ORS 240.240¹
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]

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)

Atty. Gen. 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

Chapter 240

Notes of Decisions

Effect of Public Employes Rela­tions Act is to modify authority of Personnel Division so that, while division retains responsibility for es­tab­lishing general job salary grades and classifica­tions, specific salary within each range which is paid to employe in public employe bargaining unit is subject to negotia­tion or arbitra­tion under terms of ORS chapter 243. AFSCME v. Executive Dept., 52 Or App 457, 628 P2d 1228 (1981), Sup Ct review denied

Completed Cita­tions

Beistel v. Pub. Employe Rela­tions Bd., 6 Or App 115, 486 P2d 1305 (1971)

Atty. Gen. Opinions

Changing regular eight-hour day and 40-hour week without overtime pay, (1972) Vol 35, p 1291; state agencies paying carpooling employes’ parking fees, (1974) Vol 36, p 1015; uniform collective bargaining agree­ments for like classes of employes, (1978) Vol 38, p 1694; employe classifica­tion of deputy public defenders, (1979) Vol 39, p 726

Law Review Cita­tions

51 OLR 38 (1971); 16 WLR 341 (1979)

1 Legislative Counsel Committee, CHAPTER 240—State Personnel Relations, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors240.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 240, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano240.­html (2019) (last ac­cessed May 16, 2020).
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.
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