ORS 240.240
Application of chapter to unclassified or management service

(1)

The unclassified service or, except as provided in ORS 240.250 (Rules applicable to management service), the management service shall not be subject to this chapter, except that employees and officers in the unclassified or management service shall be subject to the laws, rules and policies pertaining to any type of leave with pay except as otherwise provided in subsections (4) and (5) of this section, and shall be subject to the laws, rules and policies pertaining to salary plans except as otherwise provided in subsections (3) and (5) of this section.

(2)

With regard to any unclassified or management service position for which the salary is not fixed by law, and except as otherwise provided in subsections (3) and (5) of this section, the Personnel Division shall adopt a salary plan which is equitably applied to various categories in the unclassified or management service and is in reasonable conformity with the general salary structure of the state. The division shall maintain this unclassified and management salary plan in accordance with the procedures established for the classified salary plan as provided in ORS 240.235 (Compensation plan for classified service).

(3)

The Secretary of State and the State Treasurer, for the purpose of maintaining a salary plan for unclassified and management service positions in their departments, may request the advice and assistance of the division.

(4)

With regard to unclassified instructors and teachers under annual teaching contracts for an academic year in the school operated under ORS 346.010 (Training and educational services for children who are deaf), arrangements for leave with pay shall be established by the Department of Education.

(5)

With regard to unclassified positions in the Oregon Business Development Department’s foreign offices, the salary plan and arrangements for leave with pay shall be established by the Director of the Oregon Business Development Department. [1955 c.738 §5; 1969 c.80 §54; 1971 c.695 §2; 1975 c.427 §4; 1981 c.409 §3; 1985 c.121 §1; 1991 c.149 §4; 1995 c.612 §14; 2007 c.858 §62; 2009 c.562 §18]

Source: Section 240.240 — Application of chapter to unclassified or management service, https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html.

Notes of Decisions

Where former state medical examiner brought civil rights deprivation suit following discharge, position was unclassified civil service position and examiner was at-will employee and did not have property interest in continued employment requiring due process at termination. Brady v. Gebbie, 859 F2d 1543 (9th Cir. 1988)

Management employee exclusion from ORS chapter 240 applies except where otherwise specifically provided by ORS chapter 240 statutes. Knutzen v. Dept. of Insurance and Finance, 129 Or App 565, 879 P2d 1335 (1994)

Attorney General Opinions

Authority for voluntary pension trust program for public employes not in education, (1971) Vol 35, p 998; sick leave and vacation leave provisions for exempt or unclassified academic service, (1974) Vol 36, p 1119; rulemaking authority concerning employes working for two or more appointing authorities, (1976) Vol 38, p 475

240.005
Short title 240.010
Purpose of chapter 240.011
Policy on public service contracts 240.012
Job sharing 240.013
Job-sharing positions 240.015
Definitions 240.055
Personnel Division 240.057
Administrator of Personnel Division 240.060
Employment Relations Board 240.065
Appointment 240.071
Compensation and expenses of members 240.075
Removal of members 240.080
Chairperson appointed by Governor 240.086
Duties of board 240.088
Review of arbitration awards after written exceptions filed 240.100
Administer oaths 240.105
Use of public facilities of state or municipalities 240.115
Action to secure compliance with chapter 240.123
Board personnel 240.131
Employment Relations Board Administrative Account 240.145
Duties of administrator 240.160
Agency personnel officers 240.165
Cost of operating Personnel Division divided among various agencies of state government 240.167
Cost of operating Employment Relations Board divided among various divisions of state government 240.170
Oregon Department of Administrative Services Operating Fund 240.185
Maximum number of state employees 240.190
Policy on comparability of value of work and compensation and classification 240.195
Categories of positions in state service 240.200
Exempt service 240.205
Unclassified service 240.210
Classified service 240.212
Management service 240.215
Classification plan 240.217
Certain reclassifications prohibited 240.227
Salary for legislator appointed to exempt, unclassified or management service 240.235
Compensation plan for classified service 240.240
Application of chapter to unclassified or management service 240.245
Application of chapter to exempt service 240.250
Rules applicable to management service 240.306
Recruitment, selection and promotion of state employees 240.307
Procedure for enforcement of ORS 240.309 240.309
Temporary appointments 240.311
Delegation of authority and responsibility by division 240.316
Trial service 240.321
Collective bargaining 240.395
Suspension of merit system in emergencies 240.400
Designation by appointing authority of staff employees to act as alternates 240.406
Right of unclassified or exempt employee to be accompanied to employer-requested interview 240.410
Removals during trial period 240.425
Regular seasonal employees 240.430
Merit ratings 240.435
State Management Credentials Program required 240.546
Payments in lieu of sick leave with pay 240.551
Working hours, holidays, leaves of absence and vacations of employees in state classified service 240.555
Suspension, reduction, demotion or dismissal 240.560
Appeal procedure 240.563
Judicial review 240.570
Classified employee filling position in unclassified, exempt or management service 240.580
Service credits for service in unclassified service 240.590
Reemployment of employee in exempt service 240.610
Mediation service fee 240.710
Certain acts unlawful 240.750
When discipline action not to be retained in personnel file 240.850
Policy on work environments 240.855
Telecommuting 240.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 240.240’s source at oregon​.gov