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About The Oregon state employee. (Salem, Oregon.) 1944-195? | View Entire Issue (March 1, 1945)
38 CIVIL SERVICE ACT (Continued from Page 37) Section 21. 1. W henever a reduction in em ployes is required because o f a shortage o f funds or w ork or a m aterial change in duties or organization, em ployes shall be laid o ff b y appointing authorities and u n der rules, w hich shall take into account length o f service and m erit rating. 2. In every case o f la y -o ff o f a regular em ploye, the appointing authority shall, 15 days before the effectiv e date thereof, give w ritten notice to the em ploye and the dircetor. In any case w here an oppointing au th ority refuses, or fails to certify before the effectiv e date thereof, that the la y -o ff was fo r reasons not reflectin g discredit on the em ploye, it shall be deemed a dism issal and shall be su b ject to the provisions con cerning dism issals as provided in this act. 3. Su b je ct to the rules, a regular em ploye whose position m ay be discontinued or reclassified m ay be transferred to a v acan t position in the sam e or com parable class, or m ay elect to accept volu ntary transfer to a vacan t position for w hich he is q u alified and has his nam e placed upon an appropriate reem ploym ent list. A n in cum bent o f a reclassified position m ay be retained in the position under the new classification, or, advanced thereto if he passes a non-com petitive test for the new position. Section 22. The com m ission, b y ru le, shall establish a procedure in accordance w ith this act w hereby the appointing au th ority in any division m ay suspend, reduce, demote or dismiss such em ploye for m isconduct, in e fficie n cy , incom petence, insubordination, indolence, m alfeasance, or other unfitness to render e ffectiv e service, and for the in vestigation and public hearing o f appeals of such suspended, reduced, dem oted or dismissed em ploye. The appointing authority fo r disciplinary purposes m ay suspend w ithout p ay a reg u lar em ploye fo r a period not exceeding 30 days in any 12 m onths. Section 23. A regular em ploye who is reduced, dism issed, suspended or dem oted, shall have the rig h t to appeal to the com m ission not later than 10 days after the effectiv e date o f such reduction, dism issal, suspension or dem otion. Su ch appeal shall be in w riting and shall be heard b y the com m ission w ithin 40 days after its receipt. The com m ission shall fu rn ish the division concerned w ith a copy o f the appeal in advance of the hearing. The hearing shall be open to the public and inform al. B oth the em ploye and his appointing authority shall be notified reasonably in advance o f the hearing and shall have the righ t to have subpoenas issued, present witnesses and give evidence before the com m ission. I f the com m ission find s that the action com plained of was taken b y the appointing authority fo r any p o litical, religious or racial reasons, the em ploye shall be re in stated to his position and shall not su ffer any loss in pay. In all other c a se s,, the find ings o f the com m ission shall be su b m it t e d to and considered b y the appointing authority, who shall m ake a fin a l decision disposing of the appeal, w hich decision shall not be review able b y any court. I f such fin a l decision is in favo r of the em ploye the appointing authority m ay reinstate him . W hen any regular em ploye is dismissed and is not reinstated after appeal, the com m ission shall, w here the circum stances are found to w arrant reem ploym ent, place his nam e on an appropriate reem ploym ent list. Section 24. 1. Su b je ct to the rules the com m ission m ay enter into agreem ent w ith any m u n icip ality or p o litical subdivision o f the state to furnish services and facilitie s of the departm ent to such m u n icip ality or p olitical subdivision in the adm inistration of its personnel on m erit principals. A n y such agreem ent shall provide fo r the re-, im bursem ent to the state o f the cost o f the services and facilities furnished. A ll m u n i cipalities and p o litical subdivisions o f the state are hereby authorized to enter into such agreem ents. 2. The com m ission m ay cooperate w ith governm ental agencies fo r other u risdic- tions charged w ith personnel adm inistration in conducting jo in t tests and establishing jo in t lists from w hich eligibles shall, be cer tified for appointm ent in accordance w ith the provisions of this act. Section 25. E ach m em ber of the com m is sion shall have power to adm inister oaths, subpoena witnesses and com pel the p roduc tion o f books and papers pertinent to any investigation or h earing authorized b y this act. A n y person who shall fa il to appear in response to a subpoena or to answ er any question or produce any books or papers pertinent to any such investigation or h ear ing shall be g u ilty of a m isdem eanor. Section 26. A ll officers and em ployes of the state and o f m unicip alities and p olitical subdivisions o f the state shall allow the de^ p artaient the reasonable use o f public buildings under their control, and furnish heat, lig h t, and fu rn itu re, fo r any exam in a tion, h earing or investigation authorized b y this act. The departm ent shall p ay to a m u n icip ality or p o litical subdivision the reasonable cost o f any such facilitie s fu r nished b y it. Section 27. 1. A ll o fficers a n d employes shall furnish any records or inform ation, excep t records m ade confidential b y sta- Needham’s Book Store D R Quisenberry's Central Pharmacy DRUGS G Guardian Bldg. S 465 State St., Salem, Oregon 410 State AUTHORIZED AGENTS FOR Royal Standard Typewriters Salem, Oregon