Bill Text: OR SB434 | 2013 | Regular Session | Introduced

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Bill Title: Relating to management service positions in state service.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB434 Detail]

Download: Oregon-2013-SB434-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 902

                         Senate Bill 434

Sponsored by Senator EDWARDS (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Specifies that management service employees serve at pleasure
of appointing authority and may be terminated at will. Eliminates
trial service period for management service employees.

                        A BILL FOR AN ACT
Relating to management service positions in state service;
  creating new provisions; and amending ORS 240.316, 240.560 and
  240.570.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 240.570 is amended to read:
  240.570. (1) Positions in the unclassified,  { + exempt and + }
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  { - , - }   { + or is removed or terminated from
the management service, + } the state agency that employed the
employee before the appointment to the unclassified, exempt or
management service may, at the agency's sole discretion, restore
the employee to a position held in the agency before the
appointment if the employee meets the position requirements. If
an employee is restored to a former position, the employee is
subject to any applicable agency collective bargaining agreement.
  (2)   { - An appointing authority may assign, reassign and
transfer management service employees for the good of the service
and may remove employees from the management service due to
reorganization or lack of work. - }  { +  A management service
employee serves at the pleasure of the appointing authority and
may be removed or terminated at any time without cause. + }
    { - (3) A management service employee is subject to a trial
service period established pursuant to rules of the Personnel
Division under ORS 240.250. Thereafter, the management service
employee may be disciplined by reprimand, salary reduction,
suspension or demotion or removed from the management service if
the employee is unable or unwilling to fully and faithfully
perform the duties of the position satisfactorily. - }
    { - (4) Employees who are assigned, reassigned, transferred
or removed, as provided in subsection (2) of this section, and
employees who are disciplined or removed from the management
service for the reasons specified in subsection (3) of this

section may appeal to the Employment Relations Board in the
manner provided by ORS 240.560. - }
    { - (5) Management service employees with immediate prior
former regular status in the classified service may be dismissed
from state service only for reasons specified by ORS 240.555 and
pursuant to the appeal procedures provided by ORS 240.560. - }
  SECTION 2. ORS 240.560 is amended to read:
  240.560. (1) A   { - regular - }   { + classified,
unrepresented + } employee who is reduced, dismissed, suspended
or demoted  { - , shall have - }   { + has + } 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 is timely
if it is received by the board or postmarked, if mailed postpaid
and properly addressed, not later than 30 days after the
effective date of the reduction, dismissal, suspension or
demotion. The board shall hear the appeal within 30 days after
the board receives the appeal, unless the parties to the hearing
agree to a postponement. The board shall furnish the division of
the service concerned with a copy of the appeal in advance of the
hearing.
  (2) The hearing shall be conducted as provided for a contested
case in ORS chapter 183.
  (3) If the board finds that the action complained of was taken
by the appointing authority for any political, religious or
racial reasons, or because of sex, marital status or age, the
employee shall be reinstated to the position and shall not suffer
any loss in pay.
  (4) In all other cases, if the board finds that the action was
not taken in good faith for cause, it shall order the immediate
reinstatement and the reemployment of the employee in the
position without the loss of pay. In lieu of affirming the
action, the board may modify the action 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
and order of the board shall be certified in writing to the
appointing authority and shall be forthwith put into effect by
the appointing authority.
  SECTION 3. ORS 240.316 is amended to read:
  240.316. (1)(a)  { + Except for persons in the management
service, + } 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 employee or a - }  classified,
unrepresented employee transfers to a different agency;
  (B) A   { - management service employee or a - }  classified,
unrepresented employee transfers back to the same agency after an
absence of more than one year;
  (C) A   { - former management service employee or - }  former
classified, unrepresented employee is reemployed by the same
agency after an absence of more than one year; or
  (D) A   { - former management service employee or - }  former
classified, unrepresented employee is reemployed by a different
agency.
  (c) Any employee who serves the trial service period designated
by the Personnel Division or a delegated operating agency for a
given classification or as described in paragraph (b) of this
subsection shall be given regular employee status.
  (2)  { + Except for employees in the management service, + }
employees who have acquired regular status will not be subject to
separation except for cause as defined by ORS 240.555 or lack of
work, curtailment of funds, or reorganization requiring a
reduction in force.

  (3) Procedures shall be established by the division to provide
for the layoff and opportunity for reemployment of employees
separated for reasons other than cause, which shall take into
account the needs of the service, qualifications, quality of
performance, relative merit and length of service.
  (4) Procedures shall also be established by the division for
the transfer, discipline or demotion of employees for the good of
the service or separation of employees whose conduct or
performance continues to be improper or inadequate after
reasonable attempts have been made to correct it, where
appropriate.
   { +  (5) Subsections (3) and (4) of this section do not apply
to employees appointed to positions in the management
service. + }
  SECTION 4.  { + The amendments to ORS 240.316, 240.560 and
240.570 by sections 1 to 3 of this 2013 Act apply to persons
appointed to management service positions on or after the
effective date of this 2013 Act. + }
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