ORS 423.549
State positions in community corrections branch

  • abolishment
  • county authority
  • affected employees
  • pay

(1)

Notwithstanding ORS 236.605 (Definitions for ORS 236.605 to 236.640) to 236.640 (Reemployment right of employee at end of cooperation agreement), all state positions in the state community corrections branch of the Department of Corrections, the funding for which is transferred to counties, are abolished on January 1, 1997. Counties have sole discretion in the development of methods and means of county community corrections operation under ORS 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council) including establishment of wages, benefits and working conditions and selection of any employees to operate supervision programs or other services and sanctions under ORS 423.478 (Duties of department and counties) and 423.525 (Application for financial aid). The implementation of this section does not give rise to any bargaining obligation under ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards). Notwithstanding any collective bargaining agreement, the department shall first offer to any employee so affected and not hired by a county a vacant position in other department branches and operations for which the employee is qualified. This preference lapses 90 days after the operative date of this section. The department has sole discretion in selecting and filling vacant positions from among affected employees having preference.

(2)

Notwithstanding subsection (1) of this section, for each month of employment during the period of January 1, 1997, through June 30, 1997, a county shall pay each affected employee hired by the county in regular full-time employment to provide or to support the provision of community corrections programs and services the same minimum gross monthly salary or hourly wage that the affected employee received in state employment immediately prior to termination of the employee’s state position. In the event an affected employee formerly employed by the state in a supervisory position is hired by a county in a nonsupervisory position, the county shall pay the affected employee during this period the same minimum gross monthly salary or hourly wage to which an affected employee in the nonsupervisory position would have been entitled to receive in state employment at the top step of the state pay classification for that position immediately prior to its termination. A county shall also provide to each affected employee during this period the same benefits provided to existing county employees performing the same or substantially similar work, giving full consideration to the length of the employee’s state service as though the service had been in and for the county. [1995 c.423 §16 (enacted in lieu of 423.550)]

Source: Section 423.549 — State positions in community corrections branch; abolishment; county authority; affected employees; pay, https://www.­oregonlegislature.­gov/bills_laws/ors/ors423.­html.

Notes of Decisions

Under former similar statute (ORS 423.550)

State had duty to bargain over impact of transferring parole and probation officers from state to county, although state had no duty to bargain over transfer. Federation of Oregon Parole and Probation Officers v. Dept. of Corrections, 119 Or App 355, 850 P2d 1154 (1993)

Attorney General Opinions

Under former similar statute (ORS 423.550)

Entitlement of Corrections Division employe, transferred from state to county employment under Community Corrections Act program contract, to continue participating in PERS and to return to state employment at contract termination, (1978) Vol 39, p 357

423.010
Definitions for ORS 423.010 to 423.070 423.020
Department of Corrections 423.030
Department not limited by ORS 423.020 423.035
Application of ORS 411.171 (1) 423.045
Handgun or ammunition on department property 423.055
Provision of personal hygiene products 423.070
Deposit and disbursement of funds received under Western Interstate Corrections Compact 423.075
Director 423.076
Director’s authority to grant peace officer power to corrections officer 423.077
Certification of department employees to provide mental health services 423.078
Visitors 423.085
Administrator of Correctional Education 423.090
Establishment or designation of diagnostic facilities 423.093
Reimbursement of expenses from prisoner 423.097
Department of Corrections Account 423.100
Revolving fund 423.105
Payment of court-ordered financial obligations 423.110
Acceptance of moneys for reentry services 423.120
Supplemental funding for reentry of young offenders 423.150
Treatment for drug-addicted persons 423.160
Bill of rights of children of incarcerated parents 423.400
Office established 423.405
Qualifications for office 423.410
Term 423.415
Deputy and additional officers and employees 423.420
General duties and powers 423.425
Investigatory authority 423.430
Investigative priority 423.435
Recommendations following investigation 423.440
Letters between ombudsman and persons in custody 423.445
Witness rights 423.450
Contempt proceedings against person interfering with ombudsman 423.475
Findings 423.478
Duties of department and counties 423.483
Baseline funding 423.486
Costs incurred by county 423.490
Department reimbursement of counties for costs incurred pursuant to ORS 813.011 423.497
National criminal history check 423.500
Definitions for ORS 423.500 to 423.560 423.505
Legislative policy on program funding 423.520
Financial grants to counties for community corrections programs 423.525
Application for financial aid 423.530
Procedure for determining amount of financial grants 423.535
Biennial community corrections plan required 423.540
Program compliance review by Director of Department of Corrections 423.549
State positions in community corrections branch 423.555
Statewide program evaluation and information system 423.557
“Recidivism” defined for statistical evaluations 423.560
Local public safety coordinating council 423.565
Additional duties of public safety coordinating council 423.569
Annual summary 423.600
Legislative findings 423.605
Definition 423.610
Liability of persons associated with program 423.615
Rules
Green check means up to date. Up to date

Current through early 2024

§ 423.549’s source at oregon​.gov