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HB 2020 & HB 4131 Compliance Implementation
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On April 11, 2012, HB 4131 became law, effective upon Governor Kitzhaber’s signature. HB 4131 amended ORS 291.229 (HB 2020) and established a schedule for reaching an 11 to 1 non-supervisory (staff) to supervisory ratio for subject agencies as well as an exception process for filling supervisory positions.
Agencies subject to HB 4131, that employ more than 100+ budgeted positions and have not attained a ratio of at least 11 to 1 non-supervisory to supervisory budgeted positions* "[m]ay not fill the position of a supervisory employee until the agency has increased the agency’s ratio of employees to supervisory employees so that the ratio is at least one additional employee to supervisory employees; and [s]hall, not later than October 31, 2012, lay off or reclassify the number of supervisory employees necessary to attain the increase in the ratio specified in paragraph (a) of this subsection if the increase in that ratio is not attained under paragraph (a) of this subsection or through attrition." (See HB 4131, Section (1)(a) and (b))
Therefore, effective April 11, 2012, agencies subject to HB 4131 which do not have an 11 to 1 staff to supervisor ratio or have not increased their ratio by at least one during the required reporting period, must have all supervisory positions reviewed for an exception prior to proceeding to fill.
Monthly, the Department of Administrative Services will provide to subject agencies a ratio report of non-supervisory to supervisory budgeted positions. The April 11, 2012 report sets the baseline for agencies’ future reporting and exception requirements.
Agencies who have not increased the staff to supervisor ratio by one (using the April 11, 2012 report) or received an exception from the Department of Administrative Services will be required by October 31, 2012 to lay off or reclassify (if not attained through attrition) the number of supervisory positions necessary to attain the required increase in ratio.
This process will generate many questions. Please see links to the memo explaining the exception process, as well as additional tools related to HB 4131 and ORS 291.229 (HB 2020). For questions regarding the exception process, please contact Twyla Lawson (503) 373-7677 or Susan Hoeye (503) 378-8301. For questions regarding classification of positions(s), please contact Sharon Lamey (503) 373-7431 or Mike Baird (503) 378-3811.
*The formula used to determine staff to supervisor ratio is: Total number of budgeted positions minus number of supervisors divided by the number of supervisors.
Applicable Statutes:
Agency Exception Information:
Agency Span of Control Ratio Report (pdf) - Original report as of 4/11/12
2012-2013 Baseline Ratio Report (pdf)
Additional Related Information:
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