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.
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465 State St., Salem, Oregon
410 State
AUTHORIZED AGENTS FOR
Royal Standard Typewriters
Salem, Oregon