Bill Text: OR SB435 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to certain positions in state service.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB435 Detail]

Download: Oregon-2013-SB435-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 901

                         Senate Bill 435

Sponsored by Senator EDWARDS, Representative MATTHEWS;
  Representatives CLEM, READ (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.

  Modifies restoration rights of certain state exempt and
management service employees to classified position in state
service held prior to appointment to exempt or management service
position. Specifies that management service employees serve at
pleasure of appointing agency director and may be disciplined or
removed subject to certain due process requirements.

                        A BILL FOR AN ACT
Relating to certain positions in state service; creating new
  provisions; and amending ORS 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  { +  service + }   { - or exempt service or removed
from the management service, - }  for reasons other than those
specified in ORS 240.555,  { +  or removed from the exempt or
management service, + } the state agency that employed the
employee { +  in a classified service position + } 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 { + :
  (a) + } The employee meets the position requirements { + ; and
  (b) The position to which the employee is restored is a
position that the employee held no more than one year prior to
the appointment to the unclassified, exempt or management
service + }.
   { +  (2) + } If an employee is restored to a former position,
the employee is subject to any applicable agency collective
bargaining agreement.
   { +  (3) Restoration rights apply only to an employee's
initial appointment to the unclassified, exempt or management
service from a classified service position. + }
    { - (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. - }
    { - (3) - }   { + (4) + } 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. - }  { +  or removed subject to
procedures adopted by the Personnel Division under ORS 240.250
that are compatible with the requirements of due process of law.
  (5) A management service employee serves at the pleasure of the
agency director. If deemed appropriate by the agency director,
principles of progressive discipline may be used when a
management service employee is disciplined. A management service
employee may be disciplined or removed by the agency director
subject only to the provisions specified in subsection (4) of
this section. + }
    { - (4) - }   { + (6) + } 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 - }
 { +  in the manner  + }specified in subsection   { - (3) - }
 { +  (5) + } of this section may appeal to the   { - Employment
Relations Board in the manner provided by ORS 240.560 - }
 { + agency director in the manner specified in the rules adopted
by the Personnel Division under ORS 240.250 + }.
    { - (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 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  { + Personnel + }
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.  { + The amendments to ORS 240.570 by section 1 of
this 2013 Act apply to persons appointed from the classified
service to fill exempt or management service positions on or
after the effective date of this 2013 Act. + }
                         ----------