Chapter 241 — Chapter 241

ORS 241.275 Permanent appointments. The appointing power must make permanent appointments from the list of candidates certified, unless, for reasons assigned in writing by the appointing power, the commission consents to and certifies a new list of candidates. If any probationer is not discharged during the period of probation, the appointment of the probationer shall be deemed permanent

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ORS 241.280 Temporary appointments. When there is no eligible list from which a position may be filled, the appointing power may, with the consent of the commission, fill such position by temporary appointment. A temporary appointment shall not continue for a longer period than three months, nor shall successive temporary appointments be made to the same position under this section without the previous consent of the commission. In no case shall any person hold a position under a temporary appointment for a period longer than six months without the unanimous consent of the commission. All temporary appointments caused by leaves of absence shall be made from the eligible list of the classified service

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ORS 241.285 Emergency appointments; rules. The commission shall establish rules and regulations under which emergency appointments may be made when those on the eligible list are not immediately available, and fix the time for which such emergency appointments shall be valid; provided, nothing contained in ORS 241.016 to 241.990 shall be construed to change, alter or impair the power of any officer, as provided by law, to command the assistance of the inhabitants of the county of the officer in serving or executing, or overcoming resistance to the service or execution of, any process, order or paper delivered to the officer for execution or service

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ORS 241.290 Efficiency records. (1) Records of individual efficiency of holders of positions under civil service shall be established and kept in all departments of the county government. The records shall be made by the appointing power, unless otherwise directed by the commission, and in accordance with such regulations as the commission may prescribe. Copies of the records shall be filed with the commission from time to time, as it may require

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ORS 241.295 Appointments and promotions to be made only as provided in ORS 241.016 to 241.990. No appointment or promotion to any position in the classified civil service of the county shall be made except in the manner provided in ORS 241.016 to 241.990

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ORS 241.300 Appointment of undersheriff, deputy undersheriff and administrative aide; reinstatement. (1) Notwithstanding any other provision of ORS 241.016 to 241.990, any person under a civil service system employed in the office of the sheriff or registered on the eligible list is eligible for appointment as an undersheriff, deputy undersheriff or administrative aide to the sheriff. If the deputy sheriffs in the county are under civil service, only a deputy sheriff serving in the law enforcement department of the office of the sheriff is eligible for appointment as a deputy undersheriff

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ORS 241.405 Leaves of absence. (1) Leave of absence for not more than 30 days, without pay, and without the consent of the commission, may be granted by any appointing power to any person under civil service subject to the authority of the appointing power. The appointing power shall give immediate notice of such leave to the commission. Leaves of absence for longer periods shall not be granted except by express permission of the commission

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ORS 241.410 Prohibition of transfer, reinstatement, suspension or dismissal contrary to ORS 241.016 to 241.990. No person shall be reinstated in, or transferred, suspended or discharged from any position contrary to the provisions of ORS 241.016 to 241.990

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ORS 241.415 Transfers and reinstatement. (1) The commission may authorize the transfer of any person legally holding one position to a similar position in the same classification or grade. The commission may provide for the reinstatement within one year of persons separated from positions in the civil service without fault or delinquency on their part, if within that time there is need for their services

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ORS 241.420 Suspensions. Any appointing power may, without hearing or trial, preemptorily suspend any subordinate for cause for a reasonable period, not exceeding 30 days, with loss of salary or other compensation. No suspension shall be made except upon written charges served upon the accused and filed with the commission, with the privilege to the accused of serving upon the appointing power a written answer and explanation of such charges, and filing a copy of the same with the commission. No suspension made by any appointing power pursuant to this section shall be subject to review by the commission or any other tribunal. No appointing power may suspend the same subordinate more than twice, or for a total of more than 45 days, during any one year

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ORS 241.425 Tenure; causes for dismissal. The tenure of a person holding a position under the provisions of ORS 241.016 to 241.990 shall continue only during good behavior. Any person may be dismissed for any of the following causes

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ORS 241.430 Dismissal only for cause; written accusation. No person in the classified civil service who has been permanently appointed under ORS 241.016 to 241.990 shall be dismissed except for cause, and only upon the written accusation of the appointing power or the commission. A written statement of the accusation, in general terms, shall be served upon the accused, and a duplicate filed with the commission

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ORS 241.435 Necessity of a hearing prior to dismissal. Employees may be dismissed without a previous hearing except that persons who have been employed in the county public service continuously for five or more years shall be dismissed only after a hearing before the accusing authority

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ORS 241.440 Investigation of dismissal. A dismissed employee may, within 10 days from the time of dismissal, file with the commission a written demand for an investigation. If the demand alleges, or if it otherwise appears to the commission, that the dismissal was made for political or religious reasons, or because of reasons of age as described in ORS chapter 659A, or was not made in good faith for cause, the commission shall conduct an investigation. The investigation shall be confined to the determination of the question of whether the dismissal was or was not made for political or religious reasons or because of reasons of age as described in ORS chapter 659A and was or was not made in good faith for cause. The burden of proof shall be upon the dismissed person. [Amended by 1959 c.689 §8; 1977 c.770 §7; 2001 c.621 §72]

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ORS 241.445 Right of employee to public hearing and representation; limitations. All investigations pursuant to ORS 241.440 shall be by public hearing, after reasonable notice to the accused of the time and place of such hearing. At the hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting the defense of the accused. However, the right of the accused to a public hearing and to representation by counsel shall not apply to any preliminary trial or hearing before the accusing authority

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ORS 241.450 Orders of commission on review of investigation. After an investigation, the commission may affirm the dismissal or if it finds that the dismissal was made for political or religious reasons, or because of reasons of age as described in ORS chapter 659A, or was not made in good faith for cause, shall order the immediate reinstatement and reemployment of the employee in the position from which the employee was dismissed. Reinstatement shall be retroactive and entitle the dismissed employee to pay or compensation from the time of dismissal. The commission, upon investigation, in lieu of affirming the dismissal, may modify the order of dismissal, 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 of the commission shall be certified in writing to the appointing power and forthwith enforced by the appointing power. [Amended by 1959 c.689 §9; 1977 c.400 §2; 1977 c.770 §8; 1993 c.778 §25; 2001 c.621 §73]

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ORS 241.455 Order is final if unanimous. No final judgment or order of removal, discharge, suspension or demotion made with the unanimous consent of the commission pursuant to ORS 241.450 shall be subject to review by any tribunal

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ORS 241.460 Orders appealable when not unanimous; issues on appeal limited. (1) If the judgment or order made pursuant to ORS 241.450 is concurred in by only two members of the commission, the accused may appeal to the circuit court of the county

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ORS 241.505 Prohibited conduct generally. No person shall

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ORS 241.510 [Repealed by 1967 c.630 §5]

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ORS 241.515 [Repealed by 1967 c.630 §5]

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ORS 241.520 [Repealed by 1967 c.630 §5]

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ORS 241.525 Corrupt practices prohibited. No public officer and no person who is nominated or seeks nomination or appointment for public office shall use, or promise to use, directly or indirectly, any official authority or influence, whether then possessed or merely anticipated, in the way of conferring upon any person, or in order to secure or aid any person to secure, any office or appointment in the public service, or any nomination, confirmation or promotion, or increase of salary, on consideration that the vote, political influence or action of the last named person or any other shall be given or used in behalf of any candidate, officer or political party or association, or upon any other corrupt condition or consideration. No public officer or employee, or person having or claiming to have any authority or influence for or affecting the nomination, public employment, confirmation, promotion, removal or increase or decrease of salary of any public officer or employee, shall corruptly use, or promise or threaten to use, any such authority or influence, directly or indirectly, in order to coerce or persuade the political vote or action of any citizen, or the removal, discharge or promotion of any public officer or public employee, or upon any corrupt consideration. As used in this section, the phrase “public officer” includes all public officials within the county, whether paid directly or indirectly from the public treasury of the United States, the state or any civil division thereof, including counties and cities, and whether by fees or otherwise; and the phrase “public employee” includes every person not being an officer who is paid from any such treasury

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ORS 241.530 Limitations on recommendations of applicants. (1) No recommendation, other than those allowed by the rules of the commission, in favor of any person who applies for any position under civil service, or for examination or registration under ORS 241.016 to 241.990, except as to residence, character, and, in case of former employees, as to ability, when a recommendation as to character or ability is specifically required by the rules, shall be given to or considered by any person concerned in making any examination, registration, appointment or promotion under ORS 241.016 to 241.990

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ORS 241.990 Penalties; jurisdiction. (1) Except as otherwise provided in this section, willful violation of any of the provisions of ORS 241.016 to 241.990 is a Class A misdemeanor

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