2017 ORS 291.371¹
Salary plan review by legislative review agency
  • approval for position reallocation
  • quarterly reports by state agencies

(1) As used in this section:

(a) “Legislative review agency” means the Joint Committee on Ways and Means during the period when the Legislative Assembly is in session and the Emergency Board or the Joint Interim Committee on Ways and Means during the interim period between sessions.

(b) “State agency” has the meaning given that term in ORS 291.002 (Definitions).

(2) Prior to making any changes in a compensation plan, the Oregon Department of Administrative Services shall submit the proposed changes to the legislative review agency. The proposed changes to be submitted to the legislative review agency include:

(a) Step pay increases;

(b) Cost of living adjustments;

(c) The addition of steps in position pay ranges;

(d) Any other actions that have an economic effect on a salary plan; and

(e) Estimates of the total cost of any salary plan changes for the current biennium and the next full biennium.

(3)(a) The Oregon Department of Administrative Services may approve the reallocation of positions or the establishment of new positions not specifically provided for in the budget of the affected state agency if it finds that the proposed change:

(A) Can be financed by the state agency within the limits of its biennial budget and legislatively approved program;

(B) Will not produce future budgetary increases; and

(C) Conforms to legislatively approved salary policies.

(b) Proposed changes not meeting the requirements of paragraph (a) of this subsection shall be presented to the legislative review agency.

(4) State agencies shall report on a quarterly basis to the legislative review agency. Each report shall include the number of budgeted positions that have remained vacant for a continuous period of six months, including all job categories and classifications, within the state agency. The legislative review agency shall order the reporting state agency to show cause why the budgeted positions have not been filled and shall assess fully the impact the vacancies have on:

(a) The state agency’s delivery of services, accounting for any seasonal fluctuation in the need for those services;

(b) The state agency’s budget due to increased use of overtime;

(c) The state agency’s use of temporary employees; and

(d) Employee workload. [1973 c.49 §1; 1985 c.713 §1; 1989 c.960 §1; 1993 c.724 §13; 1995 c.452 §16; 2009 c.595 §202; 2010 c.107 §1; 2012 c.107 §103; 2014 c.107 §9; 2016 c.117 §34; 2017 c.746 §3]

Notes of Decisions

There is no require­ment that Emergency Board approve upward reclassifica­tions of classified employes where no interim budgetary adjust­ment is necessary for salary increases. Berry v. State Forestry Dept., 35 Or App 703, 582 P2d 473 (1978), Sup Ct review denied

Where employe was dismissed for refusal to transfer to Portland in reclassified posi­tion, and he claimed that employer’s ac­tions, taken without approval of legislative review agency, violated this sec­tion, findings of fact on issue of employer’s good faith were re­quired. Ashman v. Children’s Services Division, 37 Or App 865, 588 P2d 665 (1978)

Atty. Gen. Opinions

Expenditures with respect to employes in unclassified service for life and disability insurance, physical examina­tions, and physical fitness programs, (1978) Vol 38, p 1770

1 Legislative Counsel Committee, CHAPTER 291—State Financial Administration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors291.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 291, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano291.­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.