ORS 242.804
Appeal from finding of commission

  • issue on appeal limited

(1)

Any decision of the commission affecting any permanent employee or employees subject to 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) may be appealed to the circuit court of the county in which the office of the appointing power or the commission is located, and the court shall hear the appeal.

(2)

The appeal, if taken by either an employee or by the appointing power, shall be taken by serving upon the commission, within 30 days after the date of the entry of such judgment or order, a written notice of appeal stating the grounds thereof and demanding that a certified transcript of the record and of all papers on file in the office of the commission affecting or relating to such judgment or order be filed by the commission with the court. The commission shall, within 10 days after the filing of such notice, make, certify and file such transcript with the court.

(3)

The circuit court shall hear and determine such appeal in a summary manner. The hearing shall be confined to the determination of whether the order of removal, discharge, demotion or suspension made by the commission was made in good faith for cause. No appeal to such court shall be heard except upon such grounds.

(4)

If an appeal is taken the prevailing party shall be allowed costs and disbursements on appeal. [1959 c.252 §40; 1965 c.296 §1]

Source: Section 242.804 — Appeal from finding of commission; issue on appeal limited, https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html.

Notes of Decisions

A home rule city has no power to expand the jurisdiction of a circuit court to include de novo review of dismissal under this section. Lines v. City of Milwaukie, 15 Or App 280, 515 P2d 938 (1973)

An appeal from any Civil Service Commission order is permitted by either party for the purpose of deciding whether the commission had the statutory authority to act. Wied v. Marion County, 275 Or 711, 552 P2d 1294 (1976)

Employers have the right to appeal Civil Service Commission determinations when the Commission gives a final decision on the merits of removal, discharge, demotion or suspension. Wied v. Marion County, 275 Or 711, 552 P2d 1294 (1976)

Plaintiff became permanent employe under this section where notice of discharge was given less than ten days before end of probationary period and district rule required notice ten days before termination becomes effective. Boles v. Washington County Fire District No. 1, 76 Or App 248, 708 P2d 1198 (1985), Sup Ct review denied

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
Green check means up to date. Up to date

Current through early 2024

§ 242.804’s source at oregon​.gov