State Personnel Relations

ORS 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. [Amended by 1969 c.80 §77; 1975 c.427 §11; 1979 c.468 §17]

Notes of Decisions

Public officers were immune to suit by other public employe arising out of his dismissal. Donahue v. Bowers, 19 Or App 50, 526 P2d 616 (1974), Sup Ct review denied

Classified state employe who was dismissed without any pretermination procedural safeguards was entitled to an award of back wages and benefits until properly terminated. Tupper v. Fairview Hosp., 276 Or 657, 556 P2d 1340 (1976)

As used in this section, "misconduct" requires some degree of volitional conduct. Fairview Hospital and Training Center v. Moore, 28 Or App 637, 560 P2d 671 (1977)

Where transfer of employe within Manpower Planning Division was transfer to position in different city which was of different class or rank, employe's refusal of transfer did not constitute "insubordination" within this section. Robbins v. Executive Department, 34 Or App 803, 580 P2d 194 (1978), Sup Ct review denied

Where, under this section, employe was dismissed for insubordination for refusal to transfer to Portland in reclassified position, and employe claimed that entire course of conduct was taken in bad faith, findings of fact on that issue were required to support conclusion of law that transfer was "for good of service." Ashman v. Children's Services Division, 37 Or App 865, 588 P2d 665 (1978)

As employe insubordination is value judgment to be determined by agency, case was remanded to Employment Relations Board for it to make its own independent conclusion as to that matter. Children's Services Division v. Ashman, 50 Or App 161, 622 P2d 1126 (1981)

Where position, not employee, was moved from classified to unclassified service, there is no employee right to return to classified from unclassified service at conclusion of employee's job. Brady v. Gebbie, 859 F2d 1543 (9th Cir. 1988)

Atty. Gen. Opinions

Authority of state agencies to enter agency shop or maintenance of membership agreements covering discharge of employes and payment of dues, (1971) Vol 35, p 824; right of a nonlawyer union business agent to represent a member before the board, (1972) Vol 35, p 1088

Law Review Citations

51 OLR 24, 25, 26 (1971)

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)


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Jun. 26, 2021