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

(1)

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:

(a)

Incompetency, inefficiency or inattention to or dereliction of duty.

(b)

Dishonesty, intemperance, addiction to drugs or controlled substances, immoral conduct, insubordination or discourteous treatment of the public or of fellow employees.

(c)

Any other willful failure of good conduct tending to injure the public service.

(d)

Any willful violation of the provisions of ORS 242.702 (Definitions for ORS 242.702 to 242.824) to 242.824 (Contribution to political or religious funds or performance of political service) or the rules or regulations adopted under ORS 242.702 (Definitions for ORS 242.702 to 242.824) to 242.824 (Contribution to political or religious funds or performance of political service).

(e)

Conviction of a felony or a misdemeanor involving moral turpitude.

(f)

The willful giving of false information or withholding information, with intent to deceive, when making application for entrance.

(2)

No person shall be dismissed, demoted, suspended without pay or deprived of special privileges for political, racial or religious reasons. [1959 c.252 §36; 1979 c.744 §12; 1997 c.359 §3]

Source: Section 242.796 — Grounds for dismissal, demotion, suspension or deprivation of special privileges, https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html.

Notes of Decisions

Right to be terminated only for cause is vouchsafed only to permanent employes; this section does not grant property interest and, therefore, due process rights to probationary firefighters. Trivoli v. Multnomah Co. Rural Fire Protection Dist. No. 10, 74 Or App 550, 703 P2d 285 (1985)

242.050
Civil service for employees of certain districts after annexation 242.310
Short title 242.320
Definitions for ORS 242.310 to 242.640 242.330
Civil service board 242.340
Qualifications of commissioners 242.350
Terms and compensation of commissioners 242.360
Removal and vacancies 242.370
Secretary 242.380
Offices and clerical help 242.390
Rules 242.400
Annual report 242.410
Records preserved 242.420
Investigations 242.510
Classified service 242.520
Merit system to be observed 242.530
Competitive examinations 242.540
Character of examinations 242.550
Evidence of fitness for appointment 242.560
Register of eligible candidates 242.570
Certification of candidates for vacancies 242.580
Probation 242.590
Permanent appointments 242.600
Emergency appointments 242.610
Suspension 242.620
Dismissal 242.630
Investigation 242.635
Board approval necessary for eligibility after dismissal 242.640
Prohibited conduct 242.702
Definitions for ORS 242.702 to 242.824 242.704
Political subdivisions and positions to which ORS 242.702 to 242.824 apply 242.706
Civil service commission 242.708
Qualifications of commissioners 242.710
Removal of commissioners 242.712
Chairperson of commission 242.714
Preparation of budget 242.716
Chief examiner and secretary of commission 242.718
Offices and clerical help for commission 242.720
Officers of political subdivision to assist commission 242.722
Preservation of records and examinations 242.724
Rules of commission 242.726
Investigation by commission of abuses 242.728
Administering oaths 242.730
Witness fees 242.732
Procedure in hearings before commission 242.734
Action to secure compliance with ORS 242.702 to 242.824 242.736
Commission certification of payroll required 242.738
Payments to persons not certified by commission prohibited 242.752
Basis of appointment and promotion 242.754
Classification of positions 242.756
Effect on incumbent when position first becomes subject to civil service 242.758
Examinations 242.760
Qualifications for admission to examination 242.762
Promotional examinations 242.764
Entrance and promotion register 242.766
Appointment or rejection of certified candidates by appointing power 242.768
Permanent and temporary appointments 242.770
Vacancies 242.772
Report of appointing power to commission 242.774
Civil service roster 242.792
Leave of absence 242.794
Transfer or reinstatement 242.796
Grounds for dismissal, demotion, suspension or deprivation of special privileges 242.798
Dismissal, demotion, suspension or deprivation of special privileges only for cause 242.800
Investigation and hearing upon demand of accused 242.802
Findings of commission 242.804
Appeal from finding of commission 242.822
Prohibited conduct generally 242.824
Contribution to political or religious funds or performance of political service 242.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 242.796’s source at oregon​.gov