State Personnel Relations

ORS 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 one percent of the state’s population of the prior year.


The population figure shall be that required by ORS 190.510 (Definitions for ORS 190.510 to 190.610) to 190.610 (State census program).


This section applies to all full-time equivalent budgeted positions.


This section does not apply to the Governor, the Secretary of State, the State Treasurer, the Supreme Court or the Legislative Assembly in the conduct of duties vested in any of them by the Oregon Constitution. However, this exception applies only to the office of the Governor and not to the executive branch of government.


This section does not apply to personnel who administer unemployment insurance benefits programs of the Employment Department, to personnel who administer programs required to be implemented as a condition for the continued certification of the Employment Division Law by the United States Secretary of Labor or to personnel who administer programs implemented by the United States Department of Labor under federal law if the state is required to enter into contracts to provide such programs.


In order to assess the effect of subsection (1) of this section, the Oregon Department of Administrative Services by December 31 of each even-numbered year shall conduct a workload analysis of each state agency, regardless of whether the agency is exempt from the application of subsection (1) of this section. The workload analysis of each agency shall be submitted to the Legislative Assembly prior to its convening in the subsequent odd-numbered year regular session and shall accompany the agency’s budget request before the Joint Ways and Means Committee. [1979 c.604 §1; 1983 c.340 §1; 1989 c.863 §1; 2009 c.762 §49; 2011 c.545 §17; 2015 c.767 §63; 2017 c.746 §4]
Note: 240.185 (Maximum number of state employees) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 240 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Atty. Gen. Opinions

Higher Education service personnel budget under services and supplies category rather than personal services as included within full-time equivalent budgeted positions, (1980) Vol 41, p 233

Chapter 240

Notes of Decisions

Effect of Public Employes Relations Act is to modify authority of Personnel Division so that, while division retains responsibility for establishing general job salary grades and classifications, specific salary within each range which is paid to employe in public employe bargaining unit is subject to negotiation or arbitration under terms of ORS chapter 243. AFSCME v. Executive Dept., 52 Or App 457, 628 P2d 1228 (1981), Sup Ct review denied

Completed Citations

Beistel v. Pub. Employe Relations Bd., 6 Or App 115, 486 P2d 1305 (1971)

Atty. Gen. Opinions

Changing regular eight-hour day and 40-hour week without overtime pay, (1972) Vol 35, p 1291; state agencies paying carpooling employes' parking fees, (1974) Vol 36, p 1015; uniform collective bargaining agreements for like classes of employes, (1978) Vol 38, p 1694; employe classification of deputy public defenders, (1979) Vol 39, p 726

Law Review Citations

51 OLR 38 (1971); 16 WLR 341 (1979)


Last accessed
Jun. 26, 2021