Bill Text: OR SB747 | 2013 | Regular Session | Introduced

Oregon Senate Bill 747 (Prior Session Legislation)

Bill Title: Relating to arbitration of issues related to unlawful use of force by city police officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB747 Detail]

Download: Oregon-2013-SB747-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 3615

                         Senate Bill 747

Sponsored by Senator SHIELDS (at the request of Jason and Greg
  Kafoury)

                             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.

  Prohibits certain cities from entering into collective
bargaining agreement that provides for binding arbitration of
issues related to disciplining or termination of city police
officer for misconduct involving unlawful use of force.

                        A BILL FOR AN ACT
Relating to arbitration of issues related to unlawful use of
  force by city police officers; creating new provisions; and
  amending ORS 243.706.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 243.706 is amended to read:
  243.706. (1) A public employer may enter into a written
agreement with the exclusive representative of an appropriate
bargaining unit setting forth a grievance procedure culminating
in binding arbitration or any other dispute resolution process
agreed to by the parties. As a condition of enforceability, any
arbitration award that orders the reinstatement of a public
employee or otherwise relieves the public employee of
responsibility for misconduct shall comply with public policy
requirements as clearly defined in statutes or judicial decisions
including but not limited to policies respecting sexual
harassment or sexual misconduct, unjustified and egregious use of
physical or deadly force and serious criminal misconduct, related
to work. In addition, with respect to claims that a grievant
should be reinstated or otherwise relieved of responsibility for
misconduct based upon the public employer's alleged previous
differential treatment of employees for the same or similar
conduct, the arbitration award must conform to the following
principles:
  (a) Some misconduct is so egregious that no employee can
reasonably rely on past treatment for similar offenses as a
justification or defense to discharge or other discipline.
  (b) Public managers have a right to change disciplinary
policies at any time, notwithstanding prior practices, if such
managers give reasonable advance notice to affected employees and
the change does not otherwise violate a collective bargaining
agreement.
  (2) In addition to subsection (1) of this section, a public
employer may enter into a written agreement with the exclusive
representative of its employees providing that a labor dispute
over conditions and terms of a contract may be resolved through
binding arbitration.
   { +  (3) Notwithstanding subsections (1) and (2) of this
section, a public employer that is a city with a population of
more than 300,000 may not enter into a collective bargaining
agreement with the exclusive representative of the appropriate
bargaining unit representing the police officers of the city that
sets forth a grievance procedure that provides for binding
arbitration of issues related to the disciplining or the
termination of a police officer for misconduct involving the
unlawful use of force. + }
    { - (3) - }   { + (4) + } In an arbitration proceeding under
this section, the arbitrators, or a majority of the arbitrators,
may:
  (a) Issue subpoenas on their own motion or at the request of a
party to the proceeding to:
  (A) Compel the attendance of a witness properly served by
either party; and
  (B) Require from either party the production of books, papers
and documents the arbitrators find are relevant to the
proceeding;
  (b) Administer oaths or affirmations to witnesses; and
  (c) Adjourn a hearing from day to day, or for a longer time,
and from place to place.
    { - (4) - }   { + (5) + } The arbitrators shall promptly
provide a copy of a subpoena issued under this section to each
party to the arbitration proceeding.
    { - (5) - }  { +  (6) + } The arbitrators issuing a subpoena
under this section may rule on objections to the issuance of the
subpoena.
    { - (6) - }   { + (7) + } If a person fails to comply with a
subpoena issued under this section or if a witness refuses to
testify on a matter on which the witness may be lawfully
questioned, the party who requested the subpoena or seeks the
testimony may apply to the arbitrators for an order authorizing
the party to apply to the circuit court of any county to enforce
the subpoena or compel the testimony. On the application of the
attorney of record for the party or on the application of the
arbitrators, or a majority of the arbitrators, the court may
require the person or witness to show cause why the person or
witness should not be punished for contempt of court to the same
extent and purpose as if the proceedings were pending before the
court.
    { - (7) - }  { +  (8) + } Witnesses appearing pursuant to
subpoena, other than parties or officers or employees of the
public employer, shall receive fees and mileage as prescribed by
law for witnesses in ORS 44.415 (2).
  SECTION 2.  { + The amendments to ORS 243.706 by section 1 of
this 2013 Act apply to collective bargaining agreements entered
into on or after the effective date of this 2013 Act. + }
                         ----------