1. (1) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the law enforcement officer engaged in misconduct by unlawfully using a controlled substance while on duty.

   1. (a) The presumptive sanction shall be termination.
   2. (b) The mitigated sanctions shall include suspension without pay, a salary reduction, or demotion.

2. (2) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the law enforcement officer engaged in misconduct by being impaired to a noticeable or perceptible degree due to the consumption of an alcoholic beverage while reporting to duty or while on duty.

   1. (a) The presumptive sanction shall be termination.
   2. (b) The mitigated sanctions shall be suspension without pay, a salary reduction, demotion, or written reprimand.
3. (3) For the purposes of this rule, “being impaired to a noticeable and perceptible degree” includes having a BAC greater than 0.02.

Statutory/Other Authority

ORS 243.812

Statutes/Other Implemented

ORS 243.812

History

CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022