Title 22, Public officers and Employees

The Employment Relations Board Administrative Account is established separate and distinct from the General Fund. The account consists of all moneys received by the Employment Relations Board, other than moneys appropriated to the board by the Legislative Assembly. All moneys in …

The Administrator of the Personnel Division, subject to the approval of the Director of the Oregon Department of Administrative Services, shall direct and supervise all the administrative and technical activities of the Personnel Division. In addition to the duties imposed upon t…

A division of the service may designate a staff employee to serve as personnel officer for that division of the service. Such a personnel officer shall administer, within the division of the service, training and educational programs developed by the administrative head thereof i…

(1) The administrative expenses and costs of operating the Personnel Division shall be paid by the various divisions of the service in the state government. To establish an equitable division of the costs, the amount to be paid by each division of the service shall be determined …

(1) The administrative expenses and costs of operation of the Employment Relations Board in behalf of the state service shall be paid by the various divisions of the service in the state government. The board shall determine the amount of the expenses and costs to be paid by each…

All moneys received by the Personnel Division pursuant to the state personnel management program shall be deposited in the State Treasury to the credit of the Oregon Department of Administrative Services Operating Fund and are appropriated continuously out of that fund for the pa…

(1) On and after January 1, 2018, the number of persons employed by the state may not exceed 1.5 percent of the state’s population of the prior year. (2) The population figure shall be that required by ORS 190.510 to 190.610. (3) This section applies to all full-time equivalent b…

(1) It is declared to be the public policy of the State of Oregon to attempt to achieve an equitable relationship between the comparability of the value of work, as defined in ORS 292.951, performed by persons in state service and the compensation and the classification structure…

Positions in the service of the state are divided into the following categories: (1) The classified service as provided in ORS 240.210. (2) The unclassified service as provided in ORS 240.205. (3) The exempt service as defined in ORS 240.200. (4) The management service as provide…

The exempt service shall comprise: (1) Officers elected by popular vote and persons appointed to fill vacancies in elective offices. (2) Members of boards and commissions who serve on a part-time basis and who, if compensated, receive compensation on a per diem basis. (3) Judges,…

The unclassified service shall comprise: (1) One executive officer and one secretary for each board or commission, the members of which are elected officers or are appointed by the Governor. (2) The director of each department of state government, each full-time salaried head of …

The classified service comprises all positions in the state service existing on June 16, 1945, or thereafter created and which are not listed in ORS 240.200, 240.205 or 240.212. [Amended by 1955 c.738 §7; 1981 c.409 §2]

The management service shall comprise all positions not in the unclassified or exempt service that have been determined to be confidential employees, supervisory employees or managerial employees, as defined in ORS 243.650. [1981 c.409 §6; 1995 c.286 §25]

(1) The Personnel Division of the Oregon Department of Administrative Services shall adopt a classification plan which shall group all positions in the classified service in classifications based on their duties, authority and responsibilities; and which shall set forth for each …

Whenever class specifications for a class of positions in the classified service are changed to reflect revised or added responsibilities that require either the same level or a higher level of competence, such change will not result in a downward reclassification of the class. […

(1) Except as otherwise provided by section 30, Article IV of the Oregon Constitution, notwithstanding any statute or salary plan establishing the salary for a position in the exempt, unclassified or management service, a Senator or Representative who is appointed to a position i…

(1) The Personnel Division shall establish and implement a merit pay system which shall take into consideration individual performance and organizational accomplishment, prevailing rates of pay for the services performed and for comparable services in public and private employmen…

(1) The unclassified service or, except as provided in ORS 240.250, the management service shall not be subject to this chapter, except that employees and officers in the unclassified or management service shall be subject to the laws, rules and policies pertaining to any type of…

The exempt service shall not be subject to the provisions of this chapter, except that, with regard to any position for which salaries are not fixed by law, the officer authorized by law to appoint or fill such position shall maintain a salary plan equitably applied to the exempt…

The Personnel Division shall adopt rules, policies and procedures necessary for the management service. The rules may cover any wages, hours, terms and conditions of employment addressed by this chapter, even if, absent the rule, those wages, hours, terms and conditions would not…

(1) Recruiting, selecting and promoting employees shall be on the basis of their relative ability, knowledge, experience and skills, determined by open competition and consideration of qualified applicants, without regard to an individual’s race, color, religion, sex, sexual orie…

(1) Any complaint alleging violation of ORS 240.309 shall be filed with the Employment Relations Board. (2) Any employee may file a complaint with the board alleging violation of ORS 240.309. (3) If the employee makes a prima facie case showing that the employer has violated ORS …

(1) Temporary employment shall be used for the purpose of meeting emergency, nonrecurring or short-term workload needs of the state. (2) A temporary employee may be given a nonstatus appointment without open competition and consideration only for the purposes enumerated in this s…

(1) Delegations of authority and responsibility to operating agencies shall be subject to appropriate post-audit review by the Personnel Division. (2) Controversies between operating agencies and the division arising from post-audit reviews shall be resolved by the Director of th…

(1)(a) Persons initially appointed to or promoted to a permanent or seasonal position in state service shall be subject to a trial service period. (b) An appointing authority has the discretion to subject an employee to a trial service period when: (A) A management service employ…

(1) All collective bargaining between the state and its agencies and any certified or recognized exclusive employee representative of classified employees shall be under the direction and supervision of the Director of the Oregon Department of Administrative Services. (2) Notwith…

(1) In the event of emergency or abnormal employment conditions due to disaster, national defense, war or conflict in which the Armed Forces of the United States are participating and because of which Oregon citizens are subject to induction into the Armed Forces, if a critical s…

An appointing authority may file in writing with the Personnel Division names of staff employees to act in the name of the appointing authority and to perform any act or duty of the appointing authority authorized under the provisions of this chapter. [1971 c.695 §5; 1979 c.468 §…

An employee in the state service employed in an unclassified or exempt position who is not a confidential employee, managerial employee or supervisory employee, as defined in ORS 243.650, and who is not represented by an exclusive representative as defined in ORS 243.650 may be a…

At any time during the trial service period, the appointing authority may remove an employee if, in the opinion of the appointing authority, the trial service indicates that such employee is unable or unwilling to perform duties satisfactorily or that the habits and dependability…

Positions which occur, terminate and recur periodically and regularly regardless of the duration thereof shall be designated by rule, policy or procedure of the Personnel Division as seasonal positions. An employee who satisfactorily serves in a seasonal position the trial servic…

In cooperation with appointing authorities, the Personnel Division shall establish a system of merit ratings to determine the quality of performance and relative merit of employees in the classified service. [Amended by 1969 c.80 §71; 1979 c.468 §16] STATE MANAGEMENT CREDENTIALS …

The Oregon Department of Administrative Services shall establish a state management credentials program for state agency managers and employees on a career track to become agency managers. The state management credentials program shall include training opportunities for agency em…

The Personnel Division may adopt rules, policies and procedures for state agencies to provide employees in the classified and unclassified service with payments on account of sickness in lieu of accrued and any future sick leave with pay. The Legislative Assembly, state courts an…

The Personnel Division shall establish the hours of work, holidays, leaves of absence with and without pay and vacations of employees in the state classified service. The division may delegate this responsibility to individual operating agencies where appropriate. [1979 c.468 §21…

The appointing authority in any division of the service may suspend, reduce, demote or dismiss an employee thereof for misconduct, inefficiency, incompetence, insubordination, indolence, malfeasance or other unfitness to render effective service. [Amended by 1969 c.80 §77; 1975 c…

(1) A regular 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 …

Judicial review of orders under ORS 240.560 shall be as provided in ORS chapter 183. [1971 c.734 §31]

(1) Positions in the unclassified, management and exempt services may be filled by classified employees. After an employee is terminated from the unclassified or exempt service or removed from the management service, for reasons other than those specified in ORS 240.555, the stat…

An employee who is initially appointed to a position in the unclassified service as a member of the Oregon State Police under ORS 181A.050, who separates voluntarily from that service and who, within two years after the separation, is appointed to a position in the classified ser…

An employee in the exempt service who has been employed full-time for at least 12 months consecutively in such service may be noncompetitively reemployed in a position for which qualified within two years from the date of separation, if separated from state service in good standi…

(1) Notwithstanding ORS 662.435, when the Employment Relations Board assigns a mediator under ORS 243.712 or 662.425 to resolve a labor dispute or labor controversy between a local public employer and the exclusive representative of the public employees of that employer, the boar…

(1) No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification, or appointment made under this chapter, or in any manner commit or attempt to commit any fraud preventing the impartial execution of this chapter and the rule…

No copy of a personnel discipline action that has been communicated orally or in writing to the employee and subsequently reduced in severity or eliminated through collective bargaining, grievance or personnel process shall be placed or otherwise retained in the personnel file of…

It is the policy of the State of Oregon to encourage cooperative, participatory work environments and team-based management practices in all state agencies. To that end, when feasible and appropriate, state agencies shall: (1) Delegate responsibility for decision-making and servi…

(1) As used in this section: (a) “State agency” means any state office, department, division, bureau, board and commission, whether in the executive, legislative or judicial branch. (b) “Telecommute” means to work from the employee’s home or from an office near the employee’s hom…

(1) Subject to ORS 153.022, any person who willfully violates any provision of this chapter or of the rules thereunder commits a Class A misdemeanor. (2) Any person who fails to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to…

(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…

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]

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 t…