240.570
Classified employee filling position in unclassified, exempt or management
service. (1)
Positions in the unclassified, management and exempt services may be filled by
classified employees. After an employee is terminated from the unclassified or
exempt service or removed from the management service, for reasons other than
those specified in ORS 240.555, the state agency that employed the employee
before the appointment to the unclassified, exempt or management service may,
at the agency’s sole discretion, restore the employee to a position held in the
agency before the appointment if the employee meets the position requirements.
If an employee is restored to a former position, the employee is subject to any
applicable agency collective bargaining agreement.
(2) An appointing
authority may assign, reassign and transfer management service employees for
the good of the service and may remove employees from the management service
due to reorganization or lack of work.
(3) A management
service employee is subject to a trial service period established pursuant to
rules of the Personnel Division under ORS 240.250. Thereafter, the management
service employee may be disciplined by reprimand, salary reduction, suspension
or demotion or may be removed or dismissed from the management service if the
employee is unable or unwilling to fully and faithfully perform the duties of
the position satisfactorily.
(4) Management
service employees who are assigned, reassigned, transferred or removed, as
provided in subsection (2) of this section, and employees who are disciplined,
removed or dismissed from the management service as authorized in subsection
(3) of this section may appeal to the Employment Relations Board in the manner
provided by ORS 240.560.
(5)(a) Management
service employees with immediate prior former regular status in the classified
service who are removed from trial service pursuant to ORS 240.410 have a right
to be restored to their former positions.
(b) Except as
provided in paragraph (a) of this subsection, management service employees with
immediate prior former regular status in the classified service who are
appointed to the management service and who have not been dismissed from the
management service for a reason specified in ORS 240.555:
(A) Prior to
January 1, 2015, have the right to restoration to the classified service for
three years from the date of appointment to the management service.
(B) After
December 31, 2014, have no right to restoration to the classified service. [1955
c.738 §6; 1979 c.468 §18; 1981 c.409 §4; 1985 c.121 §3; 1987 c.269 §1; 2005
c.766 §1; 2014 c.22 §1]
240.572 [1977 c.271 §3; repealed by 1979
c.468 §1]
240.575 [1971 c.542 §2; repealed by 1979
c.468 §1]
Notes of Decisions
Shepherd v. Oregon Liquor Control Comm'n, 724 P.2d 901 (Or. Ct. App. 1986).
· cites it 6× “570(3), 1 and was reassigned to a classified service position in the agency’s Enforcement Division, pursuant to ORS 240.570(1). 2 He appealed the “removal” and “restoration” to the Employment Relations Board (ERB), which, by order dated June 11, 1985, adopted its agent’s…”
Fajer v. Dep't of Human Resources, 625 P.2d 140 (Or. Ct. App. 1981).
· cites it 4× “(Ref: ORS 240.570)” We must determine whether this rule, consistent with ORS 240.”
McGee v. Dep't of Human Servs., 99 P.3d 337 (Or. Ct. App. 2004).
· cites it 15× “The question on review is whether the board erred in ruling that the department’s reassignment of McGee violated ORS 240.570(2). 1 See ORS 240.086(1) (discussing the board’s authority in reviewing personnel actions).”
Knutzen v. Dep't of Ins. & Fin., 879 P.2d 1335 (Or. Ct. App. 1994).
· cites it 9× “He then appealed to ERB arguing, among other things, that DIF’s failure to follow the established management service lay off policy and procedure violated *568 ORS 240.570. 3 ERB, acting on its authority to review personnel actions under ORS 240.”
— Or. Rev. Stat. § 240.570(1) — 1 case
Shepherd v. Oregon Liquor Control Comm'n, 724 P.2d 901 (Or. Ct. App. 1986).
“570(3), 1 and was reassigned to a classified service position in the agency’s Enforcement Division, pursuant to ORS 240.570(1). 2 He appealed the “removal” and “restoration” to the Employment Relations Board (ERB), which, by order dated June 11, 1985, adopted its agent’s…”
— Or. Rev. Stat. § 240.570(2) — 1 case
McGee v. Dep't of Human Servs., 99 P.3d 337 (Or. Ct. App. 2004).
“The question on review is whether the board erred in ruling that the department’s reassignment of McGee violated ORS 240.570(2). 1 See ORS 240.086(1) (discussing the board’s authority in reviewing personnel actions).”
— Or. Rev. Stat. § 240.570(3) — 2 cases
Shepherd v. Oregon Liquor Control Comm'n, 724 P.2d 901 (Or. Ct. App. 1986).
“570(3), 1 and was reassigned to a classified service position in the agency’s Enforcement Division, pursuant to ORS 240.570(1). 2 He appealed the “removal” and “restoration” to the Employment Relations Board (ERB), which, by order dated June 11, 1985, adopted its agent’s…”
McGee v. Dep't of Human Servs., 99 P.3d 337 (Or. Ct. App. 2004).
“The question on review is whether the board erred in ruling that the department’s reassignment of McGee violated ORS 240.570(2). 1 See ORS 240.086(1) (discussing the board’s authority in reviewing personnel actions).”
— Or. Rev. Stat. § 240.570(4) — 3 cases
Shepherd v. Oregon Liquor Control Comm'n, 724 P.2d 901 (Or. Ct. App. 1986).
“570(3), 1 and was reassigned to a classified service position in the agency’s Enforcement Division, pursuant to ORS 240.570(1). 2 He appealed the “removal” and “restoration” to the Employment Relations Board (ERB), which, by order dated June 11, 1985, adopted its agent’s…”
Knutzen v. Dep't of Ins. & Fin., 879 P.2d 1335 (Or. Ct. App. 1994).
“He then appealed to ERB arguing, among other things, that DIF’s failure to follow the established management service lay off policy and procedure violated *568 ORS 240.570. 3 ERB, acting on its authority to review personnel actions under ORS 240.”
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