Overview

Description: DHS will not contract with its employees - describes exceptions.

Purpose/Rationale: It is the expectation that DHS will not contract with its employees. If contracting does occur, specific exception criteria must be met for the situation to be appropriate. This policy is meant to identify these exceptions.

Applicability: This policy applies to all current DHS employees.

Failure to Comply: Failure to comply with this policy may result in disciplinary action.

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Policy

1. Exceptions may be granted when:
   1. The employee is not full time.
   2. There are no employees available to do the work required.
   3. The contract work is materially different from the duties in the employee's job description and the work he/she is performing for DHS.
   4. The contract work will not be performed during the employee's regular work schedule.
   5. Prior approval of Human Resources is obtained.
   6. The approval of the Assistant Director of the section requesting the contract is obtained.
2. DHS follows standard contract procedures when approving personal services contracts. The standard tests for independent contractor must be met when the contract is written and throughout the contract. See OAR 125-246-0330(2), 125-246-0335(3) and ORS 670.600.
3. DHS will not contract with an employee for work in the section of DHS where he/she normally works.
4. DHS will not contract with an employee who has used his/her position to obtain the contract.

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Procedure(s)

• DHS-060-003-01, DHS Employees as Contractors Procedure

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Form(s)

• None

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Reference(s)

• DHS-060-002, Conflict of Interest Policy
• OAR 125-246-0330(2), State Procurement
• OAR 125-246-0335(3), Authority and Standards for Personal Services Contracts
• ORS 670.600, Independent Contractor defined

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Definition(s)

• See Common Terms for DHS Human Resource policies
• See Common Terms for department-wide support services policies

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Contact

• Name: Lauri Stewart; Phone: 503-945-5844; Email: lauri.k.stewart@state.or.us

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Policy History

• Version 1.0:
  • 07/13/2006 - Administrative Correction: Update policy to current template format and reference to DAS rule and statute numbers that have changed since this DHS policy was initially released.
  • 03/27/2002 - Initial Release

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If you have comments about this site, send email to dhs.policyinfo@state.or.us.

Oregon Department of Human Services
500 Summer St. NE E25, Salem, OR 97301-1098
Phone: (503) 945-5944
Fax: (503) 378-2897
TTY: (503) 947-5330