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
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