2017 ORS 423.549¹
State positions in community corrections branch
  • abolishment
  • county authority
  • affected employees
  • pay

(1) Notwithstanding ORS 236.605 (Definitions for ORS 236.605 to 236.640) to 236.640 (Reemployment right of employee at end of cooperation agreement), all state positions in the state community corrections branch of the Department of Corrections, the funding for which is transferred to counties, are abolished on January 1, 1997. Counties have sole discretion in the development of methods and means of county community corrections operation under ORS 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council) including establishment of wages, benefits and working conditions and selection of any employees to operate supervision programs or other services and sanctions under ORS 423.478 (Duties of department and counties) and 423.525 (Application for financial aid). The implementation of this section does not give rise to any bargaining obligation under ORS 243.650 (Definitions for ORS 243.650 to 243.782) to 243.782 (Representation by counsel authorized). Notwithstanding any collective bargaining agreement, the department shall first offer to any employee so affected and not hired by a county a vacant position in other department branches and operations for which the employee is qualified. This preference lapses 90 days after the operative date of this section. The department has sole discretion in selecting and filling vacant positions from among affected employees having preference.

(2) Notwithstanding subsection (1) of this section, for each month of employment during the period of January 1, 1997, through June 30, 1997, a county shall pay each affected employee hired by the county in regular full-time employment to provide or to support the provision of community corrections programs and services the same minimum gross monthly salary or hourly wage that the affected employee received in state employment immediately prior to termination of the employee’s state position. In the event an affected employee formerly employed by the state in a supervisory position is hired by a county in a nonsupervisory position, the county shall pay the affected employee during this period the same minimum gross monthly salary or hourly wage to which an affected employee in the nonsupervisory position would have been entitled to receive in state employment at the top step of the state pay classification for that position immediately prior to its termination. A county shall also provide to each affected employee during this period the same benefits provided to existing county employees performing the same or substantially similar work, giving full consideration to the length of the employee’s state service as though the service had been in and for the county. [1995 c.423 §16 (enacted in lieu of 423.550)]

Notes of Decisions

Under Former Similar Statute (Ors 423.550)

State had duty to bargain over impact of transferring parole and proba­tion of­fi­cers from state to county, although state had no duty to bargain over transfer. Federa­tion of Oregon Parole and Proba­tion Officers v. Dept. of Correc­tions, 119 Or App 355, 850 P2d 1154 (1993)

Atty. Gen. Opinions

Under Former Similar Statute (Ors 423.550)

Entitle­ment of Correc­tions Division employee, transferred from state to county employ­ment under Community Correc­tions Act program contract, to continue participating in PERS and to return to state employ­ment at contract termina­tion, (1978) Vol 39, p 357

Notes of Decisions

State is not subject to pro­vi­sions of Public Employees Collective Bargaining Act where making mandatory transfer of state correc­tions employees to county employ­ment. Federa­tion of Oregon Parole and Proba­tion Officers v. Dept. of Correc­tions, 322 Or 215, 905 P2d 838 (1995)

Atty. Gen. Opinions

Funding and financing of Community Correc­tions Act, (1981) Vol 41, p 387

1 Legislative Counsel Committee, CHAPTER 423—Corrections and Crime Control Administration and Program, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors423.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 423, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano423.­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.