2017 ORS 240.309¹
Temporary appointments
  • limitations
  • duration
  • extension
  • periodic reports
  • post-audit review
  • investigation
  • exceptions

(1) Temporary employment shall be used for the purpose of meeting emergency, nonrecurring or short-term workload needs of the state.

(2) A temporary employee may be given a nonstatus appointment without open competition and consideration only for the purposes enumerated in this section. Temporary appointments shall not be used to defeat the open competition and consideration system.

(3) A temporary employee may not be employed in a permanent, seasonal, intermittent or limited duration position except to replace an employee during an approved leave period.

(4) Employment of a temporary employee for the same workload need, other than for leave, may not exceed six calendar months. The decision to extend the period of employment may be delegated by the Personnel Division of the Oregon Department of Administrative Services to other state agencies. Approval to extend shall be allowed only upon an appointing authority’s finding that the original emergency continues to exist and that there is no other reasonable means to meet the emergency. Agency actions under this subsection are subject to post-audit review by the Oregon Department of Administrative Services as provided in ORS 240.311 (Delegation of authority and responsibility by division).

(5) Employment of a temporary employee for different workload needs shall not exceed the equivalent of six calendar months in a 12-month period.

(6) A temporary employee shall not be denied permanent work because of the temporary status. Temporary service shall not be used as any portion of a required trial service period.

(7) The Personnel Division of the Oregon Department of Administrative Services shall report the use of temporary employees, by agency, once every six months, including the duration and reason for use or extensions, if any, of temporary appointments. The reports shall be made available upon request to interested parties, including employee organizations. If any interested party alleges misuse of temporary employees, the division shall investigate, report its findings and take appropriate action.

(8) The Department of Justice may use temporary status appointments for student law clerks for a period not to exceed 24 months.

(9) The chief administrative law judge of the Office of Administrative Hearings may use temporary status appointments for student law clerks for a period not to exceed 24 months. Student law clerks appointed under this subsection may not act as administrative law judges or conduct hearings for the Office of Administrative Hearings.

(10) The Public Utility Commission may use temporary status appointments for student law clerks for a period not to exceed 24 months.

(11) A state agency may use temporary status appointments for a period not to exceed 48 months for student interns who are enrolled in high school or who are under 19 years of age and are training to receive a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test. Student interns are not eligible for benefits under ORS 243.105 (Definitions for ORS 243.105 to 243.285) to 243.285 (Salary deductions). [1985 c.635 §3; 1990 c.3 §1; 1993 c.98 §5; 1993 c.724 §12; 2001 c.312 §1; 2003 c.75 §20; 2009 c.177 §1; 2017 c.66 §14]

Law Review Cita­tions

51 OLR 24 (1971)

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 240, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano240.­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.