Bill Text: OR SB277 | 2011 | Regular Session | Enrolled
Bill Title: Relating to veterans' preference in public employment; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2011-05-19 - Effective date, May 19, 2011. [SB277 Detail]
Download: Oregon-2011-SB277-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 277
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 Senate Interim Committee on
Veterans' Affairs)
CHAPTER ................
AN ACT
Relating to veterans' preference in public employment; amending
ORS 408.230; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 408.230 is amended to read:
408.230. (1) A public employer shall grant a preference to a
veteran or disabled veteran who { + applies for a vacant civil
service position or seeks promotion to a civil service position
with a higher maximum salary rate and who:
(a)(A) + } Successfully completes an initial application
screening or an application examination { - or who - } { +
for the position; or
(B) + } Successfully completes a civil service test the
employer administers to establish eligibility for { - a vacant
civil service - } { + the + } position { - . - } { + ; and
(b) Meets the minimum qualifications and any special
qualifications for the position.
(2) + } The employer shall grant the preference in the
following manner:
(a) For an initial application screening used to develop a list
of persons for interviews, the employer shall add five preference
points to a veteran's score and 10 preference points to a
disabled veteran's score.
(b) For an application examination, given after the initial
application screening, that results in a score, the employer
shall add preference points to the total combined examination
score without allocating the points to any single feature or part
of the examination. The employer shall add five preference points
to a veteran's score and 10 preference points to a disabled
veteran's score.
(c) For an application examination that consists of an
interview, an evaluation of the veteran's performance, experience
or training, a supervisor's rating or any other method of ranking
an applicant that does not result in a score, the employer shall
give a preference to the veteran or disabled veteran. An employer
that uses an application examination of the type described in
this paragraph shall devise and apply methods by which the
employer gives special consideration in the employer's hiring
decision to veterans and disabled veterans.
Enrolled Senate Bill 277 (SB 277-INTRO) Page 1
{ - (2) - } { + (3) + } Preferences of the type described
in subsection (1) of this section are not a requirement that the
public employer appoint a veteran or disabled veteran to a civil
service position.
{ - (3) - } { + (4) + } A public employer shall appoint an
otherwise qualified veteran or disabled veteran to a vacant civil
service position if the results of a veteran's or disabled
veteran's application examination, when combined with the
veteran's or disabled veteran's preference, are equal to or
higher than the results of an application examination for an
applicant who is not a veteran or disabled veteran.
{ - (4) - } { + (5) + } If a public employer does not
appoint a veteran or disabled veteran to a vacant civil service
position, upon written request of the veteran or disabled
veteran, the employer, in writing, shall provide the employer's
reasons for the decision not to appoint the veteran or disabled
veteran to the position. The employer may base a decision not to
appoint the veteran or disabled veteran solely on the veteran's
or disabled veteran's merits or qualifications with respect to
the vacant civil service position.
{ - (5) Whether or not the person qualifies for a preference
under subsection (1) of this section, a public employer shall
grant to a person the employer has hired for a permanent civil
service position a veteran's or disabled veteran's preference, as
appropriate, if the person seeks promotion to a position with a
higher maximum salary rate and the person: - }
{ - (a) Was granted military leave by the public employer to
serve in the armed services; - }
{ - (b) Returned from military leave to the civil service
position; - }
{ - (c) Qualified as a veteran or disabled veteran by reason
of the person's service during military leave or otherwise; - }
{ - (d) Successfully completed a test or examination for the
position; and - }
{ - (e) Meets the minimum qualifications and any special
qualifications for the position. - }
(6) Violation of this section is an unlawful employment
practice.
(7) A veteran or disabled veteran claiming to be aggrieved by a
violation of this section may file a verified written complaint
with the Commissioner of the Bureau of Labor and Industries in
accordance with ORS 659A.820.
SECTION 2. { + 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. + }
----------
Enrolled Senate Bill 277 (SB 277-INTRO) Page 2
Passed by Senate February 22, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 9, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 277 (SB 277-INTRO) Page 3
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 Senate Bill 277 (SB 277-INTRO) Page 4
