Bill Text: OR HB2096 | 2013 | Regular Session | Enrolled
Bill Title: Relating to the Fair Dismissal Appeals Board; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-04-02 - Chapter 18, (2013 Laws): Effective date July 1, 2013. [HB2096 Detail]
Download: Oregon-2013-HB2096-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2096
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Department of Education)
CHAPTER ................
AN ACT
Relating to the Fair Dismissal Appeals Board; creating new
provisions; amending ORS 342.930; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 342.930 is amended to read:
342.930. (1) { - A - } { + The + } Fair Dismissal Appeals
Board is created, consisting of { - 20 - } { + 24 + } members
appointed by the Governor, subject to confirmation by the Senate
as provided in ORS 171.562 and 171.565. { - Five members shall
be administrators in common or union high school districts, five
members shall be contract teachers, five members shall be members
of common or union high school district boards at the time of
their appointment and five members shall not be affiliated with
any common or union high school district. At least one member
from each category shall be resident of a school district with an
average daily membership as defined in ORS 327.006, of less than
1,500 students; one from each category shall be resident of a
school district containing from 1,500 to 4,500 students; and one
from each category shall be resident of a school district
containing over 4,500 students. - }
{ + (2)(a) The membership of the board shall be as follows:
(A) Six members must be administrators in common or union high
school districts;
(B) Six members must be contract teachers;
(C) Six members must be members of common or union high school
district boards at the time of their appointment; and
(D) Six members may not have any affiliation with any common or
union high school district.
(b) One member from each category described in paragraph (a)(A)
and (B) of this subsection may be retired prior to appointment if
the member had been previously employed as an administrator or a
contract teacher in this state.
(c) At least one member from each category described in
paragraph (a) of this subsection must be resident of a school
district so that each type of school district described below is
represented:
(A) A school district with an average daily membership, as
defined in ORS 327.006, of less than 1,500 students;
(B) A school district with an average daily membership, as
defined in ORS 327.006, of 1,500 to 4,500 students; and
Enrolled House Bill 2096 (HB 2096-INTRO) Page 1
(C) A school district with an average daily membership, as
defined in ORS 327.006, of greater than 4,500 students. + }
{ - (2) - } { + (3) + } Except as provided in subsection
{ - (3) - } { + (4) + } of this section, the term of office of
each member is four years, but a member serves at the pleasure of
the Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor whose term begins on July 1
next following. A member is eligible for reappointment. If there
is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired
term.
{ - (3) - } { + (4) + } A member whose term has expired may
continue to serve for the following limited purposes:
(a) To conduct a hearing and prepare a written decision if the
member was appointed to a panel in accordance with ORS 342.905
(2) before the expiration of the member's term; or
(b) To reconsider a decision if the member served on the panel
originally hearing an appeal and a motion for reconsideration is
filed prior to an appeal to the Court of Appeals.
{ - (4) - } { + (5) + } The continued service of a member
as provided in subsection { - (3) - } { + (4) + } of this
section shall not prevent a successor from taking office at the
time prescribed in subsection { - (2) - } { + (3) + } of this
section.
{ - (5) - } { + (6) + } Members shall be entitled to
compensation and expenses as provided in ORS 292.495 for each day
or part thereof during which they perform duties under ORS
342.805, 342.815, 342.835, 342.850, 342.875, 342.895 to 342.910
and this section, to be paid by the district school board from
which the appeal is taken. However, any member of the board who
would be entitled to receive a per diem except for being employed
in full-time public service may receive the payment if service on
the board is performed while the member is not under obligation
to perform contractual teaching or administrative duties.
{ - (6) - } { + (7) + } The board shall select one of its
members as chairperson and another as vice chairperson, for such
terms and with duties and powers necessary for the performance of
the functions of such offices as the board determines.
{ - (7) - } { + (8) + } A majority of the members of the
board constitutes a quorum for the transaction of business.
{ - (8) - } { + (9) + } In accordance with applicable
provisions of ORS chapter 183, the board may adopt rules
necessary for the administration of this section and ORS 342.905
and 342.910.
SECTION 2. { + Notwithstanding the term of office specified in
ORS 342.930, of the four members added to the Fair Dismissal
Appeals Board by the amendments to ORS 342.930 by section 1 of
this 2013 Act:
(1) Two shall serve for a term ending July 1, 2015.
(2) Two shall serve for a term ending July 1, 2017. + }
SECTION 3. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect July 1,
2013. + }
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Enrolled House Bill 2096 (HB 2096-INTRO) Page 2
Passed by House February 25, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate March 20, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2096 (HB 2096-INTRO) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2096 (HB 2096-INTRO) Page 4
