6
Attorney General Opinions
The following is a digest of the sev
eral opinions from the office of the
Attorney General of the State of Ore
gon regarding the Public Employees
Retirement A ct and the State Civil
Service A ct:
Veteran’s Preference
"Applicants for state positions who
are currently serving in the armed
forces of the United States are not
within the definition of 'war veteran’
(Chapter 80, Oregon Laws 1943). Un
til actually separated from the service
'under honorable condition,* they can
not be given veterans’ preference.
The points added to examination
ratings are given only to those who
appear as veterans upon the list estab
lished as a result of an entrance test.
You (The Civil Service Commission)
are authorized to grant the statutory
preference to any applicant who has
passed the examination and is actually a
war veteran at the time the list is es
tablished as a result of such examina
tion, and to no others.
A war veteran on terminal leave,
who has received a separation notice,
which is evidence of 'the fact that he
is separated from the service under
honorable conditions’, is to be regarded
as 'honorably separated or discharged
from’ service in the armed forces.”
Merit System Agencies
"(C hapter 400, Oregon Laws 1943)
'All provisions of this act that are to
remain effective’ as to the four state
divisions supervised by the Merit Sys
tem Council include the provisions of
Chapter 400, supra, as to examinations
and the establishment of eligible lists.
The A ct acknowledges conditions im
posed by the Social Security Board of
the United States as to employment of
personnel in the four agencies mention
ed and retains in effect conditions
which the Social Security Board regards
as inseparable from such employment.
The prohibition against holding com
petitive tests before the time stated
applies only to employees of 'other di
visions’ than the four agencies.
Until tests can be given 'said other
divisions’ are authorized to 'make ad
ditional conditional’ appointments as
may be required without certification
from a list. . . . The provisions for de
ferring tests and the establishment of
eligible lists does not apply to the four
agencies now operating under the merit
system.”
Cost of Civil Service Administration
"Divisions and departments of the
state government are obliged to pay
the amounts charged against them by
the State Civil Service Commission as
their respective shares of the cost of
administering. Chapter 400, Oregon
Laws, 1943.”
Bargaining Agreements, School Boards
The Superintendent of Public In
struction asked the office of the A t
torney General for an answer to the
following questions on behalf of the
Pendleton School Board:
" ( 1 ) May the school board deal and
negotiate with this Union with regard
to employees?”
" ( 2 ) May the school board estab
lish a 'closed shop* insofar as custodial
service is concerned and require all
employees to become members of and
pay dues to the Union?”
The Attorney General concluded
that: " ( 1 ) A 'closed shop’ in regard
to employment by a school board would
be illegal because not permitted by
statute, and because it would involve
a misuse of public funds; and that (2)
discrimination of the kind suggested
would violate both the constitution of
the State of Oregon and that of the
United States.
The answer is the same to both