Chapter 242

NOTES OF DECISIONS

Policy of legislature was to provide for appeal to circuit court only in cases in which civil service commission of county fire district ordered “removal, discharge, demotion or suspension,” and thus order of reprimand of fireman was not appealable. Hendrickson v. Civil Serv. Comm., 275 Or 127, 550 P2d 432 (1976)

LAW REVIEW CITATIONS: 51 OLR 44 (1971)

242.310 to 242.640

NOTES OF DECISIONS

Civil service board has authority over all appointments and promotions within custodial classified civil service, whether filled by employees, subcontractors or volunteers. Walter v. Scherzinger, 339 Or 408, 121 P3d 644 (2005)

242.510

NOTES OF DECISIONS

242.520

NOTES OF DECISIONS

242.550

NOTES OF DECISIONS

Each applicant for employee, subcontractor or volunteer custodial position, whether within or outside of classified civil service, is subject to civil service board determination that applicant is fit for service and does not pose danger to children. Walter v. Scherzinger, 339 Or 408, 121 P3d 644 (2005)

242.702 to 242.824

NOTES OF DECISIONS

Circuit court had no jurisdiction over appeal from decision of board of directors of rural fire district where district’s civil service system did not “substantially accomplish” purposes of Civil Service for Firefighters Act in that board of directors, acting as review board, was not independent and impartial and no civil service commission had been created. Leanord v. Jackson Co. Rural Fire Dist. No. 3, 71 Or App 249, 692 P2d 141 (1984)

Application of Civil Service for Firefighters Act to home rule municipality violates section 2, Article XI of Oregon Constitution. McGee/Gymkowski v. Civil Service Board of the City of Portland, 211 Or App 149, 154 P3d 135 (2007)

ATTY. GEN. OPINIONS: Competition requirements for filling positions in fire protection districts, (1978) Vol 38, p 1790

LAW REVIEW CITATIONS: 51 OLR 53 (1971)

242.796

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)

242.800

NOTES OF DECISIONS

Failure of commission to give fireman a hearing following his dismissal as required by this section constituted a lack of good faith and a denial of due process. Helberg v. Civil Serv. Comm., 10 Or App 62, 498 P2d 789 (1972)

242.804

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