Chapter 240 — State Personnel Relations

240.005 Short title

This chapter shall be known as the State Personnel Relations Law.

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.

240.011 Policy on public service contracts; review

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 to encompass other benefits, such as efficiency, continuity of operations, public protection and avoidance of the spoils system. The state has a basic obligation to protect the public by attempting to assure the…

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 finds that job sharing offers employment opportunities to those who otherwise may be unable to participate in state employment and contribute to state operations. Note: 240.012 was enacted into law …

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 their seniority as adjusted in the proportion that their monthly time employed bears to the monthly time employed by individuals holding full-time positions.

240.015 Definitions

As used in this chapter, unless the context clearly requires otherwise: “Administrator” means the Administrator of the Personnel Division. “Appointing authority” means an officer or agency having power to make appointments to positions in the state service. “Board” means the Employment Relations Board. “Class” or “classification” means a group of positio…

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 of Administrative Services.

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 the Director of the Oregon Department of Administrative Services.

240.060 Employment Relations Board; qualification of members; outside activities

The Civil Service Commission that has functioned under this chapter shall be continued as a board of three members to be known as the Employment Relations Board. Each member of the board shall be a citizen of the state known to be in sympathy with the application of merit principles to public employment and shall be of recognized standing and known interest …

240.065 Appointment; terms; vacancies

The members of the Employment Relations Board shall be appointed by the Governor for a term of four years. Each member shall be appointed for a term ending four years from the date of the expiration of the term for which the predecessor of the member was appointed, except that a person appointed to fill a vacancy occurring prior to the expiration of such te…

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 chairperson of the Employment Relations Board to receive a higher salary than the other members. In addition, subject to any other applicable law regulating travel and other expenses of state officers, a member …

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 member and an opportunity to be heard publicly on such charges before the Governor. A copy of the charges and a transcript of the record of the hearing shall be filed with the Secretary of State.

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 years. The chairperson shall be the chief administrative officer of the board. The board shall meet at such times and places as are specified by call of the chairperson or a majority of the board. All hearings shall be…

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: Review any personnel action affecting an employee, who is not in a certified or recognized appropriate collective bargaining unit, that is alleged to be arbitrary or contrary to law or rule, or taken for political reason, and set aside such action if it finds these allegations to be correct. Review …

240.088 Review of arbitration awards after written exceptions filed

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 should be vacated or modified, the board may by order refer the award back to the arbitrator with proper instructions for correction or rehearing. Upon failure of the arbitrator to follow the instructions, the board shall hav…

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 hearing authorized by this chapter.

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 the reasonable use of public buildings under their control, and furnish heat, light, and furniture, for any examination, hearing or investigation authorized by this chapter or ORS 243.005 to 24…

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 this chapter and its rules and orders thereunder.

240.120 [Amended by 1969 c.80 §39a; repealed by 1973 c.794 §34]

240.123 Board personnel; counsel

The Employment Relations Board shall employ such personnel as it considers necessary for the efficient administration of its vested duties, and fix the compensation of its employees in accordance with the compensation plan for state employees. The board shall designate a licensee of the Oregon State Bar as counsel to assist it in the performance of its func…

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 Relations Board, other than moneys appropriated to the board by the Legislative Assembly. All moneys in the account are continuously appropriated to the board for the payment of all ex…

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 the administrative and technical activities of the Personnel Division. In addition to the duties imposed upon the administrator elsewhere in this chapter, the administrator shall: Establish …

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 shall administer, within the division of the service, training and educational programs developed by the administrative head thereof in cooperation with appointing authorities and others and shall have such other f…

240.165 Cost of operating Personnel Division divided among various agencies of state government

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 in such proportion as the service rendered to each division of the service bears to …

240.167 Cost of operating Employment Relations Board divided among various divisions of state government

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 division of the service on the basis of the proportion of employees of that divisio…

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 the Oregon Department of Administrative Services Operating Fund and are appropriated continuously out of that fund for the payment of all expenses incurred by the division for administration of the state p…

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

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. The population figure shall be that required by ORS 190.510 to 190.610. This section applies to all full-time equivalent budgeted positions. This section does not apply to the Governor, the Secretary of State, t…

240.190 Policy on comparability of value of work and compensation and classification

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 within the state system. To further the effort to achieve and maintain equity for u…

240.195 Categories of positions in state service

Positions in the service of the state are divided into the following categories: The classified service as provided in ORS 240.210. The unclassified service as provided in ORS 240.205. The exempt service as defined in ORS 240.200. The management service as provided in ORS 240.212.

240.200 Exempt service

The exempt service shall comprise: Officers elected by popular vote and persons appointed to fill vacancies in elective offices. Members of boards and commissions who serve on a part-time basis and who, if compensated, receive compensation on a per diem basis. Judges, referees, receivers, jurors and notaries public. Officers and employees of the Legislat…

240.205 Unclassified service

The unclassified service shall comprise: One executive officer and one secretary for each board or commission, the members of which are elected officers or are appointed by the Governor. The director of each department of state government, each full-time salaried head of a state agency required by law to be appointed by the Governor and each full-time sala…

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 240.200, 240.205 or 240.212.

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 managerial employees, as defined in ORS 243.650.

240.215 Classification plan; job share; career ladder; transfers

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 classification, a class title, a statement of the minimum qualifications, duties, au…

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 level or a higher level of competence, such change will not result in a downward reclassification of the class. Note: 240.217 was enacted into law by the Legislative Assembly but was not added…

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

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 in the exempt, unclassified or management service during the Senator’s or Representat…

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

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 employment, living costs, maintenance or other benefits received, obligations established by …

240.240 Application of chapter to unclassified or management service

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 leave with pay except as otherwise provided in subsections (4) and (5) of this sect…

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 fixed by law, the officer authorized by law to appoint or fill such position shall maintain a salary plan equitably applied to the exempt position and in reasonable conformity with the general salary structure of the …

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 employment addressed by this chapter, even if, absent the rule, those wages, hours, terms and conditions would not otherwise apply to the management service. The rules shall further merit princi…

240.305 [Amended by 1975 c.427 §5; repealed by 1979 c.468 §1]

METHOD OF SELECTING EMPLOYEES FOR SERVICE IN CLASSIFIED POSITIONS

240.306 Recruitment, selection and promotion of state employees; criteria; procedures; duties of department

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 orientation, gender identity, national origin, marital status, age, disability, politica…

240.307 Procedure for enforcement of ORS 240.309; rules

Any complaint alleging violation of ORS 240.309 shall be filed with the Employment Relations Board. Any employee may file a complaint with the board alleging violation of ORS 240.309. If the employee makes a prima facie case showing that the employer has violated ORS 240.309, then the burden of rebutting the prima facie case is on the employer. Any employ…

240.309 Temporary appointments; limitations; duration; extension; periodic reports; post-audit review; investigation; exceptions

Temporary employment shall be used for the purpose of meeting emergency, nonrecurring or short-term workload needs of the state. A temporary employee may be given a nonstatus appointment without open competition and consideration only for the purposes enumerated in this section. Temporary appointments shall not be used to defeat the open competition and con…

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

Delegations of authority and responsibility to operating agencies shall be subject to appropriate post-audit review by the Personnel Division. Controversies between operating agencies and the division arising from post-audit reviews shall be resolved by the Director of the Oregon Department of Administrative Services.

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

Persons initially appointed to or promoted to a permanent or seasonal position in state service shall be subject to a trial service period. An appointing authority has the discretion to subject an employee to a trial service period when: A management service employee or a classified, unrepresented employee transfers to a different agency; A management ser…

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

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. Notwithstanding any of the provisions of ORS 240.235, 240.306, 240.316, 240.430 and 240.551, e…

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

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 shortage of persons available and employable to fill positions and discharge duties i…

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 to perform any act or duty of the appointing authority authorized under the provisions of this chapter.

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]

EMPLOYER-REQUESTED INTERVIEWS

240.406 Right of unclassified or exempt employee to be accompanied to employer-requested interview

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 accompanied by an individual selected by the employee to be present during any in…

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 service indicates that such employee is unable or unwilling to perform duties satisfactorily or that the habits and dependability of the employee do not merit continuance in the service.

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 Division as seasonal positions. An employee who satisfactorily serves in a seasonal position the trial service period designated by the division or a delegated operating agency for the clas…

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 employees in the classified service. STATE MANAGEMENT CREDENTIALS PROGRAM

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 agency managers. The state management credentials program shall include training opportunities for agency employees and training requirements for existing agency managers. The purpose of t…

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]

WORKING HOURS; LEAVES; DISCIPLINE; REEMPLOYMENT

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 of sickness in lieu of accrued and any future sick leave with pay. The Legislative Assembly, state courts and Department of Education may similarly adopt rules, policies and procedures pro…

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 service. The division may delegate this responsibility to individual operating agencies where appropriate.

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 or other unfitness to render effective service.

240.560 Appeal procedure

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 is timely if it is received by the board or postmarked, if mailed postpaid and prope…

240.563 Judicial review

Judicial review of orders under ORS 240.560 shall be as provided in ORS chapter 183.

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

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 state agency that employed the employee before the appointment to the unclassified, exem…

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 181A.050, who separates voluntarily from that service and who, within two years after the separation, is appointed to a position in the classified service, whether within a bargaining unit covered by a collective bargaining agreem…

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 a position for which qualified within two years from the date of separation, if separated from state service in good standing. However, such reemployment shall occur only after current bargaining unit me…

240.610 Mediation service fee; labor relations and negotiation training fee; amount; payment; disposition of fees

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 board may charge a fee for the mediation services provided by the board. The local publi…

240.705 [Repealed by 1967 c.630 §5]

PROHIBITED CONDUCT

240.710 Certain acts unlawful

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 rules. No person shall, directly or indirectly, give, render, pay, offer, solicit or ac…

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 through collective bargaining, grievance or personnel process shall be placed or otherwise retained in the personnel file of the employee unless agreed to by the employer and the employee. Note: 240.750 …

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 end, when feasible and appropriate, state agencies shall: Delegate responsibility for decision-making and service delivery to the lowest possible level; Involve all workers, especially frontlin…

240.855 Telecommuting; state policy; agencies to adopt written policies; identification of barriers and solutions

As used in this section: “State agency” means any state office, department, division, bureau, board and commission, whether in the executive, legislative or judicial branch. “Telecommute” means to work from the employee’s home or from an office near the employee’s home, rather than from the principal place of employment. It is the policy of the State of O…

240.990 Penalties

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. Any person who fails to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to any investigation or hearing authorized by this chapter commits a Class A misdemeanor.…