The following courses are available for registration through the Oregon iLearn system.
Questions? Contact Molly Manos at Molly.Manos@doj.state.or.us.
ADR & Public Involvement Related Workshops
Core Mediation Training – October 19, 20, 21, 27 and 28, 2016. This 36 hour, skills-focused workshop meets the requirements for Oregon Court Connected Mediators and is appropriate for any state employee seeking to improve their conflict management skills. The course will use dispute scenarios, mediator ethical challenges and confidentiality issues relevant to Oregon state agencies. Trainees will have an opportunity to practice mediation of a workplace interpersonal dispute, a consumer-business dispute (in which the agency staff are mediators); and mediation as the informal disposition of a contested case.
Public Meetings – October 13, 2016. This workshop is suitable for state agency employees who are looking for a good overview of the public meetings law. In addition, the workshop will cover some advanced topics that have been troublesome or confusing for public bodies. After a brief review of basic Public Meetings law we will discuss quorum requirements, decisions by consensus, public participation in public meetings, and relevant new policies, laws and court opinions. We will also discuss public meetings implications of electronic communications and social media use by governing bodies.
Public Records – October 6, 2016. The Public Records Law grants the public a broad right to examine records created, maintained, cared for or controlled by public bodies, except as otherwise expressly provided by ORS 192.501 to 192.505. This training will provide an overview of Oregon's Public Records Law including the types of records that are subject to and exempt from public inspection under the Records Law. For more experienced state employees, the workshop will also include a public records request exercise and an opportunity for you to ask your Public Records related questions.
Rule Writing – October 12, 2016. This workshop will help you gain greater competency in the important and challenging skill of rule writing. This training concentrates on the science, and the art, of rule drafting. The morning session will include an interactive session to demonstrate the blending of hypothetical legal and policy requirements into rule language. We will also review the purpose and goals of administrative rules, the meaning of "plain language," statutory requirements for rule clarity and simplicity, and the writing of legally defensible rules. The afternoon session will be devoted to hands-on drafting of portions of a rule based on a real-world statute, genuine legislative history and actual policy direction. The session will end with a critique of the draft rules and their comparison with the actual rules that were adopted by the agency.
Rule Writing – October 20, 2016. This workshop will help you gain greater competency in the important and challenging skill of rule writing. This training concentrates on the science, and the art, of rule drafting. The morning session will include an interactive session to demonstrate the blending of hypothetical legal and policy requirements into rule language. We will also review the purpose and goals of administrative rules, the meaning of "plain language," statutory requirements for rule clarity and simplicity, and the writing of legally defensible rules. The afternoon session will be devoted to hands-on drafting of portions of a rule based on a real-world statute, genuine legislative history and actual policy direction. The session will end with a critique of the draft rules and their comparison with the actual rules that were adopted by the agency.
Rulemaking Process – October 20, 2016. If you manage the technical aspects of rule adoption and amendment, or if you work with advisory committees, stakeholders, agency staff or others concerned with the rulemaking process, this training is for you. The training will include the basis for rulemaking, when rulemaking is required and when it is not, changes to the administrative rules process, information on advisory committees and fiscal impacts statements, notice requirements, administrative filing requirements, scheduling and conduct of hearings, and more. This training is designed for agency rule coordinators and for anyone involved in the rulemaking process. Also, there will be a demonstration of the Secretary of State’s new e-filing system. This training is a collaborative effort of the Department of Justice and the Office of the Secretary of State.
Employment Related Training
(You must be an HR professional or Manager to attend the following workshops.)
Drafting Discipline Documents – October 5th, 2016. All the hard work involved in a personnel review often comes down to this written record. The discipline letter is a document the employer must "live with" and defend during a grievance or internal process and ultimately a hearing or arbitration. Once delivered, it cannot be changed unless the action is rescinded and the letter reissued. This training integrates the legal requirements with practical aspects for producing an effective document. The immediate and long term consequences flowing from its substantive content or omissions from the document will be explained. Everything from formatting and organization to word choice will be covered with examples and handouts for future reference provided. This course presents the curriculum covered at the Public Law Conference in 2015, with some expanded discussion on select topics. It is geared towards Human Resources personnel and managers who work independently or in conjunction with HR on drafting or approving disciplinary letters.
Arbitration Deconstructed: How to Plan for a Winning Case – October 4th, 2016. This interactive workshop is designed to assist managers in evaluating and imposing discipline with a focus on sustaining that discipline in grievance arbitration. We will study excerpts from actual arbitration decisions that present proof and evidence issues. We will examine and discuss issues from recent hearings, including how arbitrators make credibility determinations when witnesses’ testimony is in conflict, how arbitrators examine and weigh evidence about comparator employees and past discipline, the level and type of proof necessary to establish past practice, and how arbitrators respond to “holes” in the employer’s case. The objective of this workshop is to help you analyze proposed discipline and discipline being grieved against the backdrop of actual arbitration cases. The content is directed towards Human Resources personnel who are interested in learning about how disciplinary actions are assessed by arbitrators and managers who make decisions that may be challenged through the grievance process.
Americans With Disabilities Act – October 25th, 2016. The employer’s obligations under the ADA and state law have become increasingly challenging as more individuals now qualify and may assert claims for accommodation. This course contains two focus areas. First, reasonable accommodation scenarios and second, enforcing conduct rules and expectations. This course presents the curriculum covered at the Public Law Conference in 2015, with some expanded discussion in the identified focus areas. This course is geared towards HR personnel and managers who work independently or in conjunction with HR during the accommodation process.
Veterans' Preference – October 11th, 2016. Whether you’re a first-time hiring manager new to the requirements of veteran’s preference laws or a seasoned HR professional trying to help others make sense of these laws, this training will give you a foundation in the law and practical skills for handling veteran’s preference issues in hiring. Department of Justice attorneys specializing in employment laws utilize an interactive training model focused on practical skills for applying veteran's preference in hiring and promotion. The curriculum is designed on a continuum from identifying basic legal requirements to guidance from the Bureau of Labor and Industries. The interactive training model utilizes case examples with the opportunity to ask technical questions. Attendees will leave with training materials identifying applicable statutes and rules and the practical skills for applying veteran's preference in public employment.
Whistleblowing and Retaliation – November 2, 2016. Learn to identify the common features of whistle blowing (or claimed whistle blowing) behavior by employees. What are the fundamentals of whistleblowing and retaliation claims? What is “protected activity”? How can HR and management address serial claims? What can an employer do to be proactive? The session will present and work through factual scenarios to demonstrate legal concepts and employer defenses. This course is geared towards Human Resources personnel and managers who have supervisory duties.
Conducting Investigations – November 9, 2016. A competent investigation is among an employer’s best protections when responding to workplace complaints and assessing potential discipline. This training will cover the lifecycle of an investigation. You will learn techniques for getting started, including defining scope, identifying witnesses and documents, and when to consider giving Weingarten and Garrity warnings. Both Supervisors and HR personnel are regularly involved in the interview process. While gathering facts, fact-finders are often faced with memory and credibility issues. This training covers both "advance preparation" and the thinking-on-your-feet necessary for interview work. Forms for preparing questions in advance, tools for handling "memory challenged" or "evasive" interviewees, and how to approach credibility and truthfulness issues are discussed. In addition, tips for approaching the forgetful witness, addressing an angry or emotional witness, dealing with representatives appearing on the individual's behalf, and resolving potentially related criminal law issues are covered. This course presents the curriculum covered at the Public Law Conference in 2015, with some expanded discussion on select subjects. The content is directed towards Human Resources personnel and managers who work in conjunction with HR or independently assess workplace issues.
Social Media in the Workplace Updates – November 16, 2016. What are the limits on using information from social networking sites in personnel investigations? What can you do to track down information from social networking sites, preserve it, evaluate its reliability and incorporate it into factual findings? This course will provide a legal framework for identifying pitfalls and avoiding them along with reviewing cases demonstrating the social media missteps by employees and employers. The nexus between off-duty social network activity and the workplace will be covered along with consideration of employee privacy interests. This course presents the curriculum covered at the Public Law Conference in 2015, with some updated case law and expanded discussion on select topics. This training is aimed at any HR professional or supervisor seeking understanding of the legal framework and practical guidance on social media in the workplace
In addition to these workshops the Department of Justice provides training on a variety of topics in response to requests from our client agencies. If your agency is interested in receiving legal training you are encouraged to contact your agency's assigned counsel or use the form at Training Suggestions & Comments Form to make a request.
Client Legal Training - Detailed Payment Instructions