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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

HA to HB 4131

LC 200/HB 4131-4

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 4131

   By COMMITTEE ON GENERAL GOVERNMENT AND CONSUMER PROTECTION

                           February 9

  Delete lines 5 through 22 of the printed bill and insert:
  '  { +  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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