Bill Text: OR HB3140 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to disciplinary action against public safety officers; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-06-01 - Chapter 202, (2011 Laws): Effective date June 1, 2011. [HB3140 Detail]

Download: Oregon-2011-HB3140-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 3140

Sponsored by Representative BARKER (at the request of Oregon
  Council of Police Associations)

                     CHAPTER ................

                             AN ACT

Relating to disciplinary action against public safety officers;
  creating new provisions; amending ORS 236.370; and declaring an
  emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. 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 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 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 a collective bargaining agreement is in
effect with their public employer  { - . - }  { + ; or + }
   { +  (6) Represented in a collective bargaining unit if the
collective bargaining agreement or the established policies of
the law enforcement unit that employs the public safety officers
provide for procedures and safeguards of the sort provided for in
ORS 236.350 to 236.370. + }
    { - (7) 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 2.  { + The amendments to ORS 236.370 by section 1 of
this 2011 Act apply to investigations begun on or after the
effective date of this 2011 Act. + }
  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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Enrolled House Bill 3140 (HB 3140-A)                       Page 1

Passed by House April 14, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate May 17, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 3140 (HB 3140-A)                       Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 3140 (HB 3140-A)                       Page 3