Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 236.610

Rights of employee when duties assumed by different public employer; employer duties

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      236.610 Rights of employee when duties assumed by different public employer; employer duties. (1) No public employee shall be deprived of employment solely because the duties of employment have been assumed or acquired by another public employer, whether or not an agreement, annexation or consolidation with the present employer is involved. Notwithstanding any statute, charter, ordinance or resolution, but subject to ORS 236.605 to 236.640, the public employee shall be transferred to the employment of the public employer that assumed or acquired the duties of the public employee, without further civil service examination.

      (2) The transferred public employee shall not have the employee’s salary reduced as a result of a transfer under this section during the first 12 months of employment with the receiving employer. After the first 12 months of employment with the receiving employer, the transferred public employee shall be placed at the closest salary for the position as designated under the receiving employer’s salary schedule. However, if the receiving employer is a nonprofit corporation, the transferring employer and the receiving employer shall retain the right to negotiate the source of funding for the transferred employee’s salary.

      (3) It is the responsibility of the transferring employer to liquidate accrued compensatory time at the time of transfer, consistent with any applicable statute or collective bargaining agreement.

      (4)(a) At the time of transfer, the transferred public employee may elect to:

      (A) Retain any accrued sick leave;

      (B) Retain up to 80 hours of vacation leave; and

      (C) Retain additional vacation leave if agreed to by the transferring employer, the receiving employer and the transferred public employee.

      (b) At the time of transfer, the transferring employer shall pay to the receiving employer a sum equal to the number of hours of accrued leave retained times the employee’s hourly rate of pay.

      (c) After the transfer, the receiving employer shall grant any leaves according to its rules or any bargaining agreement governing use of leaves.

      (5) In the event that any transferred employee is subject to a waiting period for coverage of preexisting conditions under the health insurance plan of the receiving employer, the receiving employer shall arrange for a waiver of such waiting period with its health insurer. The transferring employer shall reimburse the receiving employer for the additional premium costs, if any, resulting from such waiver, for a period of not to exceed 12 months.

      (6) In transferring a public employee under subsection (1) of this section, the employer shall furnish the employment records of that employee to the receiving employer at the time of transfer. The time of transfer shall be by written agreement between the public employers involved.

      (7) If the public employer that is transferring a public employee participates in the Public Employees Retirement System, the transferring employer and the receiving employer must enter into a written agreement that addresses the manner in which any unfunded Public Employees Retirement System liability or surplus of the transferring public employer will be paid or credited, as required by ORS 238.235. [1963 c.204 §§1,2; 1971 c.500 §1; 1991 c.918 §3; 1995 c.286 §21; 2003 c.802 §165; 2005 c.808 §24; 2015 c.314 §2]

Notes of Decisions
Cited in 11 cases, 1972–2000 · leading case: Davis v. Wasco Intermediate Education District
Sort: Relevance Newest Treatment
Davis v. Wasco Intermediate Education District (1979) or · cites it 66× “The facts of this case are not in dispute. Bettyjane Davis (hereafter Ms.”
Federation of Parole & Probation Officers v. State Ex Rel. Oregon Department of Corrections (1996) orctapp · cites it 76× “ORS 236.610, which was enacted in 1963, provides that "(1) No public employee shall be deprived of employment solely because the duties of employment have been assumed or acquired by another public employer, whether or not an agreement, annexation or consolidation with the…”
Davis v. Wasco Intermediate Education District (1978) orctapp · cites it 17× “Petitioner relies upon ORS 236.610, which provides: "(1) No public employe shall be deprived of his employment solely because the duties of his employment have been assumed or acquired by another public employer, whether or not an agreement, annexation or consolidation with his…”
Gish v. Douglas County (1991) orctapp “The collective bargaining agreement between plaintiffs union and the city, city or county employment regulations, the intergovernmental agreement, the public employee transfer statutes, ORS 236.610 et seq, or some combination of them, are among the possible sources that…”
Federation of Oregon Parole & Probation Officers v. State (1993) orctapp “550(2)(c); that transferred employees can retain accrued sick leave and certain vacation leave, ORS 236.610(2); and that transferred employees must receive the same benefits, hours and conditions of employment enjoyed by the county’s other employees.”
RIVER ROAD WATER DISTRICT v. City of Eugene (1972) orctapp “110, a public employer for the purposes of ORS 236.610 to 236.650, and a political subdivision for the purposes of ORS 305.”
Federation of Oregon Parole & Probation Officers v. State, Department of Corrections (1995) orctapp “550(2)(c); that transferred employees can retain accrued sick leave and certain vacation leave, ORS 236.610(2); and that transferred employees must receive the same benefits, hours and conditions of employment enjoyed by the county’s other employees.”
Bain v. Willamette Education Service District (2000) orctapp · cites it 22× “Wasco IED, 286 Or 261, 273 , 593 P2d 1152 (1979), is directly on point, in that it contains a very broad holding that “teachers in public schools” are not public employees for purposes of ORS 236.610. Plaintiffs were “teachers in public schools” when they taught at Hillcrest and…”
District Court v. Multnomah County (1975) orctapp “” An employee who never had civil service status is not within the protection of ORS 236.610. Defendant Dixson, however, contends that he has obtained civil service status by virtue of Multnomah County Civil Service Ordinance 10, § 1.”
Federation of Oregon Parole & Probation Officers v. State, Department of Corrections (1995) or · cites it 7× “550(2)(c) provides that a transferred employee “shall not suffer any reduction in salary or retirement eligibility.”
Davis v. Dalles School District (1978) orctapp “Petitioner appealed the IED’s action to FDAB, which dismissed her appeal on the grounds that her tenured status with the District did not survive her transfer to the IED and that the FDAB therefore had no jurisdiction over her appeal from the IED’s action.”
— Or. Rev. Stat. § 236.610(1) — 5 cases
Federation of Parole & Probation Officers v. State Ex Rel. Oregon Department of Corrections (1996) orctapp “ORS 236.610, which was enacted in 1963, provides that "(1) No public employee shall be deprived of employment solely because the duties of employment have been assumed or acquired by another public employer, whether or not an agreement, annexation or consolidation with the…”
Davis v. Wasco Intermediate Education District (1979) or “The facts of this case are not in dispute. Bettyjane Davis (hereafter Ms.”
Davis v. Wasco Intermediate Education District (1978) orctapp “Petitioner relies upon ORS 236.610, which provides: "(1) No public employe shall be deprived of his employment solely because the duties of his employment have been assumed or acquired by another public employer, whether or not an agreement, annexation or consolidation with his…”
Bain v. Willamette Education Service District (2000) orctapp “Wasco IED, 286 Or 261, 273 , 593 P2d 1152 (1979), is directly on point, in that it contains a very broad holding that “teachers in public schools” are not public employees for purposes of ORS 236.610. Plaintiffs were “teachers in public schools” when they taught at Hillcrest and…”
Federation of Oregon Parole & Probation Officers v. State, Department of Corrections (1995) or “550(2)(c) provides that a transferred employee “shall not suffer any reduction in salary or retirement eligibility.”
— Or. Rev. Stat. § 236.610(2) — 6 cases
Davis v. Wasco Intermediate Education District (1979) or “The facts of this case are not in dispute. Bettyjane Davis (hereafter Ms.”
Federation of Oregon Parole & Probation Officers v. State (1993) orctapp “550(2)(c); that transferred employees can retain accrued sick leave and certain vacation leave, ORS 236.610(2); and that transferred employees must receive the same benefits, hours and conditions of employment enjoyed by the county’s other employees.”
Federation of Oregon Parole & Probation Officers v. State, Department of Corrections (1995) orctapp “550(2)(c); that transferred employees can retain accrued sick leave and certain vacation leave, ORS 236.610(2); and that transferred employees must receive the same benefits, hours and conditions of employment enjoyed by the county’s other employees.”
Davis v. Wasco Intermediate Education District (1978) orctapp “Petitioner relies upon ORS 236.610, which provides: "(1) No public employe shall be deprived of his employment solely because the duties of his employment have been assumed or acquired by another public employer, whether or not an agreement, annexation or consolidation with his…”
Bain v. Willamette Education Service District (2000) orctapp “Wasco IED, 286 Or 261, 273 , 593 P2d 1152 (1979), is directly on point, in that it contains a very broad holding that “teachers in public schools” are not public employees for purposes of ORS 236.610. Plaintiffs were “teachers in public schools” when they taught at Hillcrest and…”
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