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


(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)

240.005
Short title
240.010
Purpose of chapter
240.011
Policy on public service contracts
240.012
Job sharing
240.013
Job-sharing positions
240.015
Definitions
240.055
Personnel Division
240.057
Administrator of Personnel Division
240.060
Employment Relations Board
240.065
Appointment
240.071
Compensation and expenses of members
240.075
Removal of members
240.080
Chairperson appointed by Governor
240.086
Duties of board
240.088
Review of arbitration awards after written exceptions filed
240.100
Administer oaths
240.105
Use of public facilities of state or municipalities
240.115
Action to secure compliance with chapter
240.123
Board personnel
240.131
Employment Relations Board Administrative Account
240.145
Duties of administrator
240.160
Agency personnel officers
240.165
Cost of operating Personnel Division divided among various agencies of state government
240.167
Cost of operating Employment Relations Board divided among various divisions of state government
240.170
Oregon Department of Administrative Services Operating Fund
240.185
Maximum number of state employees
240.190
Policy on comparability of value of work and compensation and classification
240.195
Categories of positions in state service
240.200
Exempt service
240.205
Unclassified service
240.210
Classified service
240.212
Management service
240.215
Classification plan
240.217
Certain reclassifications prohibited
240.227
Salary for legislator appointed to exempt, unclassified or management service
240.235
Compensation plan for classified service
240.240
Application of chapter to unclassified or management service
240.245
Application of chapter to exempt service
240.250
Rules applicable to management service
240.306
Recruitment, selection and promotion of state employees
240.307
Procedure for enforcement of ORS 240.309
240.309
Temporary appointments
240.311
Delegation of authority and responsibility by division
240.316
Trial service
240.321
Collective bargaining
240.395
Suspension of merit system in emergencies
240.400
Designation by appointing authority of staff employees to act as alternates
240.406
Right of unclassified or exempt employee to be accompanied to employer-requested interview
240.410
Removals during trial period
240.425
Regular seasonal employees
240.430
Merit ratings
240.435
State Management Credentials Program required
240.546
Payments in lieu of sick leave with pay
240.551
Working hours, holidays, leaves of absence and vacations of employees in state classified service
240.555
Suspension, reduction, demotion or dismissal
240.560
Appeal procedure
240.563
Judicial review
240.570
Classified employee filling position in unclassified, exempt or management service
240.580
Service credits for service in unclassified service
240.590
Reemployment of employee in exempt service
240.610
Mediation service fee
240.710
Certain acts unlawful
240.750
When discipline action not to be retained in personnel file
240.850
Policy on work environments
240.855
Telecommuting
240.990
Penalties
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