Bill Text: OR SB434 | 2013 | Regular Session | Introduced
Bill Title: Relating to management service positions in state service.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB434 Detail]
Download: Oregon-2013-SB434-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 902 Senate Bill 434 Sponsored by Senator EDWARDS (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 as introduced. Specifies that management service employees serve at pleasure of appointing authority and may be terminated at will. Eliminates trial service period for management service employees. A BILL FOR AN ACT Relating to management service positions in state service; creating new provisions; and amending ORS 240.316, 240.560 and 240.570. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 240.570 is amended to read: 240.570. (1) Positions in the unclassified, { + exempt and + } management { - and exempt - } services may be filled by classified employees. After an employee is terminated from the unclassified or exempt service { - or removed from the management service, - } for reasons other than those specified in ORS 240.555 { - , - } { + or is removed or terminated from the management service, + } the state agency that employed the employee before the appointment to the unclassified, exempt or management service may, at the agency's sole discretion, restore the employee to a position held in the agency before the appointment if the employee meets the position requirements. If an employee is restored to a former position, the employee is subject to any applicable agency collective bargaining agreement. (2) { - An appointing authority may assign, reassign and transfer management service employees for the good of the service and may remove employees from the management service due to reorganization or lack of work. - } { + A management service employee serves at the pleasure of the appointing authority and may be removed or terminated at any time without cause. + } { - (3) A management service employee is subject to a trial service period established pursuant to rules of the Personnel Division under ORS 240.250. Thereafter, the management service employee may be disciplined by reprimand, salary reduction, suspension or demotion or removed from the management service if the employee is unable or unwilling to fully and faithfully perform the duties of the position satisfactorily. - } { - (4) Employees who are assigned, reassigned, transferred or removed, as provided in subsection (2) of this section, and employees who are disciplined or removed from the management service for the reasons specified in subsection (3) of this section may appeal to the Employment Relations Board in the manner provided by ORS 240.560. - } { - (5) Management service employees with immediate prior former regular status in the classified service may be dismissed from state service only for reasons specified by ORS 240.555 and pursuant to the appeal procedures provided by ORS 240.560. - } SECTION 2. ORS 240.560 is amended to read: 240.560. (1) A { - regular - } { + classified, unrepresented + } employee who is reduced, dismissed, suspended or demoted { - , shall have - } { + has + } the right to appeal to the Employment Relations Board not later than 30 days after the effective date of the reduction, dismissal, suspension or demotion. The appeal must be in writing. The appeal is timely if it is received by the board or postmarked, if mailed postpaid and properly addressed, not later than 30 days after the effective date of the reduction, dismissal, suspension or demotion. The board shall hear the appeal within 30 days after the board receives the appeal, unless the parties to the hearing agree to a postponement. The board shall furnish the division of the service concerned with a copy of the appeal in advance of the hearing. (2) The hearing shall be conducted as provided for a contested case in ORS chapter 183. (3) If the board finds that the action complained of was taken by the appointing authority for any political, religious or racial reasons, or because of sex, marital status or age, the employee shall be reinstated to the position and shall not suffer any loss in pay. (4) In all other cases, if the board finds that the action was not taken in good faith for cause, it shall order the immediate reinstatement and the reemployment of the employee in the position without the loss of pay. In lieu of affirming the action, the board may modify the action by directing a suspension without pay for a given period, and a subsequent restoration to duty, or a demotion in classification, grade or pay. The findings and order of the board shall be certified in writing to the appointing authority and shall be forthwith put into effect by the appointing authority. SECTION 3. ORS 240.316 is amended to read: 240.316. (1)(a) { + Except for persons in the management service, + } persons initially appointed to or promoted to a permanent or seasonal position in state service shall be subject to a trial service period. (b) An appointing authority has the discretion to subject an employee to a trial service period when: (A) A { - management service employee or a - } classified, unrepresented employee transfers to a different agency; (B) A { - management service employee or a - } classified, unrepresented employee transfers back to the same agency after an absence of more than one year; (C) A { - former management service employee or - } former classified, unrepresented employee is reemployed by the same agency after an absence of more than one year; or (D) A { - former management service employee or - } former classified, unrepresented employee is reemployed by a different agency. (c) Any employee who serves the trial service period designated by the Personnel Division or a delegated operating agency for a given classification or as described in paragraph (b) of this subsection shall be given regular employee status. (2) { + Except for employees in the management service, + } employees who have acquired regular status will not be subject to separation except for cause as defined by ORS 240.555 or lack of work, curtailment of funds, or reorganization requiring a reduction in force. (3) Procedures shall be established by the division to provide for the layoff and opportunity for reemployment of employees separated for reasons other than cause, which shall take into account the needs of the service, qualifications, quality of performance, relative merit and length of service. (4) Procedures shall also be established by the division for the transfer, discipline or demotion of employees for the good of the service or separation of employees whose conduct or performance continues to be improper or inadequate after reasonable attempts have been made to correct it, where appropriate. { + (5) Subsections (3) and (4) of this section do not apply to employees appointed to positions in the management service. + } SECTION 4. { + The amendments to ORS 240.316, 240.560 and 240.570 by sections 1 to 3 of this 2013 Act apply to persons appointed to management service positions on or after the effective date of this 2013 Act. + } ----------