Oregon Statutes - Chapter 242 - Civil Service for City or School District Employees and Firefighters

• 242.010   [Repealed by 1959 c.252 §46]
• 242.020   [Repealed by 1959 c.252 §46]
• 242.030   [Repealed by 1959 c.252 §46]
• 242.040   [Repealed by 1959 c.252 §46]
• 242.050   Civil service for employees of certain districts after annexation.
  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...
• 242.310   Short title.
  ORS 242.310 to 242.640 and 242.990 (1) shall be known as the Custodians’ Civil Service Law.
• 242.320   Definitions for ORS 242.310 to 242.640.
  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...
• 242.330   Civil service board.
  (1) In all school districts having a population of 300,000 or more persons according to the last federal census, there is created a civil service...
• 242.340   Qualifications of commissioners.
  To be eligible for appointment to the board, a commissioner shall: (1) Be an elector of the school district. (2) Be a resident of the...
• 242.350   Terms and compensation of commissioners.
  (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...
• 242.360   Removal and vacancies.
  (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...
• 242.370   Secretary; duties; salary.
  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...
• 242.380   Offices and clerical help.
  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...
• 242.390   Rules.
  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...
• 242.400   Annual report; roster of employees.
  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...
• 242.410   Records preserved; open to public.
  The board shall keep on file all examination papers and markings thereof for a period of at least five years and all other papers and...
• 242.420   Investigations; oaths; subpoenas; examination of books, papers and records.
  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...
• 242.510   Classified service.
  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...
• 242.520   Merit system to be observed.
  (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...
• 242.530   Competitive examinations; examiners.
  The board shall, from time to time, hold public competitive examinations to ascertain the fitness of applicants for beginning employment positions of the classified civil...
• 242.540   Character of examinations.
  Examinations shall be practical in character and relate only to those matters which test the relative fitness of the persons examined to discharge the duties...
• 242.550   Fitness for appointment; board approval.
  The civil service board may require an applicant for a custodial position to furnish evidence satisfactory to the board of good character, mental and physical...
• 242.560   Register of eligible candidates; ranking; rules.
  (1) The board shall prepare and keep a register for each grade or class of positions of the persons whose average standing, upon examination for...
• 242.570   Certification of candidates for vacancies; rules.
  (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...
• 242.580   Probation.
  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...
• 242.590   Permanent appointments.
  (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...
• 242.600   Emergency appointments.
  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...
• 242.610   Suspension; reappointment.
  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...
• 242.620   Dismissal.
  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...
• 242.630   Investigation; findings; appeal.
  (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...
• 242.635   Board approval necessary for eligibility after dismissal; requirements for approval.
  An employee in the classified civil service who has been duly dismissed for cause shall not be eligible for examination for appointment without the approval...
• 242.640   Prohibited conduct.
  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...
• 242.702   Definitions for ORS 242.702 to 242.824.
  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...
• 242.704   Political subdivisions and positions to which ORS 242.702 to 242.824 apply.
  (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...
• 242.706   Civil service commission; members; term of office; compensation.
  (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...
• 242.708   Qualifications of commissioners.
  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...
• 242.710   Removal of commissioners.
  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...
• 242.712   Chairperson of commission; meetings; quorum.
  (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...
• 242.714   Preparation of budget; appropriations.
  (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...
• 242.716   Chief examiner and secretary of commission.
  (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...
• 242.718   Offices and clerical help for commission.
  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...
• 242.720   Officers of political subdivision to assist commission.
  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...
• 242.722   Preservation of records and examinations; public records.
  (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...
• 242.724   Rules of commission; examinations.
  (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...
• 242.726   Investigation by commission of abuses; report of investigation.
  (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...
• 242.728   Administering oaths; compelling attendance of witnesses and production of documents; depositions of witnesses.
  (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...
• 242.730   Witness fees.
  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...
• 242.732   Procedure in hearings before commission; rules of evidence.
  (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...
• 242.734   Action to secure compliance with ORS 242.702 to 242.824.
  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...
• 242.736   Commission certification of payroll required.
  (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...
• 242.738   Payments to persons not certified by commission prohibited.
  (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,...
• 242.752   Basis of appointment and promotion; creation of positions; fixing compensation.
  (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...
• 242.754   Classification of positions.
  (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...
• 242.756   Effect on incumbent when position first becomes subject to civil service.
  (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...
• 242.758   Examinations.
  (1) The commission shall hold public competitive examinations to ascertain the fitness of applicants for all positions in the civil service. Entrance examinations shall be...
• 242.760   Qualifications for admission to examination.
  Examinations shall be given only to persons who possess such qualifications as to residence, age, health, education, citizenship, habits and moral character as are prescribed...
• 242.762   Promotional examinations.
  (1) Promotional examinations shall be given to those who desire to offer themselves for such examination and are in the qualified classifications or grades as...
• 242.764   Entrance and promotion register.
  (1) The commission shall prepare and keep a register for each grade and classification in the civil service of all persons whose general average standing...
• 242.766   Appointment or rejection of certified candidates by appointing power; probation; discharge; demotion.
  (1) The appointing power shall appoint one of the certified candidates to the vacant position, on probation for a period of 12 months. If the...
• 242.768   Permanent and temporary appointments; rules.
  (1) The appointing power shall make permanent appointments from the list of candidates certified. If any probationer is not discharged during the period of probation,...
• 242.770   Vacancies.
  Whenever there is a vacancy in any position in the civil service, the appointing power shall immediately notify the commission of the vacancy. The commission...
• 242.772   Report of appointing power to commission.
  Each appointing power shall: (1) Report to the commission forthwith upon each appointment the name of the appointee, the title or character of the position...
• 242.774   Civil service roster.
  The commission shall keep in its office an official roster of all persons holding civil service positions and shall enter therein all appointments, promotions, demotions,...
• 242.792   Leave of absence.
  Leave of absence for not more than 90 days without pay, and without consent of the commission, may be granted by the appointing power to...
• 242.794   Transfer or reinstatement.
  (1) The appointing power may authorize the transfer or reinstatement of any person holding one position to a similar position in the same classification or...
• 242.796   Grounds for dismissal, demotion, suspension or deprivation of special privileges.
  (1) The tenure of persons subject to civil service shall continue during good behavior and such persons may be dismissed, demoted, suspended without pay or...
• 242.798   Dismissal, demotion, suspension or deprivation of special privileges only for cause; written accusation.
  No person subject to civil service who has been permanently appointed under ORS 242.702 to 242.824 shall be dismissed, demoted, suspended without pay or deprived...
• 242.800   Investigation and hearing upon demand of accused; right to counsel.
  Any permanent employee who has been dismissed, demoted, suspended without pay or deprived of special privileges may, within 10 days, file with the commission a...
• 242.802   Findings of commission.
  After an investigation and public hearing, the commission may affirm or modify the action taken by the appointing power, or if it finds that the...
• 242.804   Appeal from finding of commission; issue on appeal limited.
  (1) Any decision of the commission affecting any permanent employee or employees subject to ORS 242.702 to 242.824 may be appealed to the circuit court...
• 242.822   Prohibited conduct generally.
  No person shall: (1) Alone or in cooperation with one or more persons defeat, deceive or obstruct any person in respect to the right of...
• 242.824   Contribution to political or religious funds or performance of political service.
  No person holding any position subject to civil service is under any obligation to contribute to any political or religious fund or to render any...
• 242.990   Penalties.
  (1) Violation of any of the provisions of the Custodians’ Civil Service Law is a misdemeanor. (2) Willful violation of any of the provisions of...

Last modified: August 7, 2008