ORS 242.796
Grounds for dismissal, demotion, suspension or deprivation of special privileges


(1)

The tenure of persons subject to civil service shall continue during good behavior and such persons may be dismissed, demoted, suspended without pay or deprived of special privileges only for the following causes:

(a)

Incompetency, inefficiency or inattention to or dereliction of duty.

(b)

Dishonesty, intemperance, addiction to drugs or controlled substances, immoral conduct, insubordination or discourteous treatment of the public or of fellow employees.

(c)

Any other willful failure of good conduct tending to injure the public service.

(d)

Any willful violation of the provisions of ORS 242.702 (Definitions for ORS 242.702 to 242.824) to 242.824 (Contribution to political or religious funds or performance of political service) or the rules or regulations adopted under ORS 242.702 (Definitions for ORS 242.702 to 242.824) to 242.824 (Contribution to political or religious funds or performance of political service).

(e)

Conviction of a felony or a misdemeanor involving moral turpitude.

(f)

The willful giving of false information or withholding information, with intent to deceive, when making application for entrance.

(2)

No person shall be dismissed, demoted, suspended without pay or deprived of special privileges for political, racial or religious reasons. [1959 c.252 §36; 1979 c.744 §12; 1997 c.359 §3]

Source: Section 242.796 — Grounds for dismissal, demotion, suspension or deprivation of special privileges, https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html.

Notes of Decisions

Right to be terminated only for cause is vouchsafed only to permanent employes; this section does not grant property interest and, therefore, due process rights to probationary firefighters. Trivoli v. Multnomah Co. Rural Fire Protection Dist. No. 10, 74 Or App 550, 703 P2d 285 (1985)

242.050
Civil service for employees of certain districts after annexation
242.310
Short title
242.320
Definitions for ORS 242.310 to 242.640
242.330
Civil service board
242.340
Qualifications of commissioners
242.350
Terms and compensation of commissioners
242.360
Removal and vacancies
242.370
Secretary
242.380
Offices and clerical help
242.390
Rules
242.400
Annual report
242.410
Records preserved
242.420
Investigations
242.510
Classified service
242.520
Merit system to be observed
242.530
Competitive examinations
242.540
Character of examinations
242.550
Evidence of fitness for appointment
242.560
Register of eligible candidates
242.570
Certification of candidates for vacancies
242.580
Probation
242.590
Permanent appointments
242.600
Emergency appointments
242.610
Suspension
242.620
Dismissal
242.630
Investigation
242.635
Board approval necessary for eligibility after dismissal
242.640
Prohibited conduct
242.702
Definitions for ORS 242.702 to 242.824
242.704
Political subdivisions and positions to which ORS 242.702 to 242.824 apply
242.706
Civil service commission
242.708
Qualifications of commissioners
242.710
Removal of commissioners
242.712
Chairperson of commission
242.714
Preparation of budget
242.716
Chief examiner and secretary of commission
242.718
Offices and clerical help for commission
242.720
Officers of political subdivision to assist commission
242.722
Preservation of records and examinations
242.724
Rules of commission
242.726
Investigation by commission of abuses
242.728
Administering oaths
242.730
Witness fees
242.732
Procedure in hearings before commission
242.734
Action to secure compliance with ORS 242.702 to 242.824
242.736
Commission certification of payroll required
242.738
Payments to persons not certified by commission prohibited
242.752
Basis of appointment and promotion
242.754
Classification of positions
242.756
Effect on incumbent when position first becomes subject to civil service
242.758
Examinations
242.760
Qualifications for admission to examination
242.762
Promotional examinations
242.764
Entrance and promotion register
242.766
Appointment or rejection of certified candidates by appointing power
242.768
Permanent and temporary appointments
242.770
Vacancies
242.772
Report of appointing power to commission
242.774
Civil service roster
242.792
Leave of absence
242.794
Transfer or reinstatement
242.796
Grounds for dismissal, demotion, suspension or deprivation of special privileges
242.798
Dismissal, demotion, suspension or deprivation of special privileges only for cause
242.800
Investigation and hearing upon demand of accused
242.802
Findings of commission
242.804
Appeal from finding of commission
242.822
Prohibited conduct generally
242.824
Contribution to political or religious funds or performance of political service
242.990
Penalties
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