ORS 291.371¹
Salary plan review by legislative review agency
  • approval for position reallocation
  • Human Services and Corrections Departments to submit special reports
  • transfer of vacant position authority

(1) As used in this section, "legislative review agency" means the Joint Committee on Ways and Means during the period when the Legislative Assembly is in session and the Emergency Board during the interim period between sessions.

(2) Prior to making any changes in a salary plan, the Oregon Department of Administrative Services shall submit the proposed changes to the legislative review agency.

(3)(a) The Oregon Department of Administrative Services may approve the reallocation of positions or the establishment of new positions not specifically provided for in the budget of the affected agency if it finds that the proposed change:

(A) Can be financed by the agency within the limits of its biennial budget and legislatively approved program;

(B) Will not produce future budgetary increases; and

(C) Conforms to legislatively approved salary policies.

(b) Proposed changes not meeting the requirements of paragraph (a) of this subsection shall be presented to the legislative review agency.

(4) Agencies within the Department of Human Services and the Department of Corrections shall report on a biennial basis to the legislative review agency. Each report shall include the number of vacant budgeted positions, including all job categories and classifications, within the agency. The legislative review agency shall order the reporting agency to show cause why the budgeted positions have not been filled and shall assess fully the impact the vacancies have on:

(a) The agency’s delivery of services, accounting for any seasonal fluctuation in the need for those services;

(b) The agency’s budget due to increased use of overtime;

(c) The agency’s use of temporary employees; and

(d) Employee workload.

(5) It is declared to be the policy of this state that the total personal services, budget and full-time equivalent positions approved for any state agency shall be the maximum amount necessary to meet the requirements of the agency for the biennium. Notwithstanding ORS 291.232 (Declaration of policy) to 291.260 (Approving, modifying or disapproving requests and budgets to be submitted to the federal government), the Governor and the Oregon Department of Administrative Services may transfer vacant position authority among and within state agencies to achieve maximum utilization of authorized positions within agencies. [1973 c.49 §1; 1985 c.713 §1; 1989 c.960 §1; 1993 c.724 §13; 1995 c.452 §16]

Notes of Decisions

There is no require­ment that Emergency Board approve upward reclassifica­tions of classified employes where no interim budgetary adjust­ment is necessary for salary increases. Berry v. State Forestry Dept., 35 Or App 703, 582 P2d 473 (1978), Sup Ct review denied

Where employe was dismissed for refusal to transfer to Portland in reclassified posi­tion, and he claimed that employer's ac­tions, taken without approval of legislative review agency, violated this sec­tion, findings of fact on issue of employer's good faith were re­quired. Ashman v. Children's Services Division, 37 Or App 865, 588 P2d 665 (1978)

Atty. Gen. Opinions

Expenditures with respect to employes in unclassified service for life and disability insurance, physical examina­tions, and physical fitness programs, (1978) Vol 38, p 1770

1 Legislative Counsel Committee, CHAPTER 291—State Financial Administration, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors291.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 291, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­291ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information