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Span of Control Compliance Implementation


On August 14, 2013, Governor Kitzhaber signed HB 3165 into law.  HB 3165 amends ORS 291.229 (repeals HB 2020 and amends HB 4131) and establishes criteria  to grant exceptions to fill supervisory positions, grant exceptions to positions from specific portions of an agency, allows the Director to take into consideration personnel who are seasonal, part-time or not employees of the agency or consider an agency’s unique personnel need. 

We have updated the Application for Exception form and the FAQs.  The Application for Exception, FAQs and other relevant information can be found at the links below.

HB 3165 also includes an additional step for DAS prior to granting an approval to an application.  DAS must notify the appropriate collective bargaining agent, if applicable, not later than five business days prior to granting an application for exception. 

Monthly the Department of Administrative Services will post the ratio report on the website.  On November 1st of every year, DAS will run the baseline report for that reporting year.   Agencies that do not increase their ratio by one (using the November 1 baseline report) by October 31 of every year will be required to layoff or reclassify (if not attained through attrition or DUOBS exception) the number of supervisory positions necessary to attain the required ratio increase.

This process will generate many questions.   The links below contain FAQs and tools to assist agencies on locating answers to those questions.  Should you have additional questions or need assistance, please feel free to contact Susan Hoeye at 503-378-8301 or Twyla Lawson at 503-373-7677.  If you have questions regarding classification of position(s), please contact Mark Rasmussen at 503-378-6764.

Applicable Statutes:   

HB 3165

ORS 291.229
ORS 291.231


Legislative Reports:

2012 Report

Agency Exception Information: 

Agency Span of Control Ratio Report (pdf) - Original report as of 4/11/12

2012-2013 Baseline Ratio Report (pdf)

2013-2014 Baseline Ratio Report (pdf)

2014-2015 Baseline Ratio Report (pdf)

Agency Span of Control Ratio Report (pdf) - As of 6/1/15
Application for Agency Exception (pdf)
Exception Requests to HB 4131 Memo (pdf)
Frequently Asked Questions (pdf)
Additional Related Information:
FLSA Designation Overview Management Service Checklist (pdf)
FLSA Guide