ORS 240.570
Classified employee filling position in unclassified, exempt or management service

Text
Annotations 3

(1)

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 (Suspension, reduction, demotion or dismissal), 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.

(3)

A management service employee is subject to a trial service period established pursuant to rules of the Personnel Division under ORS 240.250 (Rules applicable to management service). Thereafter, the management service employee may be disciplined by reprimand, salary reduction, suspension or demotion or may be removed or dismissed from the management service if the employee is unable or unwilling to fully and faithfully perform the duties of the position satisfactorily.

(4)

Management service employees who are assigned, reassigned, transferred or removed, as provided in subsection (2) of this section, and employees who are disciplined, removed or dismissed from the management service as authorized in subsection (3) of this section may appeal to the Employment Relations Board in the manner provided by ORS 240.560 (Appeal procedure).

(5)

Intentionally left blank —Ed.

(a)

Management service employees with immediate prior former regular status in the classified service who are removed from trial service pursuant to ORS 240.410 (Removals during trial period) have a right to be restored to their former positions.

(b)

Except as provided in paragraph (a) of this subsection, management service employees with immediate prior former regular status in the classified service who are appointed to the management service and who have not been dismissed from the management service for a reason specified in ORS 240.555 (Suspension, reduction, demotion or dismissal):

(A)

Prior to January 1, 2015, have the right to restoration to the classified service for three years from the date of appointment to the management service.

(B)

After December 31, 2014, have no right to restoration to the classified service. [1955 c.738 §6; 1979 c.468 §18; 1981 c.409 §4; 1985 c.121 §3; 1987 c.269 §1; 2005 c.766 §1; 2014 c.22 §1]

Source: Section 240.570 — Classified employee filling position in unclassified, exempt or management service, https://www.oregonlegislature.gov/bills_laws/ors/ors240.html.

Notes of Decisions

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)

Court held that branch manager of Adult and Family Services Division had constitutionally protected interest in continued employment, even though such interest was more limited than that held by classified employees. Wheaton v. Webb-Petett, 931 F2d 613 (9th Cir. 1991)

Law Review Citations

51 OLR 24 (1971)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 240.570 Classified employee filling position in unclassified, exempt or management service

(1)

(2)

(3)

(4)

(5)

(a)

(b)

(A)

(B)

Notes of Decisions

Law Review Citations

ORS 240.570
Classified employee filling position in unclassified, exempt or management service