Oregon Statutes 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, 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.
Terms Used In Oregon Statutes 240.570
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appointing authority: means an officer or agency having power to make appointments to positions in the state service. See Oregon Statutes 240.015
- Board: means the Employment Relations Board. See Oregon Statutes 240.015
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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. 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.
(5)(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 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:
(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]
[1977 c.271 § 3; repealed by 1979 c.468 § 1]
[1971 c.542 § 2; repealed by 1979 c.468 § 1]