2015 ORS 291.231¹
Ratio of state agency nonsupervisory employees to supervisory employees
  • layoffs or reclassifications to achieve ratio
  • exceptions
  • definitions

(1) Notwithstanding ORS 291.229 (Report on actions by state agencies to attain ratio of nonsupervisory employees to supervisory employees), a state agency that employs more than 100 employees and has not, by April 11, 2012, attained a ratio of at least 11 to 1 of employees of the state agency who are not supervisory employees to supervisory employees:

(a) May not fill the position of a supervisory employee until the agency has increased the agency’s ratio of employees to supervisory employees so that the ratio is at least one additional employee to supervisory employees; and

(b) Shall, not later than October 31, 2012, lay off or reclassify the number of supervisory employees necessary to attain the increase in the ratio specified in paragraph (a) of this subsection if the increase in that ratio is not attained under paragraph (a) of this subsection or through attrition.

(2) Notwithstanding ORS 291.229 (Report on actions by state agencies to attain ratio of nonsupervisory employees to supervisory employees), a state agency that employs more than 100 employees and has complied with the requirements of subsection (1) of this section, but has not attained a ratio of at least 11 to 1 of employees of the state agency who are not supervisory employees to supervisory employees:

(a) May not fill the position of a supervisory employee until the agency has increased the agency’s ratio of employees to supervisory employees by at least one additional employee; and

(b) Not later than October 31 of each subsequent year, shall lay off or reclassify the number of supervisory employees necessary to increase the agency’s ratio of employees to supervisory employees so that the ratio is at least one additional employee to supervisory employees.

(3) Layoffs or reclassifications required under this section must be made in accordance with the terms of any applicable collective bargaining agreement. A supervisory employee who is reclassified into a classified position pursuant to this section shall be compensated in the salary range for the classified position unless otherwise provided by an applicable collective bargaining agreement.

(4) Upon application from a state agency, the Director of the Oregon Department of Administrative Services may grant a state agency an exception from the requirements of subsections (1) to (3) of this section. The director may grant an exception under this section that:

(a) Applies to a particular position if the director determines the exception is necessary to allow the state agency to maintain public or state agency employee safety;

(b) Applies to a division, unit, office, branch or other smaller part of the state agency if the director determines the exception is necessary to allow the state agency to maintain public or state agency employee safety or because of the geographic location of the division, unit, office, branch or other smaller part of the state agency; or

(c) The director determines is warranted because the state agency has supervisory employees exercising authority over personnel who are not employees of the state agency, the state agency has a significant number of part-time or seasonal employees or the state agency has another unique personnel need.

(5) Not later than five business days before the director proposes to grant an exception under this section, the director shall notify each collective bargaining agent of the public or state agency employees in the appropriate bargaining unit for the state agency requesting an exception.

(6) The department shall report all exceptions granted under this section to the Joint Committee on Ways and Means, the Joint Interim Committee on Ways and Means or the Emergency Board.

(7) As used in this section:

(a)(A) "State agency" means all state officers, boards, commissions, departments, institutions, branches, agencies, divisions and other entities, without regard to the designation given to those entities, that are within the executive branch of government as described in Article III, section 1, of the Oregon Constitution.

(B) "State agency" does not include:

(i) The legislative department as defined in ORS 174.114 ("Legislative department" defined);

(ii) The judicial department as defined in ORS 174.113 ("Judicial department" defined);

(iii) The Public Defense Services Commission;

(iv) The Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices;

(v) Semi-independent state agencies listed in ORS 182.454 (Semi-independent state agencies);

(vi) The Oregon Tourism Commission;

(vii) The Oregon Film and Video Office;

(viii) Public universities listed in ORS 352.002 (Public universities);

(ix) The Oregon Health and Science University;

(x) The Travel Information Council;

(xi) Oregon Corrections Enterprises;

(xii) The Oregon State Lottery Commission;

(xiii) The State Accident Insurance Fund Corporation;

(xiv) The Oregon Utility Notification Center;

(xv) Oregon Community Power;

(xvi) The Citizens’ Utility Board;

(xvii) A special government body as defined in ORS 174.117 ("Special government body" defined);

(xviii) Any other public corporation created under a statute of this state and specifically designated as a public corporation; and

(xix) Any other semi-independent state agency denominated by statute as a semi-independent state agency.

(b) "Supervisory employee" has the meaning given that term in ORS 243.650 (Definitions for ORS 243.650 to 243.782). [2012 c.101 §1; 2013 c.1 §103; 2013 c.748 §1; 2015 c.3 §40; 2015 c.767 §92]

Note: 291.231 (Ratio of state agency nonsupervisory employees to supervisory employees) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 291 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 1 to 4, chapter 622, Oregon Laws 2015, provide:

Sec. 1. (1) During the biennium beginning July 1, 2015, the provisions of ORS 291.231 (Ratio of state agency nonsupervisory employees to supervisory employees) do not apply to a state agency.

(2) Notwithstanding subsection (1) of this section, during the biennium beginning July 1, 2015, a state agency may not reduce the agency’s ratio of nonsupervisory employees to supervisory employees, as approved by the agency’s legislatively approved budget, unless the Director of the Oregon Department of Administrative Services grants an exception pursuant to ORS 291.231 (Ratio of state agency nonsupervisory employees to supervisory employees) (4).

(3) The Oregon Department of Administrative Services shall monitor state agency staffing ratios during the biennium beginning July 1, 2015, and produce quarterly reports describing any changes in the ratios. The reports shall include data on all employee types as the data is reasonably available. The department shall publish the reports on the department’s webpage and shall notify labor organizations representing state employees when the reports are published.

(4) As used in this section:

(a) "State agency" has the meaning given that term in ORS 291.231 (Ratio of state agency nonsupervisory employees to supervisory employees).

(b) "Supervisory employee" has the meaning given that term in ORS 243.650 (Definitions for ORS 243.650 to 243.782). [2015 c.622 §1]

Sec. 2. Notwithstanding section 1 of this 2015 Act, if a state agency increases the agency’s ratio of nonsupervisory employees to supervisory employees during the biennium beginning July 1, 2015, the state agency may count the increase in subsequent years for purposes of complying with ORS 291.231 (Ratio of state agency nonsupervisory employees to supervisory employees) (2). [2015 c.622 §2]

Sec. 3. (1) The Oregon Department of Administrative Services shall convene a work group to study and develop a report on appropriate ratios of state agency employees who are not supervisory employees to supervisory employees.

(2) Members of the work group shall be appointed by the Director of the Oregon Department of Administrative Services and shall include:

(a) Representatives from the Oregon Department of Administrative Services;

(b) Representatives from other state agencies in the executive department as defined in ORS 174.112 ("Executive department" defined), including but not limited to agency managers or supervisory employees, agency employees who are not supervisory employees and agency human resources employees;

(c) Representatives of the two largest labor organizations representing state agency employees; and

(d) Representatives of private entities as the director determines is appropriate.

(3) The work group shall:

(a) Study public and private sector standards and best practices related to appropriate ratios of employees who are not supervisory employees to supervisory employees;

(b) Identify job families or services for consideration of best practices, including but not limited to public safety, administration and human service delivery;

(c) Consider practices in other states, geographic location issues, public and private industry standards for specific professional requirements and any other issues related to a specific line of business or particular service or function;

(d) Consider the best approaches for providing exceptions to required staffing ratios; and

(e) Develop and submit a report to the Legislative Assembly, including proposals for establishing rational, best practices for state agency staffing ratios based on the nature of job families or services provided by each state agency, and may submit recommendations for legislation.

(4) The Oregon Department of Administrative Services shall convene the work group as soon as practicable after the effective date of this 2015 Act [July 1, 2015]. The department shall provide facilities and administrative support for meetings of the work group.

(5) The work group shall submit the report, including any recommendations for legislation, to the Legislative Assembly in the manner provided in ORS 192.245 (Form of report to legislature) on or before the date of the convening of the 2017 regular session of the Legislative Assembly as specified in ORS 171.010 (Time and place of holding regular legislative sessions) [February 1, 2017].

(6) As used in this section:

(a) "Job families" means groups of occupations based upon work performed, skills, education, training and credentials.

(b) "State agency" has the meaning given that term in ORS 291.231 (Ratio of state agency nonsupervisory employees to supervisory employees).

(c) "Supervisory employee" has the meaning given that term in ORS 243.650 (Definitions for ORS 243.650 to 243.782). [2015 c.622 §3]

Sec. 4. (1) Sections 1 and 3 of this 2015 Act are repealed on June 30, 2017.

(2) Section 2 of this 2015 Act is repealed January 2, 2020. [2015 c.622 §4]


1 Legislative Counsel Committee, CHAPTER 291—State Financial Administration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors291.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.