Public Employee Rights and Benefits

ORS 243.005
Definitions for ORS 243.005 to 243.045


As used in ORS 243.005 (Definitions for ORS 243.005 to 243.045) to 243.045 (Police and firefighters considered common group for certain purposes):

(1)

“Firefighter” means persons employed by a city, county or district whose duties involve fire fighting and includes a volunteer firefighter whose position normally requires less than 600 hours of service per year.

(2)

(a) “Police officer” includes:

(A)

Police chiefs and police officers of a city who are classified as police officers by the council or other governing body of the city;

(B)

Police officers commissioned by a university under ORS 352.121 (University police departments and officers) who are classified as police officers by the university;

(C)

Sheriffs and those deputy sheriffs whose duties, as classified by the county governing body are the regular duties of police officers;

(D)

Employees of districts, whose duties, as classified by the governing body of the district are the regular duties of police officers;

(E)

Employees of the Department of State Police who are classified as police officers by the Superintendent of State Police;

(F)

Employees of the Criminal Justice Division of the Department of Justice who are classified by the Attorney General as criminal investigators or criminal financial investigators;

(G)

Employees of the Oregon State Lottery Commission who are classified by the Director of the Oregon State Lottery as enforcement agents;

(H)

Employees of Department of Corrections institutions as defined in ORS 421.005 (Definitions) whose duties, as assigned by the superintendent, include the custody of persons committed to the custody of or transferred to the Department of Corrections institution; and

(I)

Parole and probation officers employed by the Department of Corrections.

(b)

“Police officer” does not include:

(A)

Volunteer or reserve police officers; or

(B)

Persons considered by the respective governing bodies to be civil deputies or clerical personnel.

(3)

“Public employer” means a city, a county or the state, or one of its agencies or political subdivisions that employs police officers or firefighters. [1971 c.692 §6; 1985 c.302 §11; 1987 c.320 §149; 1991 c.67 §61; 2001 c.33 §1; 2011 c.506 §35; 2019 c.5 §1]
§§ 243.005 to 243.045

Notes of Decisions

Retirement and life insurance benefits for police officers and firemen are matters of predominantly state concern, rather than local concern. La Grande/Astoria v. Public Employes Retirement Board, 281 Or 137, 576 P2d 1204 (1978)

Const. Art. XI §2, providing that "Legislative Assembly shall not enact, amend, or repeal any charter or act of incorporation for any municipality, city or town," did not deny legislature authority to enact statewide standards for police and fire fighters retirement and insurance benefits. La Grande/Astoria v. PERB, 284 Or 173, 586 P2d 765 (1978)

Atty. Gen. Opinions

Authority of political subdivision participating in Public Employes' Retirement System to obtain fringe benefit plans for employes, (1975) Vol 37, p 714

Chapter 243

Notes of Decisions

Effect of Public Employe 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 this chapter. AFSCME v. Executive Dept., 52 Or App 457, 628 P2d 1228 (1981), Sup Ct review denied

Provision of collective bargaining agreement giving present employes lateral transfer rights was valid under ORS 240.321 and fact that its implementation resulted in male succeeding female employe did not violate state affirmative action statutes. State Executive Dept. v. OPEU, 91 Or App 124, 754 P2d 582 (1988)

Atty. Gen. Opinions

State agencies paying carpooling employes' parking fees, (1974) Vol 36, p 1015

Law Review Citations

51 OLR 23, 44 (1971)


Source

Last accessed
Jun. 26, 2021