Title 22, Public officers and Employees

Whenever any rural fire protection, water or sanitary district becomes partially or wholly absorbed into a city which operates under a system of civil service for its employees, notwithstanding the civil service provisions of law or such city’s charter, the governing body of the …

ORS 242.310 to 242.640 and 242.990 (1) shall be known as the Custodians’ Civil Service Law.

As used in ORS 242.310 to 242.640, unless the context requires otherwise: (1) “Assistant custodian” means any employee who works under the supervision of a custodian except those who: (a) Work less than eight hours per day; or (b) Work less than 12 months per year; or (c) Receive…

(1) In all school districts having a population of 475,000 or more persons according to the last federal census, there is created a civil service board with jurisdiction over the appointment, employment, classification and discharge of custodians and assistant custodians in the e…

To be eligible for appointment to the board, a commissioner shall: (1) Be a resident of Oregon. (2) Be known to be devoted to the principles of civil service. (3) Not be a member or employee of the school board. [Amended by 2023 c.437 §2]

(1) Initial appointments of the commissioners shall be as follows: One for two years, one for four years and one for six years. Thereafter each appointment shall be for a term of six years. (2) The commissioners shall serve without compensation.

(1) The school board may remove any commissioner for just cause at any time. (2) In the event of removal or of a vacancy caused by death or resignation, the vacancy shall be filled by the school board. Such appointment shall be for the unexpired term of the commissioner whose pla…

The civil service board shall appoint a secretary, who shall keep a record of its proceedings, preserve all reports made to it, superintend and keep a record of all assessments held under its direction and perform such other duties as it may prescribe. The secretary shall hold of…

The school board shall provide the civil service board with suitable and convenient rooms and accommodations 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 board. The school board a…

The civil service board may make appropriate rules and regulations to carry out the provisions of the Custodians’ Civil Service Law. The rules shall provide in detail the manner in which assessments are to be held and appointments and removals made. The board may, from time to ti…

The board shall, on or before January 1 of each year, make a report to the school board of the district, showing its rules in force and the practical effect thereof, and any suggestions it may have for a more effective accomplishment of classified civil service. The board shall a…

The board shall keep on file all documents related to an assessment held by the board for a period of at least five years and all other papers and documents and communications received by it. All records shall be public and, as such, accessible at convenient times. [Amended by 20…

The board may make any appropriate investigation to carry out the purposes of the Custodians’ Civil Service Law. In connection therewith, any member of the board may administer oaths, issue subpoenas to witnesses and compel their attendance at assessments, and examine books, pape…

The civil service board shall classify, with relation to the character of work and the compensation attached thereto, all positions in the service of the school board within the district including those under the supervision of a custodian except those described in ORS 242.320 (1…

(1) No appointment or promotion to any position shall be made except as provided in the Custodians’ Civil Service Law. All appointments to beginning employment positions in the classified civil service shall be made according to fitness, to be ascertained by open competitive asse…

The board shall, from time to time, hold public competitive assessments to ascertain the fitness of applicants for beginning employment positions of the classified civil service. The board shall control those assessments and may designate any person to act as assessor without com…

Assessments shall be practical in character and relate only to those matters that consider the relative fitness of the persons assessed to discharge the duties for the respective positions for which they are applicants. The assessments must consider professional skill, prior expe…

Subject to rules adopted by the Oregon Department of Administrative Services under ORS 181A.215, the civil service board may require an applicant for a custodial position to furnish evidence satisfactory to the board of good character and such other evidence as the civil service …

(1) The board shall prepare and keep a register for each grade or class of positions of the persons whose average standing, upon assessment for such grade or class, is not less than the minimum fixed by the rules of the board, and who otherwise are eligible. Such persons shall ta…

(1) Whenever there is a vacancy in any position in the classified civil service, the school board, or its designated representative, immediately shall notify the civil service board thereof. (2) The civil service board thereupon shall certify to the appointing authority the names…

Each person appointed to a vacant position shall be on probation for a period of one year from the date of hire. Within that time the person may be discharged and another candidate appointed in like manner. [Amended by 1979 c.738 §4]

(1) The appointing authority must make a permanent appointment from the list of candidates certified by the board, unless, upon reasons signed in writing by the appointing authority, the board consents to and certifies a new list of candidates. If a person on probation is not dis…

In cases of emergency, to prevent delay or injury to the property of the school district or of the public business, the appointing authority may fill any position temporarily but not for longer than 30 days.

Any appointing authority of the school district may suspend any person within the classified service for any cause for a period of not exceeding 30 days. If any employee in the classified service is suspended by reason of the closing of a school or lack of work to be done, the em…

No employee in the classified civil service who has been permanently appointed, shall be dismissed except for cause. A written statement of the cause of dismissal, in general terms, shall be served upon the dismissed employee and a duplicate filed with the board. A dismissal may …

(1) The investigation pursuant to ORS 242.620 shall be confined to determining whether the dismissal was or was not 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 the purpose of improving public…

An employee in the classified civil service who has been duly dismissed for cause shall not be eligible for an assessment for appointment without the approval of the civil service board. Approval shall not be granted unless the board on evidence presented by applicant finds that …

No person shall: (1) Willfully or corruptly or in cooperation with one or more persons, defeat, deceive or obstruct any person with respect to the right of the individual to assessment or registration according to the regulations prescribed by the civil service board pursuant to …

As used in ORS 242.702 to 242.824, unless the context requires otherwise: (1) “Appointing power” includes every person or group of persons who, acting singly or as a board, council or commission, are vested with authority to select, appoint or employ any person to hold any positi…

(1) ORS 242.702 to 242.824 do not apply to any political subdivision which under its charter, ordinances or regulations has a civil service system covering the employees of its fire department which substantially accomplishes the general purposes of ORS 242.702 to 242.824. Howeve…

(1) There hereby is created in each political subdivision subject to ORS 242.702 to 242.824 a civil service commission composed of three members appointed or confirmed by the governing body of the political subdivision according to its charter, ordinances or regulations. If the p…

No member of the commission shall be a member of the governing body or an employee of the political subdivision subject to ORS 242.702 to 242.824, except that any commissioner may serve as a member of any other civil service commission. The persons appointed shall be known to bel…

The governing body or fire commission which appoints commissioners may remove any commissioner for incompetency, dereliction of duty or other good cause, after giving due notice in writing of the charges against the commissioner and an opportunity to be heard publicly on such cha…

(1) Immediately after the appointment of all of its members the commission shall elect a chairperson. The commission shall hold such meetings as may be required for the proper discharge of its duties with a meeting at least once every 90 days and such additional meetings as are r…

(1) The commission shall prepare and submit a budget to the governing body of the political subdivision prior to each fiscal year for which an appropriation is needed to carry out the provisions of ORS 242.702 to 242.824. (2) The governing body of each political subdivision shall…

(1) In accordance with the requirements of subsection (2) of this section, the commission shall appoint a chief examiner who may act as the commission’s secretary. The chief examiner, or any other person appointed as secretary, shall keep records of the commission’s proceedings, …

The governing body of every political subdivision subject to ORS 242.702 to 242.824 shall: (1) Supply the commission with all office supplies, equipment and space necessary to carry on the business of the commission. (2) Provide the commission with such clerical assistance as the…

All officers of the political subdivision shall: (1) Aid in all proper ways in carrying out the provisions of ORS 242.702 to 242.824 and such rules and regulations as may, from time to time, be prescribed by the commission. (2) Afford the commission, its members and employees, al…

(1) The commission shall keep on file all examination papers and their markings, records in commission hearings and all other papers, documents and communications received by it. Except for examination papers all such reports and files of the commission shall be public records an…

(1) The commission shall make suitable regulations not inconsistent with ORS 242.702 to 242.824 to carry out the provisions thereof. The regulations shall provide in detail the manner in which examinations shall be held, and appointments, promotions, demotions, transfers, reinsta…

(1) When any resident of the political subdivision or any person subject to civil service alleges in a verified petition that an abuse or abuses of the provisions of ORS 242.702 to 242.824 exist, the commission shall: (a) Investigate the enforcement and effect of the provisions o…

(1) In the course of an investigation, the commission may administer oaths, subpoena witnesses and compel the production of books, papers, documents and accounts pertinent to the investigation. Attendance of witnesses, either with or without books, papers, documents or accounts, …

Every person served with a subpoena requiring attendance before the commission 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 who is employed in the public service of t…

(1) All hearings and investigations before the commission are governed by ORS 242.702 to 242.824 and by the rules and practice of procedure adopted by the commission; and in the conduct thereof, the commission is not bound by the rules of evidence. (2) No informality in any heari…

The commission may conduct any civil suit or action which may be necessary for the proper enforcement of ORS 242.702 to 242.824 and the rules of the commission. The commission shall be represented in such proceedings by the chief legal officer of the political subdivision. If the…

(1) The commission shall certify in writing to the payroll officer of the political subdivision: (a) The name of each person appointed or employed in the civil service, stating in each case the title or character of the position held by such person, the salary or compensation ass…

(1) No officer or employee of the political subdivision shall authorize, draw, sign, countersign, issue or honor any warrant or order for the payment of, or pay, any salary or compensation to any person in a position subject to civil service who is not certified by the commission…

(1) Except as otherwise expressly provided in ORS 242.702 to 242.824, the appointment and promotion of all persons to all civil service positions shall be made solely upon merit, efficiency, and fitness, which shall be ascertained by open competitive examination and investigation…

(1) The commission shall classify, with reference to the examinations provided for in ORS 242.702 to 242.824, all positions in the civil service. The classifications shall be based upon the functions of the positions and the compensation attached thereto. (2) The classifications …

(1) All persons employed in positions subject to civil service at the time such position first becomes subject to civil service, and who have been employed by the political subdivision continuously for a period of at least six months preceding the date when that position became s…