Bill Text: OR HB4131 | 2012 | Regular Session | Engrossed

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

Spectrum: Strong Partisan Bill (Democrat 20-2)

Status: (Passed) 2012-04-11 - Chapter 101, (2012 Laws): Effective date April 11, 2012. [HB4131 Detail]

Download: Oregon-2012-HB4131-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 200

                           A-Engrossed

                         House Bill 4131
                 Ordered by the House February 9
           Including House Amendments dated February 9

Sponsored by Representative DEMBROW; Representatives BAILEY,
  BUCKLEY, DOHERTY, HARKER, HOYLE, HUNT, KOMP, KOTEK, MATTHEWS,
  READ, SCHAUFLER, J SMITH, WHISNANT, WITT, Senators DINGFELDER,
  MONNES ANDERSON (Presession filed.)

                             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.

    { - Directs certain agencies of state government that have
not attained ratio of 11 to 1 of public employees to supervisory
employees to increase ratio of public employees to supervisory
employees by at least one public employee not later than July 1,
2012. - }
   { +  For state agencies with more than 100 employees and with
ratio of less than 11 to 1 of public employees to supervisory
employees and managerial employees acting in supervisory
capacity, restricts hiring and requires layoffs or
reclassifications of supervisory or managerial employees for
purpose of attaining certain ratio. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to ratio of state agency public employees to supervisory
  employees; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Notwithstanding ORS 291.229, an agency of
state government that employs more than 100 employees and has
not, by the effective date of this 2012 Act, attained a ratio of
at least 11 to 1 of public employees to supervisory employees and
managerial employees acting in a supervisory capacity:
  (a) May not fill the position of a supervisory employee or of a
managerial employee acting in a supervisory capacity until the
agency has increased the agency's ratio of public employees to
supervisory employees and managerial employees acting in a
supervisory capacity so that the ratio is at least one additional
public employee to supervisory employees and managerial employees
acting in a supervisory capacity; and
  (b) Shall, not later than October 31, 2012, lay off or
reclassify the number of supervisory employees or managerial
employees acting in a supervisory capacity 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, an agency of state government
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 public employees to
supervisory employees and managerial employees acting in a
supervisory capacity:
  (a) May not fill the position of a supervisory employee or of a
managerial employee acting in a supervisory capacity until the
agency has increased the agency's ratio of public employees to
supervisory employees and managerial employees acting in a
supervisory capacity by at least one additional public employee;
and
  (b) Not later than October 31 of each subsequent year, shall
lay off or reclassify the number of supervisory employees and
managerial employees acting in a supervisory capacity necessary
to increase the agency's ratio of public employees to supervisory
employees and managerial employees acting in a supervisory
capacity so that the ratio is at least one additional public
employee to supervisory employees and managerial employees acting
in a supervisory capacity.
  (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 or
managerial employee acting in a supervisory capacity 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) As used in this section:
  (a) 'Managerial employee' has the meaning given that term in
ORS 243.650.
  (b) 'Public employee' has the meaning given that term in ORS
243.650.
  (c) 'State government' means every state officer, board,
commission, department, institution, branch or agency whose costs
are paid wholly or in part from funds held in the State Treasury,
except:
  (A) The Legislative Assembly and the courts, and their officers
and committees;
  (B) The Public Defense Services Commission; and
  (C) The Secretary of State and the State Treasurer in the
performance of the duties of their constitutional offices.
  (d) 'Supervisory employee' has the meaning given that term in
ORS 243.650. + }
  SECTION 2.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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