Bill Text: OR SB174 | 2013 | Regular Session | Introduced

Oregon Senate Bill 174 (Prior Session Legislation)

Bill Title: Relating to temporary state employees.

Spectrum: Unknown

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB174 Detail]

Download: Oregon-2013-SB174-Introduced.html



     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 489

                         Senate Bill 174

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber,
  M.D., for Oregon Department of Administrative Services)

                             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.

  Changes maximum term of employment for temporary state
employees to six months or 1,040 hours in 12-month period.
Excludes mandatory training periods from limitation.

                        A BILL FOR AN ACT
Relating to temporary state employees; amending ORS 240.309.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 240.309 is amended to read:
  240.309. (1) Temporary employment shall be used for the purpose
of meeting emergency, nonrecurring or short-term workload needs
of the state.
  (2) A temporary employee may be given a nonstatus appointment
without open competition and consideration only for the purposes
enumerated in this section. Temporary appointments shall not be
used to defeat the open competition and consideration system.
  (3) A temporary employee may not be employed in a permanent,
seasonal, intermittent or limited duration position except to
replace an employee during an approved leave period.
  (4) Employment of a temporary employee for the same workload
need, other than for leave, may not exceed six calendar
months { +  or 1,040 hours in a 12-month period + }. The decision
to extend the period of employment may be delegated by the
Personnel Division of the Oregon Department of Administrative
Services to other state agencies. Approval to extend shall be
allowed only upon an appointing authority's finding that the
original emergency continues to exist and that there is no other
reasonable means to meet the emergency. Agency actions under this
subsection are subject to post-audit review by the Oregon
Department of Administrative Services as provided in ORS 240.311.
  (5) Employment of a temporary employee for different workload
needs shall not exceed the equivalent of six calendar months
 { + or 1,040 hours + } in a 12-month period.
  (6) A temporary employee shall not be denied permanent work
because of the temporary status. Temporary service shall not be
used as any portion of a required trial service period.
  (7) The Personnel Division of the Oregon Department of
Administrative Services shall report the use of temporary
employees, by agency, once every six months, including the
duration and reason for use or extensions, if any, of temporary
appointments. The reports shall be made available upon request to
interested parties, including employee organizations. If any
interested party alleges misuse of temporary employees, the
division shall investigate, report its findings and take
appropriate action.
  (8) The Department of Justice may use temporary status
appointments for student law clerks for a period not to exceed 24
months.
  (9) The chief administrative law judge of the Office of
Administrative Hearings may use temporary status appointments for
student law clerks for a period not to exceed 24 months. Student
law clerks appointed under this subsection may not act as
administrative law judges or conduct hearings for the Office of
Administrative Hearings.
  (10) The Public Utility Commission may use temporary status
appointments for student law clerks for a period not to exceed 24
months.
  (11) A state agency may use temporary status appointments for a
period not to exceed 48 months for student interns who are
enrolled in high school or who are under 19 years of age and are
training to receive a General Educational Development (GED)
certificate. Student interns are not eligible for benefits under
ORS 243.105 to 243.285.
   { +  (12)(a) A state agency that requires a mandatory training
period for a temporary employee shall exclude the mandatory
training period from the six-month or 1,040-hour limitation on
temporary appointments established under this section.
  (b) A mandatory training period excluded under this subsection
must:
  (A) Be directly related to the temporary position;
  (B) Be completed before the actual body of work required of the
temporary position commences; and
  (C) Not exceed six weeks. + }
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