2015 ORS 242.800¹
Investigation and hearing upon demand of accused
  • right to counsel

Any permanent employee who has been dismissed, demoted, suspended without pay or deprived of special privileges may, within 10 days, file with the commission a signed written demand for an investigation. If the demand alleges, or if it otherwise appears to the commission, that the dismissal was not made in good faith for cause, the commission shall conduct an investigation and hold a public hearing, such hearing to be within 30 days from the time appeal is filed. Appellant may be represented by counsel or any representative of appellant’s own choosing. The investigation shall be confined to the determination of the question of whether the dismissal was made in good faith for cause. [1959 c.252 §38]

Notes of Decisions

Failure of com­mis­sion to give fireman a hearing following his dismissal as re­quired by this sec­tion constituted a lack of good faith and a denial of due process. Helberg v. Civil Serv. Comm., 10 Or App 62, 498 P2d 789 (1972)

Notes of Decisions

Circuit court had no jurisdic­tion over ap­peal from decision of board of directors of rural fire district where district's civil service system did not "substantially accomplish" purposes of Civil Service for Firefighters Act in that board of directors, acting as review board, was not independent and impartial and no civil service com­mis­sion had been created. Leanord v. Jackson Co. Rural Fire Dist. No. 3, 71 Or App 249, 692 P2d 141 (1984)

Applica­tion of Civil Service for Firefighters Act to home rule municipality violates sec­tion 2, Article XI of Oregon Constitu­tion. McGee/Gymkowski v. Civil Service Board of the City of Portland, 211 Or App 149, 154 P3d 135 (2007)

Atty. Gen. Opinions

Competi­tion require­ments for filling posi­tions in fire protec­tion districts, (1978) Vol 38, p 1790

Law Review Cita­tions

51 OLR 53 (1971)

Chapter 242

Notes of Decisions

Policy of legislature was to provide for ap­peal to circuit court only in cases in which civil service com­mis­sion of county fire district ordered "removal, discharge, demo­tion or suspension," and thus order of reprimand of fireman was not ap­pealable. Hendrickson v. Civil Serv. Comm., 275 Or 127, 550 P2d 432 (1976)

Law Review Cita­tions

51 OLR 44 (1971)

1 Legislative Counsel Committee, CHAPTER 242—Civil Service for City or School District Employees and Firefighters, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors242.­html (2015) (last ac­cessed Jul. 16, 2016).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 242, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano242.­html (2015) (last ac­cessed Jul. 16, 2016).
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.