- Alternative Dispute Resolution (ADR)
- Administrative Law
- Labor and Employment
- Online Training (Free)
Public Law Conference
Alternative Dispute Resolution (ADR)
Core Mediation Training - Sept. 23, 24, 25, 30 and Oct. 1, 2014 (36 hours)
Peacefully resolving conflict is a core function of government. This highly interactive, skills-focused training is designed specifically for state agency employees with responsibility for resolving conflicts between two or more parties. The course will use dispute scenarios, dispute resolution protocols, mediator ethical challenges and mediation confidentiality issues relevant to Oregon state agencies. Trainees will have an opportunity to mediate scenarios involving workplace interpersonal disputes, consumer-business disputes (e.g, medical licensee-patient; homeowner-contractor; worker-insurance company, etc) and mediation as the informal disposition of a contested case. Each student will receive a 250 page mediation reference manual. This training meets the requirements of Section 3.2, Basic Mediation Curriculum, for Court Connected Mediators (Chief Justice Order 05-028). Trainers include Andre Allen (Mediator); Michael Baird (Senior HR Consultant DAS); Judy Giers (Deputy Chief Counsel, DOJ); Honorable Susan M. Leeson (Mediator, US District Court); Mary Kearney (Mediator, Employment Relations Board); Sam Hall (Mediator); Mike Niemeyer (DOJ ADR Coordinator); Linda West (Mediator). Click here for Additional Information and to register via 123signup.com. or Click here to register via iLearn.
Convening & Facilitating Collaborative Stakeholder Groups - Oct. 28 & 29, 2014 (2-days)
Oregon state agencies work with over 100 advisory committees involving everything from Geese to Graywater. This interactive workshop is for persons charged with organizing or facilitating a task force, rulemaking committee or advisory group that is seeking a collaborative outcome. We will review basic meeting management and group facilitation concepts and give you an opportunity to practice convening an advisory committee, clarify group agreements and resolve group conflict. We will also look at the theory of group processes and discuss relevant legal issues including rulemaking, public meetings and public records requirements. A reference handbook will be provided with the workshop. This manual includes examples of the operating principles, agendas and evaluations of successful state agency advisory committees. Click here for Additional Information and to register via 123signup.com. or Click here to register via iLearn.
Rule Writing Workshop - Sept. 30, 2014 (3.5 hours)
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. We will 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. This workshop will also include an exercise to demonstrate the blending of hypothetical legal and policy requirements into rule language. Click here for Additional Information and to register via 123signup.com. or Click here to register via iLearn.
Note: There will be a Rule Making Process Training on Wednesday, October 29, 2014. (9am to 3pm)
Rule Making Process Training - October 29, 2014 (5 hours)
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 content of rules, 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. Click here for Additional Information and to register via 123signup.com. or Click here to register via iLearn.
Note: There will be a Rule Writing Workshop on Tuesday, September 30, 2014. (8:30 am to Noon)
Labor and Employment
Social Media in Personnel Investigations - October 14, 2014 (1.5 hours)
Social media can provide a wealth of information relevant to personnel disputes. What can you do to locate the evidence, preserve it, evaluate its reliability, and incorporate it into a factual determination? How can you stay abreast of the changing landscape, with privacy controls and legal terms of service, plus address concerns about the nexus between off-duty and workplace matters. In providing a legal and practical framework guiding how to do it and how not to do it, this training will cover legislation enacted in Oregon’s 2013 session that prohibits employers from requesting or requiring employees or applicants to provide access to their social media accounts and prohibits retaliation by an employer for an individual’s refusal to provide such access. This training is appropriate for HR staff and managers. Click here to register via iLearn.
Effective Supervision - October 23, 2014 (1.5 hours)
Yes, you can FIX it! Techniques for supervisors and HR staff to address performance challenges and provide feedback. Being an effective supervisor requires mastering a number of diverse skills. In this training, you will learn to identify your own management style and how you can use your management style to effectively manage your staff. You will learn what factors motivate and engage employees, and how to set and raise performance standards. We will discuss two different models of providing employee feedback. You will also learn effective techniques for evaluating employee performance and documenting performance issues. We will also discuss how managers and supervisors can work effectively with human resources. This training is appropriate for managers and HR staff. Click here to register via iLearn.
Disability Law - November 4, 2014 (1.5 hours)
The ADA-required Interactive Process: When must the employer engage and exactly what is Reasonable? The employer’s obligations under the Americans with Disabilities Act and parallel Oregon law have become increasingly complex to administer as more individuals assert claims for accommodation or qualify for protections. This training covers the impact of the expanded definition of “disabled”, the reasonable accommodation process, the scope of permissible medical inquiries and sufficiency of information provided, and examples of accommodations the employer may be required to provide. You will also learn how the ADA can impact performance management and the right to discipline, and approaches for addressing performance and conduct issues in the face of ADA engagement. This training will also highlight problem areas where employers have learned expensive lessons, including addressing mental disabilities, making extended leave available, offering a vacant position, and fitness for duty examinations. This training is appropriate for managers and HR staff. Click here to register via iLearn.
Performance Evaluation: Why They are So Important & How to Do Them Well - November 5, 2014 (2.0 hours)
Every supervisor knows the challenge of facing a blank performance evaluation form. Using realistic scenarios this workshop will cover techniques for drafting performance evaluations including:
- what to say (and what NOT to say),
- how to provide candid feedback that is constructive and motivating without sugar-coating, and
- how performance evaluations are used in arbitration and litigation to help and hurt the employer.
This training will be helpful for both line managers and Human Resources staff. Click here to register via iLearn
Disciplinary Documentation - November 18, 2014 (2.5 hours)
Everything from successful performance improvement to prevailing in administrative proceedings, labor arbitration, and/or court depends to a large extent on effective documentation. Because disciplinary or dismissal actions are among the most frequently litigated issues in the workplace, how an agency documents performance problems and ultimately drafts final disciplinary records is not only essential to employee management but also to the strength of the agency’s case when discipline is challenged. This training provides strategies for how managers and HR professionals can work together to ensure that disciplinary documentation, including pre-disciplinary actions, investigative reports, and final disciplinary records help rather than hinder the agency’s efforts to improve employee performance and defend disciplinary actions if litigated. 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 is geared towards Human Resources personnel and managers who work independently or in conjunction with HR on drafting or approving disciplinary letters. Click here to register via iLearn.
Airtight Investigations - December 11, 2014 (2.0 hours)
You can’t make everyone happy with the result of an investigation, but you can avoid conducting a fatally flawed investigation. A well conducted 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. During an investigation, skills covered include questions to ask (and to avoid!), foundational questions and narrative responses, leading questions, refreshing a witness’s recollection, how to distinguish rumor, speculation and hearsay from facts, and use of credibility measures such as testing the accuracy of a witness’s description of events. In wrapping up an investigation, we will cover the basics of report drafting, the difference between factual findings and conclusions, and how the public records laws might apply to investigatory documents. This training is appropriate for managers and HR staff. Click here to register via iLearn
The Foundational Role of “Just Cause” for Personnel Matters and Responding to Requests for Information - December 16, 2014 (2 hours)
There is an increasingly complex web of laws (e.g. discrimination, harassment, whistleblower, retaliation, disability and accommodation) potentially affecting personnel work in the areas of employee behavior or performance. Although knowledge in the legal areas defining the limitations on employer actions and disclosures is important, this training approaches the subject from the perspective of what is permissible employer action in the context of pertinent legal challenges and document requests which can be made. The course is designed to give line managers and HR staff a basis for understanding how to proceed in a manner that is defensible with helpful tips and strategies. Click here to register via iLearn.
Construction Manager/ General Contractor Alternative Contracting Method under SB 254 - Oct. 7, 2014 (3.5 hours)
New statutes and rules will fundamentally change the procurement landscape for public construction contracts. This workshop will explore the “Construction Manager/General Contractor” (CM/GC) method of public contracting, an alternative to the low bid contracting process typically used in public construction projects. The low-bid method, also known as “design-bid-build,” involves the owner hiring an architect to fully design a project down to detailed plans and technical specifications. These plans are prepared for the owner to use. The owner then prepares an invitation to bid on the project, which includes these specifications, then selects the lowest responsive bid to complete the project under the supervision of the architect. In comparison, the CM/GC method involves an earlier collaboration between the owner, architect and construction contractor, the latter of which is hired before the design process is complete and functions as a member of the project team. Used since the early 1980s, the CM/GC process has seen significant growth in use in recent years, particularly for large value projects, those with complex or occupied structures, or structures with historical value.
A work group was convened during the 2011-2012 Legislative interim to consider the ramifications of the rise in use of CM/GC contracting and what, if any, adjustments to statutory requirements should be made to address its rise in prevalence. Senate Bill 254 represents the consensus product of the work group. SB 254 Specifies conditions under which contracting agency may use alternative contracting method to award public improvement contract for construction manager/general contractor services. The bill required the Attorney General to adopt model rules to specify procedures for procuring such services and requires contracting agencies to procure such services in accordance with model rules. This workshop will discuss these new rules, which are effective on July 1, 2014, as well as the practical aspects of CM/GC procurements under this new legal structure. Click here for Additional Information and to register via 123signup.com.
or Click here to register via iLearn.
Other Client Legal Training
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.
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