77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2691
House Bill 3063
Sponsored by Representative THOMPSON (at the request of Mike
Nearman)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Imposes requirements for filling positions in state service.
Requires appointing authority to advertise position for at least
10 days. Provides that if there are more than five qualified
applicants, appointing authority may not fill position without
again advertising position with five percent reduction in total
compensation for position. Requires appointing authority to
continue to advertise position, with additional five percent
reductions in compensation, until there are five or fewer
qualified applicants.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to state service; creating new provisions; amending ORS
240.306; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 240. + }
SECTION 2. { + (1) Before filling any position in state
service, the appointing authority for the position must advertise
the position on the Internet and in such publications as are most
likely to reach persons who might be interested in the position.
The position must be advertised on the Internet for a period of
at least 10 days, and must contain:
(a) A description of the position and the duties of the
position;
(b) A list of the qualifications for the position; and
(c) The total compensation for the position, including the
value of employer paid health insurance premiums, retirement
benefits and other benefits in addition to salary, expressed in
dollars.
(2) If more than five applicants meet the qualifications for a
position that is advertised under this section:
(a) The appointing authority shall notify the applicants that
the position will not be filled at that time;
(b) The appointing authority may not thereafter fill the
position without again advertising the position in the manner
provided in subsection (1) of this section; and
(c) The appointing authority must reduce the total compensation
for the position by five percent.
(3) An appointing authority that advertises a position under
subsection (2)(b) of this section may not fill the advertised
position until five or fewer applicants who meet the
qualifications for the position apply for the position, and shall
continue to reduce the compensation in the manner provided in
subsection (2)(c) of this section when subsequently advertising
the position until five or fewer applicants who meet the
qualifications for the position apply for the position.
(4) This section does not apply to positions in which the
employee will be represented by a collective bargaining unit.
(5) In no event may the salary offered by the state agency
under this section be less than the minimum wage rate established
by ORS 653.025.
(6) Notwithstanding any provision of ORS 192.410 to 192.505,
upon request by any person an appointing authority shall provide
to the person:
(a) A statement of the number of applicants for a position
advertised under this section; and
(b) The qualifications of the applicants for the position, as
reflected in the application forms of the individuals.
(7) Any person may bring an action to compel an appointing
authority to comply with the requirements of this section. In any
action brought under this subsection, the court shall award
reasonable attorney fees to a prevailing plaintiff. + }
SECTION 3. ORS 240.306 is amended to read:
240.306. (1) Recruiting, selecting and promoting employees
shall be on the basis of their relative ability, knowledge,
experience and skills, determined by open competition and
consideration of qualified applicants, without regard to an
individual's race, color, religion, sex, sexual orientation,
national origin, marital status, age, disability, political
affiliation or other nonjob related factors, with proper regard
for an individual's privacy. Nothing in this subsection shall be
construed to enlarge or diminish the obligation of the state or
the rights of employees concerning claims of employment
discrimination as prescribed by applicable state and federal
employment discrimination laws.
(2) The Oregon Department of Administrative Services shall
establish procedures to provide for statewide open recruitment
and selection for classifications that are common to state
agencies. The procedures shall include adequate public notice,
affirmative action to seek out underutilized members of protected
minorities, and job related testing. The department may delegate
to individual operating agencies the responsibility for
recruitment and selection of classifications where appropriate.
(3) Competition for appropriate positions may be limited to
facilitate employment of those with a substantial disability or
who are economically disadvantaged, or for purposes of
implementing a specified affirmative action program.
(4) Appointments to positions in state service shall be made on
the basis of qualifications and merit by selection from eligible
lists established by the department or a delegated operating
agency.
(5)(a) { + Except as provided in section 2 of this 2013
Act, + } noncompetitive selection and appointment procedures may
be used for unskilled or semiskilled positions, or where job
related ranking measures are not practical or appropriate.
(b) { + Except as provided in section 2 of this 2013 Act, + }
noncompetitive selection and appointment or direct appointment
also may be used by agency appointing authorities to fill
positions that:
(A) Require special or unique skills such as expert
professional level or executive positions; or
(B) Have critical timing requirements affecting recruitment.
(6) Minimum qualifications and performance requirements and
duties of a classification may be appropriately modified to
permit the appointment and promotion of trainees to positions
normally filled at full proficiency level.
(7) The department or delegated agencies shall establish
systems to provide opportunities for promotion through
meritorious service, training, education and career development
assignments. The department shall certify to the eligibility of
persons selected for promotion or delegate that responsibility to
operating agencies in appropriate situations. Provision shall be
made to bring persons into state service through open competition
at higher levels when the competition provides abilities not
available among existing employees, enrich state service or
contribute to improved employment opportunity for
underrepresented groups.
SECTION 4. { + 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 on its
passage. + }
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