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242.010 [Repealed by 1959 c.252 §46]

242.020 [Repealed by 1959 c.252 §46]

242.030 [Repealed by 1959 c.252 §46]

242.040 [Repealed by 1959 c.252 §46]

CIVIL SERVICE FOR EMPLOYEES OF DISTRICT ANNEXED BY CITY

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 for its employees, notwithstanding the civil service provisions of law or such city’s charter, the governing body of the city may, at its option, provide for inclusion of any or all the employees of th…

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: “Assistant custodian” means any employee who works under the supervision of a custodian except those who: Work less than eight hours per day; or Work less than 12 months per year; or Receive an hourly rate of pay. “Board” means a civil service board created pursuant to ORS 242.330…

242.330 Civil service board

In all school districts having a population of 475,000 or more persons according to the last federal census, there is created a civil service board with jurisdiction over the appointment, employment, classification and discharge of custodians and assistant custodians in the employ of the school district. The board shall be composed of three commissioners. A…

242.340 Qualifications of commissioners

To be eligible for appointment to the board, a commissioner shall: Be a resident of Oregon. Be known to be devoted to the principles of civil service. Not be a member or employee of the school board.

242.350 Terms and compensation of commissioners

Initial appointments of the commissioners shall be as follows: One for two years, one for four years and one for six years. Thereafter each appointment shall be for a term of six years. The commissioners shall serve without compensation.

242.360 Removal and vacancies

The school board may remove any commissioner for just cause at any time. In the event of removal or of a vacancy caused by death or resignation, the vacancy shall be filled by the school board. Such appointment shall be for the unexpired term of the commissioner whose place is vacated.

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 a record of all assessments held under its direction and perform such other duties as it may prescribe. The secretary shall hold office during the pleasure of the board, and shall receive a salary of not less th…

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 and supplied with all office supplies and equipment necessary to carry on the business of the board. The school board also shall provide the civil service board with such other clerical assistance as…

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 in detail the manner in which assessments are to be held and appointments and removals made. The board may, from time to time, change its rules. Any rules or regulations shall be printed for distribution…

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 force and the practical effect thereof, and any suggestions it may have for a more effective accomplishment of classified civil service. The board shall also provide a roster for all employees under the Custodians’ Civil Service Law a…

242.410 Records preserved; open to public

The board shall keep on file all documents related to an assessment held by the board for a period of at least five years and all other papers and documents and communications received by it. All records shall be public and, as such, accessible at convenient times.

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 board may administer oaths, issue subpoenas to witnesses and compel their attendance at assessments, and examine books, papers and records and compel their production by witnesses in the same manner as if…

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 school board within the district including those under the supervision of a custodian except those described in ORS 242.320 (1)(a), (b) or (c). The positions so classified shall constitute the classified ci…

242.520 Merit system to be observed

No appointment or promotion to any position shall be made except as provided in the Custodians’ Civil Service Law. All appointments to beginning employment positions in the classified civil service shall be made according to fitness, to be ascertained by open competitive assessments. All promotions in the classified civil service shall be made according to m…

242.530 Competitive assessments; assessors

The board shall, from time to time, hold public competitive assessments to ascertain the fitness of applicants for beginning employment positions of the classified civil service. The board shall control those assessments and may designate any person to act as assessor without compensation.

242.540 Character of assessments

Assessments shall be practical in character and relate only to those matters that consider the relative fitness of the persons assessed to discharge the duties for the respective positions for which they are applicants. The assessments must consider professional skill, prior experience and bona fide factors that are related to the position. Nothing relating …

242.550 Evidence of fitness for appointment

Subject to rules adopted by the Oregon Department of Administrative Services under ORS 181A.215, the civil service board may require an applicant for a custodial position to furnish evidence satisfactory to the board of good character and such other evidence as the civil service board deems necessary to establish the applicant’s fitness.

242.560 Register of eligible candidates; ranking; rules

The board shall prepare and keep a register for each grade or class of positions of the persons whose average standing, upon assessment for such grade or class, is not less than the minimum fixed by the rules of the board, and who otherwise are eligible. Such persons shall take rank upon the register as candidates for beginning employment positions in order …

242.570 Certification of candidates for vacancies; rules

Whenever there is a vacancy in any position in the classified civil service, the school board, or its designated representative, immediately shall notify the civil service board thereof. The civil service board thereupon shall certify to the appointing authority the names and addresses of the three eligible candidates standing highest upon the register for …

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 the person may be discharged and another candidate appointed in like manner.

242.590 Permanent appointments

The appointing authority must make a permanent appointment from the list of candidates certified by the board, unless, upon reasons signed in writing by the appointing authority, the board consents to and certifies a new list of candidates. If a person on probation is not dismissed during the probationary period the appointment is deemed permanent. All pers…

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 fill any position temporarily but not for longer than 30 days.

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 days. If any employee in the classified service is suspended by reason of the closing of a school or lack of work to be done, the employee again shall be placed on the eligible list of the civil service board and…

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 dismissal, in general terms, shall be served upon the dismissed employee and a duplicate filed with the board. A dismissal may be made without any hearing but any employee so removed may, within 10 days ther…

242.630 Investigation; findings; appeal

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 because of reasons of age as described in ORS chapter 659A, or was not made in good faith for the purpose of improving public service. If the board finds that the employee is entitled to reinstatement, it sha…

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 an assessment for appointment without the approval of the civil service board. Approval shall not be granted unless the board on evidence presented by applicant finds that the condition resulting in dismissal has been corrected and is unlikely to recur…

242.640 Prohibited conduct

No person shall: Willfully or corruptly or in cooperation with one or more persons, defeat, deceive or obstruct any person with respect to the right of the individual to assessment or registration according to the regulations prescribed by the civil service board pursuant to the Custodians’ Civil Service Law. Willfully or corruptly make any false represent…

242.702 Definitions for ORS 242.702 to 242.824

As used in ORS 242.702 to 242.824, unless the context requires otherwise: “Appointing power” includes every person or group of persons who, acting singly or as a board, council or commission, are vested with authority to select, appoint or employ any person to hold any position subject to civil service under ORS 242.702 to 242.824. “Appointment” includes a…

242.704 Political subdivisions and positions to which ORS 242.702 to 242.824 apply

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 the employees of its fire department which substantially accomplishes the general purposes of ORS 242.702 to 242.824. However, such political subdivision shall retain such exemption only so long as the civil …

242.706 Civil service commission; members; term of office; compensation

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 confirmed by the governing body of the political subdivision according to its charter, ordinances or regulations. If the political subdivision has an elected fire commission, the members of the civil servic…

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 242.824, except that any commissioner may serve as a member of any other civil service commission. The persons appointed shall be known to believe in the principles of civil service.

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 notice in writing of the charges against the commissioner and an opportunity to be heard publicly on such charges before the body which appointed the commissioner. A copy of the charges and…

242.712 Chairperson of commission; meetings; quorum

Immediately after the appointment of all of its members the commission shall elect a chairperson. The commission shall hold such meetings as may be required for the proper discharge of its duties with a meeting at least once every 90 days and such additional meetings as are requested by any commission member. Any person subject to civil service may request a…

242.714 Preparation of budget; appropriations

The commission shall prepare and submit a budget to the governing body of the political subdivision prior to each fiscal year for which an appropriation is needed to carry out the provisions of ORS 242.702 to 242.824. The governing body of each political subdivision shall appropriate sufficient funds to carry out the provisions of ORS 242.702 to 242.824.

242.716 Chief examiner and secretary of commission

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 secretary. The chief examiner, or any other person appointed as secretary, shall keep records of the commission’s proceedings, preserve all reports made to it, keep a record of all examinations and investigation…

242.718 Offices and clerical help for commission

The governing body of every political subdivision subject to ORS 242.702 to 242.824 shall: Supply the commission with all office supplies, equipment and space necessary to carry on the business of the commission. Provide the commission with such clerical assistance as the commission may consider necessary.

242.720 Officers of political subdivision to assist commission

All officers of the political subdivision shall: Aid in all proper ways in carrying out the provisions of ORS 242.702 to 242.824 and such rules and regulations as may, from time to time, be prescribed by the commission. Afford the commission, its members and employees, all reasonable facilities and assistance in inspecting books, papers, documents and acco…

242.722 Preservation of records and examinations; public records

The commission shall keep on file all examination papers and their markings, records in commission hearings and all other papers, documents and communications received by it. Except for examination papers all such reports and files of the commission shall be public records and accessible at reasonable and convenient times. Examination papers shall be accessi…

242.724 Rules of commission; examinations

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 detail the manner in which examinations shall be held, and appointments, promotions, demotions, transfers, reinstatements, suspensions and discharges shall be made. The rules and regulations togethe…

242.726 Investigation by commission of abuses; report of investigation

When any resident of the political subdivision or any person subject to civil service alleges in a verified petition that an abuse or abuses of the provisions of ORS 242.702 to 242.824 exist, the commission shall: Investigate the enforcement and effect of the provisions of and the regulations prescribed under ORS 242.702 to 242.824. Inspect all positions a…

242.728 Administering oaths; compelling attendance of witnesses and production of documents; depositions of witnesses

In the course of an investigation, the commission may administer oaths, subpoena witnesses and compel the production of books, papers, documents and accounts pertinent to the investigation. Attendance of witnesses, either with or without books, papers, documents or accounts, may not be compelled unless such witnesses are personally served with subpoena. The…

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 witnesses in ORS 44.415 (2), except that no person shall be entitled to any fees or mileage who is employed in the public service of the political subdivision in which the person is called as a witness. The fees an…

242.732 Procedure in hearings before commission; rules of evidence

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 the commission; and in the conduct thereof, the commission is not bound by the rules of evidence. No informality in any hearing or investigation, or in the manner of taking testimony, shall invalidate any order, …

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 of the commission. The commission shall be represented in such proceedings by the chief legal officer of the political subdivision. If the chief legal officer is absent or unable to act, or a vacancy exists in the offi…

242.736 Commission certification of payroll required

The commission shall certify in writing to the payroll officer of the political subdivision: The name of each person appointed or employed in the civil service, stating in each case the title or character of the position held by such person, the salary or compensation assigned, and the date of the beginning of the person’s service. Every change occurring i…

242.738 Payments to persons not certified by commission prohibited

No officer or employee of the political subdivision shall authorize, draw, sign, countersign, issue or honor any warrant or order for the payment of, or pay, any salary or compensation to any person in a position subject to civil service who is not certified by the commission as provided in ORS 242.736. Any person entitled to be certified may maintain a proc…

242.752 Basis of appointment and promotion; creation of positions; fixing compensation

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 made solely upon merit, efficiency, and fitness, which shall be ascertained by open competitive examination and investigation among qualified personnel. All civil service positions in the political subdivisio…

242.754 Classification of positions

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 shall be based upon the functions of the positions and the compensation attached thereto. The classifications and grades may, from time to time, be amended, added to, consolidated or abolished by t…

242.756 Effect on incumbent when position first becomes subject to civil service

All persons employed in positions subject to civil service at the time such position first becomes subject to civil service, and who have been employed by the political subdivision continuously for a period of at least six months preceding the date when that position became subject to civil service, and who are citizens of the United States hereby are induct…

242.758 Examinations

The commission shall hold public competitive examinations to ascertain the fitness of applicants for all positions in the civil service. Entrance examinations shall be given at least every 30 months. Promotional examinations shall be given as provided in ORS 242.762 (2). Notice of time, place and general scope of every examination shall be given by the commi…

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 by the rules of the commission.

242.762 Promotional examinations

Promotional examinations shall be given to those who desire to offer themselves for such examination and are in the qualified classifications or grades as determined by the commission. The regulations adopted for examination of applicants for promotion shall, as nearly as may be, follow the regulations governing the examination of applicants for original app…

242.764 Entrance and promotion register

The commission shall prepare and keep a register for each grade and classification in the civil service of all persons whose general average standing upon examination for such grade or classification is not less than the minimum fixed by the rules of the commission, and who are otherwise eligible. Such persons shall take rank upon the register, as candidates…

242.766 Appointment or rejection of certified candidates by appointing power; probation; discharge; demotion

The appointing power shall appoint one of the certified candidates to the vacant position, on probation for a period of 12 months. If the appointing power considers the certified candidates unqualified for the vacant position it may reject the names of the certified candidates for appointment by submitting a written statement of the reasons for the rejection…

242.768 Permanent and temporary appointments; rules

The appointing power shall make permanent appointments from the list of candidates certified. If any probationer is not discharged during the period of probation, the appointment is permanent. When there is no candidate upon the entrance register from which a position may be filled, the appointing power may, with the consent of the commission, fill such pos…

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 shall thereupon certify to the appointing power: If the vacancy be in an entrance position, the names and addresses of the three candidates standing highest upon the entrance register. When more than o…

242.772 Report of appointing power to commission

Each appointing power shall: Report to the commission forthwith upon each appointment the name of the appointee, the title or character of the position to which the appointment is made, the date of beginning of service and the salary or compensation therefor. Report to the commission, on the date of official action or knowledge of each case, every change i…

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, transfers, reinstatements, resignations, suspensions, leaves of absence, removals and discharges, setting forth in each instance the date of beginning, change or termination of service and …

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 any person subject to civil service. Such leave shall not in any way prejudice the rights or privileges of a person subject to civil service. Leave of absence for longer periods may be granted by the governing body of the p…

242.794 Transfer or reinstatement

The appointing power may authorize the transfer or reinstatement of any person holding one position to a similar position in the same classification or grade. No transfer or reinstatement shall be made from a position in one classification or grade to a position in another classification or grade. (Discipline)

242.796 Grounds for dismissal, demotion, suspension or deprivation of special privileges

The tenure of persons subject to civil service shall continue during good behavior and such persons may be dismissed, demoted, suspended without pay or deprived of special privileges only for the following causes: Incompetency, inefficiency or inattention to or dereliction of duty. Dishonesty, intemperance, addiction to drugs or controlled substances, immo…

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 of special privileges except for cause, and then only upon the signed written accusation of the appointing power. A written statement of the accusation in general terms shall be served upon the accu…

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 signed written demand for an investigation. If the demand alleges, or if it otherwise appears to the commission, that the dismissal was not made in good faith for cause, the commission shall conduct 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 dismissal was not made in good faith for cause, the commission shall order the immediate reinstatement of the employee in the position from which the employee was dismissed. Reinstatement shall be retroactive and en…

242.804 Appeal from finding of commission; issue on appeal limited

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 of the county in which the office of the appointing power or the commission is located, and the court shall hear the appeal. The appeal, if taken by either an employee or by the appointing power, shall be taken …

242.822 Prohibited conduct generally

No person shall: Alone or in cooperation with one or more persons defeat, deceive or obstruct any person in respect to the right of that person of examination or registration according to the regulations prescribed by the commission under ORS 242.702 to 242.824. Falsely mark, grade, estimate or report upon the examination or proper standing of any person e…

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 political service to any person or party. No person shall be removed, reduced in grade or salary or otherwise prejudiced for refusing to do so. No person shall discharge, promote, demote or in any manner change the…

242.990 Penalties

Violation of any of the provisions of the Custodians’ Civil Service Law is a misdemeanor. Willful violation of any of the provisions of ORS 242.720, 242.738, 242.768, 242.772, 242.792, 242.822 and 242.824 is a misdemeanor. _______________