Chapter 241 — Chapter 241

ORS 241.002 Creating or changing county civil service by election; definitions. (1) If the majority of electors of any county voting at a regular general election pursuant to ORS 241.006 approve a proposal to establish, substitute or amend a system of civil service under which county employees shall be employed, the system or amendments to an existing system of civil service approved by the electors shall apply to such county

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ORS 241.004 ORS 241.002 to 241.009 not exclusive method for approval of system. ORS 241.002 to 241.009 shall not be construed to be an exclusive method by which counties may approve a system of civil service for county employees. [1959 c.315 §6; 1983 c.350 §58]

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ORS 241.005 [Amended by 1953 c.696 §5; 1959 c.315 §1; renumbered 241.020]

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ORS 241.006 Submitting proposals relating to county civil service. At any general election, if a county does not have in operation a system of civil service for all county employees or if an existing system of civil service for all county employees is to be amended or substituted for by another system, there may be submitted to the electors of the county a proposal

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ORS 241.008 [1959 c.315 §4; 1979 c.190 §409; repealed by 1983 c.350 §60 (241.009 enacted in lieu of 241.008 and 241.012)]

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ORS 241.009 Initiative or referendum; election procedure. (1) A proposal under ORS 241.006 may be submitted to the electors of the county

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ORS 241.010 [Amended by 1953 c.696 §5; 1959 c.252 §44; renumbered 241.025]

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ORS 241.012 [1959 c.315 §5; repealed by 1983 c.350 §60 (241.009 enacted in lieu of 241.008 and 241.012)]

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ORS 241.015 [1953 c.696 §4; renumbered 241.030]

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ORS 241.016 Definitions for ORS 241.016 to 241.990. As used in ORS 241.016 to 241.990, unless the context requires otherwise

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ORS 241.020 Counties subject to ORS 241.016 to 241.990. Except as provided in ORS 241.002 the provisions of ORS 241.016 to 241.990 apply to all counties of this state having a population of 500,000 persons or more. [Formerly 241.005; 1991 c.656 §1]

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ORS 241.025 Positions subject to civil service; exceptions. All appointees to positions in the public service of the county are subject to civil service, except the following

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ORS 241.030 [Formerly 241.015; 1961 c.135 §2; repealed by 1983 c.310 §21]

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ORS 241.055 Construction of ORS 241.016 to 241.990. ORS 241.016 to 241.990 shall be liberally construed so that its intent and purposes may be given effect

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ORS 241.060 [Renumbered 241.016 in 2005]

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ORS 241.065 County civil service commission; members; compensation. There is created in each county subject to ORS 241.016 to 241.990 a civil service commission composed of three members appointed by the board of county commissioners, who shall serve without compensation and shall devote due time and attention to their duties

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ORS 241.070 Qualifications of commissioners. No person shall be appointed a member of the commission who is not a citizen of the United States, a resident of the county for at least three years immediately preceding the appointment and an elector of the county. None of the commissioners shall hold any other public or official position

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ORS 241.075 Term of office and removal of commissioners. (1) The term of office of each commissioner is six years with the term of one commissioner expiring every two years

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ORS 241.080 Quorum. Two members of the commission shall constitute a quorum and, except in matters requiring the unanimous consent of the commission, as provided in ORS 241.016 to 241.990, the votes of any two commissioners concurring shall be sufficient for decision in all matters and transactions pursuant to ORS 241.016 to 241.990

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ORS 241.085 Secretary of commission. The commission shall appoint a secretary, who shall keep records of its proceedings, preserve all reports made to it, superintend and keep a record of all examinations and investigations held or made under its direction, and perform such other duties as it may prescribe. The secretary shall hold office during the pleasure of the commission and shall receive such salary as the board of county commissioners may fix

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ORS 241.090 Offices and clerical help for commission. The board of county commissioners shall provide the commission with suitable and convenient rooms and accommodations at the county courthouse, and cause the same to be furnished, heated, lighted and supplied with all office supplies and equipment necessary to carry on the business of the commission. The board shall also provide the commission with such clerical assistance as may be necessary

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ORS 241.095 Officers and employees to assist commission. All county officers and employees of the county shall aid in all proper ways in carrying out the provisions of ORS 241.016 to 241.990, and such regulations as may, from time to time, be prescribed by the commission thereunder, and to afford the commission, its members and employees all reasonable facilities and assistance to inspect all books, papers, documents and accounts applying or in any way appertaining to any and all offices, places, positions and employments subject to civil service, and also to produce such books, papers, documents and accounts, and attend and testify, whenever required so to do by the commission, or any commissioner

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ORS 241.100 Legal representation of commission. The district attorney of the county shall be the legal adviser of the commission and shall prosecute all violations of ORS 241.016 to 241.990. However, the board of county commissioners may employ special counsel for that purpose and may also employ special counsel to represent county elective officials in hearings before the commission. [Amended by 1957 c.197 §1]

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ORS 241.105 Preservation and destruction of records and examinations; public records. (1) The commission shall keep on file all examination papers and their markings and all other papers, documents and communications received by it. All such reports and files of the commission shall be public records and accessible at convenient times in like manner as other public records

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ORS 241.110 Rules of commission; notice. (1) The commission shall make suitable regulations, not inconsistent with ORS 241.016 to 241.990, to carry out the provisions of ORS 241.016 to 241.990. The regulations shall provide in detail the manner in which examinations shall be held, and appointments, promotions, transfers, reinstatements, suspensions and discharges shall be made. The regulations may be changed, from time to time, and the same, together with all changes, shall forthwith be printed for distribution

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ORS 241.115 Notice by publication. All publications required to be made pursuant to ORS 241.110 and elsewhere in ORS 241.016 to 241.990 shall be made in a newspaper which is printed and published not less than once a day for at least six days of each week

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ORS 241.120 Investigation and inspection by commission. The commission shall make investigations concerning, and report upon all matters touching, the enforcement and effect of the provisions of ORS 241.016 to 241.990, and the regulations prescribed thereunder; inspect all county institutions, departments, offices and positions affected by ORS 241.016 to 241.990, and ascertain whether ORS 241.016 to 241.990 and the regulations are being obeyed. An investigation may be made by the commission, or by any commissioner designated by the commission for that purpose

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ORS 241.125 Compelling attendance of witnesses and production of documents. (1) In the course of an investigation, the commission, or designated commissioner, may administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents and accounts appertaining to the investigation. Attendance of witnesses, either with or without books, papers, documents or accounts may not be compelled, unless such witnesses are personally served with subpoena within the county wherein the commission has jurisdiction

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ORS 241.130 Depositions of witnesses. The commission, or designated commissioner, may, in any investigation or hearing, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the circuit court. To that end, the commission may compel the attendance of witnesses and the production of books, papers, documents and accounts

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ORS 241.135 Conduct of hearings and investigations; rules. All hearings and investigations before the commission, or designated commissioner, shall be governed by ORS 241.016 to 241.990 and by rules of practice and procedure to be adopted by the commission. In the conduct thereof neither the commission, nor designated commissioner, shall be bound by the technical rules of evidence

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ORS 241.140 Conclusiveness of orders, decisions, rules or regulations; necessity for unanimity. No informality in any proceeding or hearing, or in the manner of taking testimony before the commission, or designated commissioner, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission. However, no order, decision, rule or regulation made by any designated commissioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by the other two members of the commission

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ORS 241.145 Witness fees. Any person served with a subpoena requiring attendance before the commission, or any commissioner, shall be entitled to the fees and mileage as are allowed by law to witnesses in ORS 44.415 (2), except that no person shall be entitled to any fees or mileage for such attendance who is employed in the public service of the county in which the person is called as such witness. The fees and mileage allowed by this section need not be prepaid, but the county clerk shall draw a warrant for the payment thereof when it is certified by the commission. [Amended by 1989 c.980 §10c]

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ORS 241.150 Reports of appointments and separations. Each appointing power shall

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ORS 241.155 Official roster. The commission shall keep in its office an official roster of all persons holding positions under the provisions of ORS 241.016 to 241.990, and shall enter therein all appointments, promotions, demotions, transfers, reinstatements, resignations, suspensions, leaves of absence, removals and discharges, setting forth in each instance the date of commencement or termination of service, or other change, the nature of the duties performed, and the salary or compensation therefor, together with sufficient information to show why and how such appointments, or other changes, were made. The roster shall be kept so as to disclose readily to any one desiring to inspect the same all such matters in connection with each position in each department of the county government, subject to civil service, and in connection with each person employed therein

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ORS 241.160 [Repealed by 1983 c.310 §21]

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ORS 241.165 [Repealed by 1983 c.310 §21]

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ORS 241.205 Basis of appointment and promotion generally. Except as otherwise expressly provided in ORS 241.016 to 241.990, the appointment and promotion of all persons to or in all positions subject to the provisions of ORS 241.016 to 241.990 shall be made solely upon merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation

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ORS 241.210 Board of county commissioners to control creation of positions and fixing of compensation. All positions subject to civil service in the county shall be created by the board of county commissioners and the board is authorized to fix the compensation of all employees employed therein. In the creation of each position subject to civil service, and in determining the amount of compensation thereof, the board shall give due consideration to the recommendation of the civil service commission and the appointing power of the department under which the position is created

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ORS 241.215 Classification and compensation; rules. (1) The commission shall classify, with reference to the examinations provided for in ORS 241.016 to 241.990, all positions in the public service of the county to which ORS 241.016 to 241.990 apply. The classifications shall be based upon the respective functions of the positions and the compensation attached thereto, and shall be arranged so as to permit the grading of positions of like character in groups and subdivisions, to the end that like compensation shall be paid for like duties

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ORS 241.220 Examinations; notice. (1) The commission shall, from time to time, hold public competitive examinations to ascertain the fitness of applicants for all positions in the classified service

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ORS 241.225 Qualification for examination; rules. Examinations shall be confined to citizens of the United States who can read and write the English language and who also possess such qualifications as to fitness, habits and moral character as are prescribed by rules of the commission. [Amended by 1959 c.689 §7; 1961 c.135 §4]

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ORS 241.230 Character of examinations. (1) All examinations shall be practical in character and shall relate only to those matters which fairly test the relative fitness of persons examined to discharge the duties of the positions for which they are applicants. Examinations shall include, when appropriate, tests of health and physical qualification, and of manual, clerical or professional skill

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ORS 241.235 Civil service examiners. The commission shall control all examinations and shall designate the persons who shall act as examiners at any examination. When a person in the official service of the county is designated as examiner, the person shall act as such without extra compensation. Any commissioner may act as examiner

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ORS 241.240 Credits to experienced applicants. The regulations of the commission shall provide for a credit on original entrance examinations, in a percentage to be determined by the commission, for experience in work similar to that for which examinations are held. [Amended by 1959 c.84 §1; 1977 c.854 §2]

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ORS 241.245 Examinations for promotions. (1) Examinations for promotions shall be among the members of the lower classifications or grades established for each department who desire to offer themselves for such examination. The regulations adopted for examination of applicants for promotion shall, as near as may be, follow the regulations governing the examination of applicants for original appointment

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ORS 241.250 Register of eligibles; relative rank; striking of names; rules. The commission shall prepare and keep a register for each grade and classification in the classified civil service of all persons whose general average standing upon examination for such grade or classification is not less than the minimum fixed by the rules of the commission, and who are otherwise eligible. Such persons shall take rank upon such register, as candidates, in the order of their relative excellence, as determined by examination and investigation. Candidates of equal standing shall take rank upon the register according to the order in which their applications are filed. The commission may, by rule, provide for striking candidates from the list after they have remained thereon for a specified time, and may limit the number of times the same candidate shall be certified to the appointing power

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ORS 241.255 Vacancies filled by promotion if practicable. The commission shall by regulations provide that wherever practicable vacancies shall be filled by promotion

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ORS 241.260 Classified civil service vacancies; certification of candidates for vacancies. Whenever there is a vacancy in any position in the classified civil service, the appointing power shall immediately notify the commission thereof. The commission shall thereupon certify to the appointing power the names and addresses of the three eligible candidates standing highest upon the register for the classification or grade to which such position belongs. If there are fewer than three, the commission shall certify all candidates upon the register. When vacancies exist in two or more positions of the same classification in the same department at the same time, the commission shall certify at least two candidates for each position, but those certified must be the eligible candidates standing highest upon the register. The appointing power may require the candidates so certified to come before the appointing power, and the appointing power may inspect their examination papers. The regulations for certification of applicants for promotion shall, as near as may be, follow the regulations governing the certification of applicants for original appointment. [Amended by 2005 c.22 §183]

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ORS 241.265 Probationary appointments; discharge during probation; effect of failure of promoted candidate to qualify. (1) The appointing power shall appoint to each vacant position one of the candidates certified. The person so appointed shall be on probation for a period to be fixed by the regulations of the commission, not to exceed one year if the position is in the police department of the office of the sheriff, otherwise not to exceed six months. During probation the appointing power may discharge the probationer, and in like manner appoint another of such candidates, and so continue until all candidates have been appointed. The reasons, in each instance, for such discharge, shall be filed in writing with the commission. If the reasons are deemed insufficient by the commission, the discharged candidate shall, notwithstanding such discharge, retain the rank upon the eligible list

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ORS 241.270 Waiver of appointment. Any person on the eligible list may waive any appointment and in such event shall retain rank on the eligible list

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