2021 Oregon Revised Statutes
Chapter 242 - Civil Service for City or School District Employees and Firefighters
Section 242.766 - Appointment or rejection of certified candidates by appointing power; probation; discharge; demotion.


(2) If the rejection of the appointing power is approved by the commission, the commission shall immediately certify to the appointing power the name and address of the next eligible candidate standing highest upon the register for the classification and grade to which the position belongs, and return the name of the rejected candidate to the same position on the eligible register from which the candidate was certified. The appointing power and the commission shall proceed in this manner for all rejected candidates until a qualified candidate is found for the vacant position.
(3) If the rejection of the appointing power is not approved by the commission, the commission shall immediately notify the appointing power, in writing, that the reasons for rejection of the certified candidate or candidates are not sufficient for rejection, and upon receipt of this notice from the commission, the appointing power shall immediately appoint the certified candidate in question to the position for which the candidate was originally certified.
(4) If the person on probation is a new appointee, the appointing power may discharge that person without regard to ORS 242.798 to 242.804 and in a like manner appoint another certified candidate and so continue until a qualified candidate has been found.
(5) If the person on probation has been promoted, the appointing power may demote such person only for cause specified in ORS 242.796, and in the manner provided in ORS 242.798 to 242.804. If the reasons for such demotion are deemed insufficient by the commission, the demoted candidate shall, notwithstanding such demotion, be restored to the promoted position upon such conditions or terms as may be imposed by the commission.
(6) If a person who has taken a promotional examination and been appointed to a position in a higher classification or grade on probation, fails to qualify for the position in the higher classification or grade within the probationary period, the person shall not lose seniority in the lower classification or grade from which such promotion was made, but shall return to employment and be reinstated in the position held in such lower classification or grade. [1959 c.252 ยง32]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 06 - Local Government, Public Employees, Elections

Chapter 242 - Civil Service for City or School District Employees and Firefighters

Section 242.320 - Definitions for ORS 242.310 to 242.640.

Section 242.330 - Civil service board.

Section 242.340 - Qualifications of commissioners.

Section 242.350 - Terms and compensation of commissioners.

Section 242.360 - Removal and vacancies.

Section 242.520 - Merit system to be observed.

Section 242.560 - Register of eligible candidates; ranking; rules.

Section 242.570 - Certification of candidates for vacancies; rules.

Section 242.590 - Permanent appointments.

Section 242.630 - Investigation; findings; appeal.

Section 242.640 - Prohibited conduct.

Section 242.702 - Definitions for ORS 242.702 to 242.824.

Section 242.704 - Political subdivisions and positions to which ORS 242.702 to 242.824 apply.

Section 242.706 - Civil service commission; members; term of office; compensation.

Section 242.712 - Chairperson of commission; meetings; quorum.

Section 242.714 - Preparation of budget; appropriations.

Section 242.716 - Chief examiner and secretary of commission.

Section 242.718 - Offices and clerical help for commission.

Section 242.720 - Officers of political subdivision to assist commission.

Section 242.722 - Preservation of records and examinations; public records.

Section 242.724 - Rules of commission; examinations.

Section 242.726 - Investigation by commission of abuses; report of investigation.

Section 242.728 - Administering oaths; compelling attendance of witnesses and production of documents; depositions of witnesses.

Section 242.732 - Procedure in hearings before commission; rules of evidence.

Section 242.736 - Commission certification of payroll required.

Section 242.738 - Payments to persons not certified by commission prohibited.

Section 242.752 - Basis of appointment and promotion; creation of positions; fixing compensation.

Section 242.754 - Classification of positions.

Section 242.756 - Effect on incumbent when position first becomes subject to civil service.

Section 242.758 - Examinations.

Section 242.762 - Promotional examinations.

Section 242.764 - Entrance and promotion register.

Section 242.766 - Appointment or rejection of certified candidates by appointing power; probation; discharge; demotion.

Section 242.768 - Permanent and temporary appointments; rules.

Section 242.770 - Vacancies.

Section 242.772 - Report of appointing power to commission.

Section 242.794 - Transfer or reinstatement.

Section 242.796 - Grounds for dismissal, demotion, suspension or deprivation of special privileges.

Section 242.804 - Appeal from finding of commission; issue on appeal limited.

Section 242.822 - Prohibited conduct generally.

Section 242.990 - Penalties.