Oregon Statutes - Chapter 240 - State Personnel Relations

240.005 Short title.
This chapter shall be known as the State Personnel Relations Law. [Amended by 1979 c.468 §2]
240.010 Purpose of chapter.
The general purpose of this chapter is to establish for the state a system of personnel administration based on merit principles. [Amended by 1979 c.468
240.011 Policy on public service contracts; review.
(1) The Legislative Assembly declares that the interests of the state are best served by a system that goes beyond consideration of mere short-term cost...
240.012 Job sharing; policy statement.
The Legislative Assembly finds that job sharing is an efficient and effective technique which should be used to improve management of state agencies. It further...
240.013 Job-sharing positions; adjustment of benefits and detriments.
Insofar as reasonably possible, individuals who hold job-sharing positions shall be entitled to benefits and privileges and suffer detriments under this chapter in proportion to...
240.015 Definitions.
As used in this chapter, unless the context clearly requires otherwise: (1) �Administrator� means the Administrator of the Personnel Division. (2) �Appointing authority� means an...
240.055 Personnel Division.
The Department of Civil Service that has heretofore functioned under ORS chapter 240 is hereby renamed the Personnel Division and transferred into the Oregon Department...
240.057 Administrator of Personnel Division; appointment.
The Personnel Division shall be under the supervision and control of an administrator who shall be appointed by and hold office at the pleasure of...
240.060 Employment Relations Board; qualification of members; outside activities.
(1) The Civil Service Commission that has functioned under this chapter shall be continued as a board of three members to be known as the...
240.065 Appointment; terms; vacancies.
(1) The members of the Employment Relations Board shall be appointed by the Governor for a term of four years. (2) Each member shall be...
240.070 [Repealed by 1967 c.73 §3 (240.071 enacted in lieu of 240.070)]
240.071 Compensation and expenses of members.
A member shall be paid in accordance with the provisions of ORS 240.240. However, the Personnel Division shall adopt a salary plan that requires the...
240.075 Removal of members.
A member of the Employment Relations Board shall be removable by the Governor only for cause, after being given a copy of charges against the...
240.080 Chairperson appointed by Governor; meetings; quorum; hearings.
The Governor shall appoint one of the members of the Employment Relations Board as chairperson, who shall serve for a term not to exceed four...
240.085 [Repealed by 1969 c.80 §35 (240.086 enacted in lieu of 240.085)]
240.086 Duties of board; rules.
The duties of the Employment Relations Board shall be to: (1) Review any personnel action affecting an employee, who is not in a certified or...
240.088 Review of arbitration awards after written exceptions filed.
(1) If after a hearing on the exceptions filed as provided in ORS 240.086 (2), it appears to the Employment Relations Board that the award...
240.090 [Repealed by 1969 c.80 §92]
240.091 [Repealed by 1979 c.468 §1]
240.093 [1971 c.576 §3; repealed by 1979 c.468 §1]
240.095 [Amended by 1969 c.80 §37; 1969 c.489 §5; repealed by 1979 c.468 §1]
240.097 [1969 c.489 §2; repealed by 1979 c.468 §1]
240.099 [1969 c.658 §2; repealed by 1973 c.536 §39]
240.100 Administer oaths; subpoena witnesses; compel production of papers.
Each member of the Employment Relations Board may administer oaths, subpoena witnesses, and compel the production of books and papers pertinent to any investigation or...
240.105 Use of public facilities of state or municipalities.
All officers and employees of the state and of municipalities and political subdivisions of the state shall allow the Personnel Division or Employment Relations Board...
240.110 [Amended by 1969 c.80 §39; repealed by 1973 c.794 §34]
240.115 Action to secure compliance with chapter.
The Employment Relations Board may maintain such action or proceeding at law or in equity as it considers necessary or appropriate to secure compliance with...
240.120 [Amended by 1969 c.80 §39a; repealed by 1973 c.794 §34]
240.123 Board personnel; executive secretary of board; general counsel.
(1) The Employment Relations Board shall employ such personnel as it considers necessary for efficient administration of its vested duties, and fix the compensation of...
240.125 [Amended by 1969 c.80 §40; repealed by 1979 c.468 §1]
240.130 [Amended by 1969 c.80 §41; repealed by 1979 c.468 §1]
240.131 Employment Relations Board Administrative Account.
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...
240.135 [Amended by 1969 c.80 §42; repealed by 1979 c.468 §1]
240.140 [Amended by 1969 c.80 §42a; repealed by 1979 c.468 §1]
240.145 Duties of administrator; rules.
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...
240.150 [Amended by 1969 c.348 §1; repealed by 1979 c.468 §37]
240.155 [Amended by 1969 c.80 §44; repealed by 1979 c.468 §1]
240.160 Agency personnel officers.
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...
240.165 Cost of operating Personnel Division divided among various agencies of state government.
(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....
240.167 Cost of operating Employment Relations Board divided among various divisions of state government.
(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...
240.170 Oregon Department of Administrative Services Operating Fund.
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...
240.180 [1969 c.80 §36; 1971 c.734 §20; repealed by 1979 c.468 §1]
240.185 Maximum number of state employees; applicability; exceptions.
(1) On and after January 1, 1984, the number of persons employed by the state shall not exceed 1.5 percent of the state�s population of...
240.190 Policy on comparability of value of work and compensation and classification.
(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...
240.195 Categories of positions in state service.
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...
240.200 Exempt service.
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...
240.205 Unclassified service.
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...
240.207 [1969 c.564 §2; 1979 c.468 §29; repealed by 1995 c.612 §24]
240.210 Classified service.
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...
240.212 Management service.
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...
240.215 Classification plan; job share; career ladder; transfers.
(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...
240.217 Certain reclassifications prohibited.
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...
240.220 [Amended by 1969 c.80 §51; repealed by 1979 c.468 §1]
240.225 [Repealed by 1979 c.468 §1]
240.227 Salary for legislator appointed to exempt, unclassified or management service.
(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...
240.230 [Repealed by 1979 c.468 §1]
240.233 [1955 c.738 §8; 1969 c.80 §52; 1975 c.139 §1; repealed by 1979 c.468 §1]
240.235 Compensation plan for classified service.
(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...
240.240 Application of chapter to unclassified or management service.
(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...
240.245 Application of chapter to exempt service.
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...
240.250 Rules applicable to management service.
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...
240.305 [Amended by 1975 c.427 §5; repealed by 1979 c.468 §1]
240.306 Recruitment, selection and promotion of state employees; criteria; procedures; duties of department.
(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...
240.307 Procedure for enforcement of ORS 240.309; rules.
(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...
240.309 Temporary appointments; limitations; duration; extension; periodic reports; post-audit review; investigation; exceptions.
(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...
240.310 [Amended by 1969 c.80 §56; 1975 c.427 §6; repealed by 1979 c.468 §1]
240.311 Delegation of authority and responsibility by division; post-audit review.
(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...
240.315 [Amended by 1969 c.80 §57; 1975 c.427 §7; repealed by 1979 c.468 §1]
240.316 Trial service; regular status; procedures for transfer, demotion and separation of employees.
(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)...
240.320 [Amended by 1969 c.80 §58; repealed by 1979 c.468 §1]
240.321 Collective bargaining; effect of collective bargaining agreements on personnel rules; grievance procedures.
(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...
240.325 [Amended by 1969 c.80 §59; repealed by 1979 c.468 §1]
240.330 [Amended by 1969 c.80 §60; repealed by 1979 c.468 §1]
240.335 [Repealed by 1979 c.468 §1]
240.340 [Amended by 1959 c.689 §5; 1959 c.694 §1; 1969 c.80 §61; 1973 c.189 §1; 1973 c.827 §23; 1975 c.427 §8; 1979 c.861 §7; repealed by 1979 c.468 §1]
240.345 [Amended by 1969 c.80 §62; repealed by 1979 c.468 §1]
240.350 [Amended by 1969 c.80 §63; repealed by 1979 c.468 §1]
240.355 [Amended by 1969 c.80 §64; 1971 c.695 §3; 1975 c.325 §1; repealed by 1979 c.468 §1]
240.360 [Amended by 1955 c.140 §1; 1969 c.80 §65; 1975 c.427 §9; repealed by 1979 c.468 §1]
240.365 [Amended by 1969 c.80 §66; 1969 c.347 §1; 1975 c.427 §10; repealed by 1979 c.468 §37]
240.370 [Amended by 1971 c.696 §1; repealed by 1979 c.468 §1]
240.375 [Amended by 1959 c.375 §1; 1969 c.80 §67; repealed by 1979 c.468 §1]
240.379 [1981 c.557 §2; 1987 c.743 §1; 1989 c.224 §29; repealed by 1997 c.221 §1]
240.380 [Amended by 1971 c.695 §6; repealed by 1979 c.468 §1]
240.384 [1981 c.557 §3; 1989 c.224 §30; repealed by 1997 c.221 §1]
240.385 [Repealed by 1971 c.695 §10]
240.387 [1971 c.697 §2; repealed by 1979 c.468 §1]
240.390 [Repealed by 1979 c.468 §1]
240.391 [1979 c.217 §2; 1987 c.743 §2; 1989 c.224 §31; 1991 c.402 §2; 1993 c.9 §1; repealed by 2005 c.45 §1]
240.392 [1979 c.217 §3; 1989 c.224 §32; repealed by 1997 c.221 §1]
240.393 [1979 c.217 §4; 1981 c.557 §4; 1989 c.224 §33; repealed by 1997 c.221 §1]
240.394 [1979 c.217 §5; 1983 c.740 §63; 1989 c.224 §34; repealed by 1997 c.221 §1]
240.395 Suspension of merit system in emergencies; reinstatement.
(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...
240.400 Designation by appointing authority of staff employees to act as alternates.
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...
240.405 [Amended by 1961 c.647 §1; 1963 c.185 §1; 1969 c.80 §69; 1969 c.346 §1; repealed by 1979 c.468 §1]
240.410 Removals during trial period.
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...
240.415 [Repealed by 1979 c.468 §1]
240.420 [Repealed by 1961 c.646 §1]
240.425 Regular seasonal employees.
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...
240.430 Merit ratings.
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...
240.435 State Management Credentials Program required; purpose.
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...
240.505 [Repealed by 1979 c.468 §1]
240.510 [Amended by 1963 c.199 §3; 1969 c.80 §72; repealed by 1979 c.468 §1]
240.515 [Amended by 1953 c.353 §2; 1961 c.450 §1; 1969 c.80 §73; 1973 c.471 §1; repealed by 1979 c.468 §1]
240.520 [Amended by 1969 c.80 §74; repealed by 1979 c.468 §1]
240.525 [Repealed by 1979 c.468 §1]
240.530 [Repealed by 1979 c.468 §1]
240.535 [Amended by 1969 c.80 §75; repealed by 1979 c.468 §1]
240.540 [Amended by 1969 c.80 §76; repealed by 1979 c.468 §1]
240.545 [Repealed by 1979 c.468 §1]
240.546 Payments in lieu of sick leave with pay; rules; exclusions.
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...
240.550 [Repealed by 1979 c.468 §1]
240.551 Working hours, holidays, leaves of absence and vacations of employees in state classified service.
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...
240.555 Suspension, reduction, demotion or dismissal.
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...
240.560 Appeal procedure.
(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...
240.563 Judicial review.
Judicial review of orders under ORS 240.560 shall be as provided in ORS chapter 183. [1971 c.734 §31]
240.565 [Amended by 1969 c.80 §79; repealed by 1979 c.468 §1]
240.570 Classified employee filling position in unclassified, exempt or management service.
(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...
240.572 [1977 c.271 §3; repealed by 1979 c.468 §1]
240.575 [1971 c.542 §2; repealed by 1979 c.468 §1]
240.580 Service credits for service in unclassified service.
An employee who is initially appointed to a position in the unclassified service as a member of the Oregon State Police under ORS 181.250 or...
240.590 Reemployment of employee in exempt service.
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...
240.610 Mediation service fee; interest-based problem solving training fee; amount; payment; disposition of fees.
(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...
240.705 [Repealed by 1967 c.630 §5]
240.710 Certain acts unlawful.
(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,...
240.740 [1983 c.808 §2; repealed by 1989 c.890 §12]
240.750 When discipline action not to be retained in personnel file.
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...
240.850 Policy on work environments; duties of state agencies.
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...
240.855 Telecommuting; state policy; agencies to adopt written policies; biennial report.
(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...
240.990 Penalties.
(1) Subject to ORS 153.022, any person who willfully violates any provision of this chapter or of the rules thereunder is guilty of a misdemeanor...

Last modified: August 7, 2008