ORS Chapter 241
Chapter 241 — CivilService for County Employees
2009 EDITION
CIVILSERVICE FOR COUNTY EMPLOYEES
PUBLICOFFICERS AND EMPLOYEES
GENERALPROVISIONS
241.002 Creatingor changing county civil service by election; definitions
241.004 ORS241.002 to 241.009 not exclusive method for approval of system
241.006 Submittingproposals relating to county civil service
241.009 Initiativeor referendum; election procedure
241.016 Definitionsfor ORS 241.016 to 241.990
241.020 Countiessubject to ORS 241.016 to 241.990
241.025 Positionssubject to civil service; exceptions
241.055 Constructionof ORS 241.016 to 241.990
CIVILSERVICE COMMISSION
241.065 Countycivil service commission; members; compensation
241.070 Qualificationsof commissioners
241.075 Termof office and removal of commissioners
241.080 Quorum
241.085 Secretaryof commission
241.090 Officesand clerical help for commission
241.095 Officersand employees to assist commission
241.100 Legalrepresentation of commission
241.105 Preservationand destruction of records and examinations; public records
241.110 Rulesof commission; notice
241.115 Noticeby publication
241.120 Investigationand inspection by commission
241.125 Compellingattendance of witnesses and production of documents
241.130 Depositionsof witnesses
241.135 Conductof hearings and investigations; rules
241.140 Conclusivenessof orders, decisions, rules or regulations; necessity for unanimity
241.145 Witnessfees
241.150 Reportsof appointments and separations
241.155 Officialroster
CLASSIFICATIONAND COMPENSATION PLAN; SELECTION AND PROMOTION OF EMPLOYEES
241.205 Basisof appointment and promotion generally
241.210 Boardof county commissioners to control creation of positions and fixing ofcompensation
241.215 Classificationand compensation; rules
241.220 Examinations;notice
241.225 Qualificationfor examination
241.230 Characterof examinations
241.235 Civilservice examiners
241.240 Creditsto experienced applicants
241.245 Examinationsfor promotions
241.250 Registerof eligibles; relative rank; striking of names; rules
241.255 Vacanciesfilled by promotion if practicable
241.260 Classifiedcivil service vacancies; certification of candidates for vacancies
241.265 Probationaryappointments; discharge during probation; effect of failure of promotedcandidate to qualify
241.270 Waiverof appointment
241.275 Permanentappointments
241.280 Temporaryappointments
241.285 Emergencyappointments; rules
241.290 Efficiencyrecords
241.295 Appointmentsand promotions to be made only as provided in ORS 241.016 to 241.990
241.300 Appointmentof undersheriff, deputy undersheriff and administrative aide; reinstatement
LEAVES;TRANSFERS; REINSTATEMENT; SUSPENSION; DISMISSAL
241.405 Leavesof absence
241.410 Prohibitionof transfer, reinstatement, suspension or dismissal contrary to ORS 241.016 to241.990
241.415 Transfersand reinstatement
241.420 Suspensions
241.425 Tenure;causes for dismissal
241.430 Dismissalonly for cause; written accusation
241.435 Necessityof a hearing prior to dismissal
241.440 Investigationof dismissal
241.445 Rightof employee to public hearing and representation; limitations
241.450 Ordersof commission on review of investigation
241.455 Orderis final if unanimous
241.460 Ordersappealable when not unanimous; issues on appeal limited
PROHIBITEDCONDUCT AND ACTIVITIES
241.505 Prohibitedconduct generally
241.525 Corruptpractices prohibited
241.530 Limitationson recommendations of applicants
PENALTIES
241.990 Penalties;jurisdiction
GENERALPROVISIONS
241.002Creating or changing county civil service by election; definitions. (1) If themajority of electors of any county voting at a regular general electionpursuant to ORS 241.006 approve a proposal to establish, substitute or amend asystem of civil service under which county employees shall be employed, thesystem or amendments to an existing system of civil service approved by theelectors shall apply to such county.
(2)If ORS 241.016 to 241.990 become applicable in a county, “board of countycommissioners” as used in ORS 241.016 to 241.990 means the county court of acounty which does not have a board of county commissioners.
(3)If ORS 242.702 to 242.824 become applicable in a county, “governing body” asused in ORS 242.702 to 242.824 means the board of county commissioners orcounty court of a county, as the case may be. [1959 c.315 §2]
241.004ORS 241.002 to 241.009 not exclusive method for approval of system. ORS 241.002 to241.009 shall not be construed to be an exclusive method by which counties mayapprove a system of civil service for county employees. [1959 c.315 §6; 1983c.350 §58]
241.005 [Amended by1953 c.696 §5; 1959 c.315 §1; renumbered 241.020]
241.006Submitting proposals relating to county civil service. At any generalelection, if a county does not have in operation a system of civil service forall county employees or if an existing system of civil service for all countyemployees is to be amended or substituted for by another system, there may besubmitted to the electors of the county a proposal:
(1)To make ORS 241.016 to 241.990, providing a system of civil service under whichcounty employees shall be employed, applicable to such county;
(2)To make ORS 242.702 to 242.824, providing a system of civil service under whichcertain political subdivisions shall employ firefighters, applicable to suchcounty for all county employees;
(3)That provides a system of civil service which substantially accomplishes thegeneral purposes of ORS 241.016 to 241.990 or 242.702 to 242.824, includingmethods of recruitment and promotion of county employees by competitiveexaminations and provisions for job tenure for county employees; or
(4)That amends an existing system of civil service previously approved by theelectors under subsection (3) of this section. [1959 c.315 §3; 1983 c.350 §59;1991 c.67 §60]
241.008 [1959 c.315 §4;1979 c.190 §409; repealed by 1983 c.350 §60 (241.009 enacted in lieu of 241.008and 241.012)]
241.009Initiative or referendum; election procedure. (1) A proposal under ORS 241.006may be submitted to the electors of the county:
(a)By the initiative procedure; or
(b)By referral to the electors by the board of county commissioners or the countycourt.
(2)ORS 250.165 to 250.235 govern the manner of exercising the initiative unlessORS 250.155 makes ORS 250.165 to 250.235 inapplicable to the county. [1983c.350 §61 (enacted in lieu of 241.008 and 241.012)]
241.010 [Amended by1953 c.696 §5; 1959 c.252 §44; renumbered 241.025]
241.012 [1959 c.315 §5;repealed by 1983 c.350 §60 (241.009 enacted in lieu of 241.008 and 241.012)]
241.015 [1953 c.696 §4;renumbered 241.030]
241.016Definitions for ORS 241.016 to 241.990. As used in ORS 241.016 to 241.990,unless the context requires otherwise:
(1)“Appointing power” includes every person or group of persons who, acting singlyor as a board or commission, are vested by law with authority to select,appoint or employ any person to hold any position subject to civil service.
(2)“Appointment” includes all means of selecting or employing any person to holdany position subject to civil service.
(3)“Commission” means a civil service commission created under ORS 241.016 to241.990.
(4)“Commissioner” means a member of the civil service commission created under ORS241.016 to 241.990.
(5)“Position” includes any office, place or employment. [Formerly 241.060]
241.020Counties subject to ORS 241.016 to 241.990. Except as provided in ORS241.002 the provisions of ORS 241.016 to 241.990 apply to all counties of thisstate having a population of 500,000 persons or more. [Formerly 241.005; 1991c.656 §1]
241.025Positions subject to civil service; exceptions. All appointeesto positions in the public service of the county are subject to civil service,except the following:
(1)Any officer chosen by popular election, or appointed to fill a vacancy causedby the death, resignation or removal of any officer chosen by popular election.
(2)Any official reporter, bailiff or crier, subject to appointment by any court orjudge or justice thereof.
(3)Any person employed to perform manual labor, skilled or unskilled, in theconstruction, maintenance and repair of county property; provided, thatelectrical workers, members of road and bridge crews and laborers permanentlyemployed shall be subject to civil service unless otherwise provided in ORS241.016 to 241.990.
(4)Any special deputy sheriff or deputy constable appointed to act withoutcompensation from the county.
(5)Any member of the county civil service commission.
(6)Any deputy district attorney.
(7)Any doctor, nurse, intern or superintendent or other executive officer,employed by, in or at the county hospital, county poor farm, or any homemaintained by the county for the detention or care of juveniles.
(8)The roadmaster of the county.
(9)Any temporary, part-time or seasonal employee.
(10)Any person holding a position subject to the jurisdiction of the commissioncreated by ORS 242.706.
(11)Any chief examiner appointed under ORS 242.716.
(12)Any assistants to a board of county commissioners.
(13)Any undersheriff, deputy undersheriff or administrative aide to a sheriff. [Formerly241.010; 1961 c.135 §1; 1963 c.331 §9; 1981 c.48 §6]
241.030 [Formerly241.015; 1961 c.135 §2; repealed by 1983 c.310 §21]