2017 ORS 236.610¹
Rights of employee when duties assumed by different public employer
  • employer duties

(1) No public employee shall be deprived of employment solely because the duties of employment have been assumed or acquired by another public employer, whether or not an agreement, annexation or consolidation with the present employer is involved. Notwithstanding any statute, charter, ordinance or resolution, but subject to ORS 236.605 (Definitions for ORS 236.605 to 236.640) to 236.640 (Reemployment right of employee at end of cooperation agreement), the public employee shall be transferred to the employment of the public employer that assumed or acquired the duties of the public employee, without further civil service examination.

(2) The transferred public employee shall not have the employee’s salary reduced as a result of a transfer under this section during the first 12 months of employment with the receiving employer. After the first 12 months of employment with the receiving employer, the transferred public employee shall be placed at the closest salary for the position as designated under the receiving employer’s salary schedule. However, if the receiving employer is a nonprofit corporation, the transferring employer and the receiving employer shall retain the right to negotiate the source of funding for the transferred employee’s salary.

(3) It is the responsibility of the transferring employer to liquidate accrued compensatory time at the time of transfer, consistent with any applicable statute or collective bargaining agreement.

(4)(a) At the time of transfer, the transferred public employee may elect to:

(A) Retain any accrued sick leave;

(B) Retain up to 80 hours of vacation leave; and

(C) Retain additional vacation leave if agreed to by the transferring employer, the receiving employer and the transferred public employee.

(b) At the time of transfer, the transferring employer shall pay to the receiving employer a sum equal to the number of hours of accrued leave retained times the employee’s hourly rate of pay.

(c) After the transfer, the receiving employer shall grant any leaves according to its rules or any bargaining agreement governing use of leaves.

(5) In the event that any transferred employee is subject to a waiting period for coverage of preexisting conditions under the health insurance plan of the receiving employer, the receiving employer shall arrange for a waiver of such waiting period with its health insurer. The transferring employer shall reimburse the receiving employer for the additional premium costs, if any, resulting from such waiver, for a period of not to exceed 12 months.

(6) In transferring a public employee under subsection (1) of this section, the employer shall furnish the employment records of that employee to the receiving employer at the time of transfer. The time of transfer shall be by written agreement between the public employers involved.

(7) If the public employer that is transferring a public employee participates in the Public Employees Retirement System, the transferring employer and the receiving employer must enter into a written agreement that addresses the manner in which any unfunded Public Employees Retirement System liability or surplus of the transferring public employer will be paid or credited, as required by ORS 238.231 (Unfunded liability or surplus after employee transfer or employer merger, consolidation or split). [1963 c.204 §§1, 2; 1971 c.500 §1; 1991 c.918 §3; 1995 c.286 §21; 2003 c.802 §165; 2005 c.808 §24; 2015 c.314 §2]

Notes of Decisions

An employe who has never had civil service status is not within the protec­tion of this sec­tion. Dist. Court of Multnomah County v. Multnomah County, 21 Or App 161, 534 P2d 207 (1975)

The term “public employe” in this sec­tion does not include public school teachers. Davis v. Wasco IED, 286 Or 261, 579 P2d 282 (1979)

Statute does not create contract between public employers and public employees preventing state from amending, repealing or excepting out of statute. FOPPO v. State of Oregon, 144 Or App 535, 928 P2d 335 (1996)

Atty. Gen. Opinions

Defini­tion of “facility,” (1978) Vol 38, p 2079

Notes of Decisions

The specific terms of ORS 342.120 (Definitions for chapter) et seq., relating to teachers, controlled over the general terms of these sec­tions, so these sec­tions did not guarantee reten­tion of permanent teacher status by a teacher who transferred from a school district to an Intermediate Educa­tion District. Davis v. Wasco IED, 286 Or 261, 593 P2d 1152 (1979)

Atty. Gen. Opinions

Retire­ment contribu­tions by Depart­ment of Environ­mental Quality to Multnomah County Retire­ment System for Columbia-Willamette Air Pollu­tion Authority, (1973) Vol 36, p 746; effect of transfer of Alcohol Safety Ac­tion Program and Comprehensive Op­tions for Drug Abusers from state opera­tion to Multnomah County, (1978) Vol 38, p 2079; entitle­ment of Correc­tions Division employe, transferred from state to county employ­ment under Community Correc­tions Act program contract, to continued participa­tion in PERS and to return to state employ­ment at contract termina­tion, (1978) Vol 39, p 357; status of employes performing duties under Comprehensive Employ­ment and Training Act program following transfer to consortium of twenty-two Oregon counties, (1981) Vol 42, p 1

1 Legislative Counsel Committee, CHAPTER 236—Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors236.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 236, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano236.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.