECTION 4.  { + 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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