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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 20 COUNTIES AND COUNTY OFFICERS
Chapter : Chapter 204 County Officers
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The following county officers
shall be elected at the primary election or general election, as provided
in ORS 249.088:
(1) A sheriff.
(2) A county clerk.
(3) A county assessor.
(4) A county treasurer.
(5) A county surveyor.
(6) A county commissioner to succeed any commissioner whose term of
office expires the following January.
(7) In any county where there is a vacancy from any cause in the
office of county commissioner, an additional commissioner to fill the
vacancy. [Subsection (2) enacted as 1953 c.477 §2; subsection (3) enacted
as 1959 c.174 §3; 1959 c.628 §1; 1961 c.571 §3; subsection (4) enacted as
1963 c.386 §2; 1965 c.221 §21; 1969 c.532 §3; 1971 c.88 §4; 1983 c.327
§4; 2005 c.797 §29] (1) Except as provided
in subsection (2) of this section, the term of office of each officer
mentioned in ORS 204.005 is four years.
(2) When two or more county commissioners are elected for one
county at a general election and one of them is elected to fill a
vacancy, as provided in ORS 204.005 (7), one of them shall hold office
for two years and the others four years. [Amended by 1983 c.327 §13; 1983
c.350 §16; 2005 c.797 §59] (1)
In each county that has a board of county commissioners, each office of
county commissioner shall be designated by number as Position No. 1,
Position No. 2 or Position No. 3.
(2) After September 2, 1963, in every county having a board of
county commissioners, or when a board of county commissioners is
established in any county, the county clerk shall assign a position
number to each office on the board of county commissioners. The number so
assigned shall be certified by the county clerk to the commissioner in
office holding that position. One copy of the certification shall be sent
to the Secretary of State, and one copy shall be filed in the office of
the county clerk. [1963 c.329 §1](1) A person is not eligible to
any office listed in ORS 204.005 unless the person is a citizen of the
United States, an elector under the Oregon Constitution and a resident of
the county wherein the person is elected for the period of one year next
preceding election, except that in counties of less than 25,000
population the requirement of residency in the county wherein the person
is elected does not apply to the county surveyor.
(2) A person is not eligible to be a candidate for election or
appointment to the office of county surveyor unless registered under the
laws of this state as a registered professional land surveyor.
(3) A person is not eligible to be a candidate for election or
appointment to the office of county assessor unless:
(a) The person has qualified as a registered appraiser or is an
appraiser trainee under ORS 308.015 and if an appraiser trainee,
notwithstanding ORS 308.015, becomes a registered appraiser within two
years after taking office; and
(b) The person either has two years of office and accounting
experience, including experience in office management activities, or has
two years of full-time employment in the office of a county assessor.
(4) The Department of Revenue shall prepare applications and
questionnaires, and obtain information it may deem necessary to determine
that a candidate for the office of county assessor has met the
requirements of this section, and shall furnish to applicants suitable
certificates evidencing satisfactory compliance with the required
qualifications. [1957 c.555 §2 (enacted in lieu of 204.015); 1973 c.538
§1; 1975 c.780 §18; 1981 c.113 §1; 1983 c.327 §14; 1983 c.659 §1; 1993
c.270 §2; 2003 c.345 §1; 2005 c.22 §154] (1)
In all proceedings for the nomination or election of candidates for or to
the office of county commissioner in each county having a board of county
commissioners, every petition for nomination, declaration of candidacy,
certificate of nomination or election, ballot or other document used in
connection with the nomination or election shall state the position
number of the office to which the candidate aspires, and the name of the
candidate shall appear on the ballot only for the designated position.
(2) Each elector shall have the right to vote for only one
candidate for each position on the board, and the candidate for each
position receiving the highest number of votes for such position shall be
considered nominated or elected, as the case may be. [1963 c.329 §2](1) The term of office of each officer
mentioned in ORS 204.005 shall commence on the first Monday of January
next following election to office.
(2) Before entering upon any office listed in ORS 204.005, the
person elected must qualify by filing with the county clerk of the county
in which the person is elected the person’s certificate of election, with
an oath of office indorsed thereon, and subscribed by the elected person,
to the effect that the person will support the Constitution of the United
States and of this state, and faithfully carry out the office being
assumed. The person shall also give and file the undertaking provided for
under subsection (3) of this section.
(3) A county governing body may require, by ordinance, for the
filing by each officer under ORS 204.005, prior to that officer assuming
office, of an official undertaking with such surety as the governing body
determines necessary or of an irrevocable letter of credit issued by an
insured institution, as defined in ORS 706.008, in either case in a
reasonable amount with the county governing body. [Amended by 1981 c.41
§1; 1983 c.327 §15; 1991 c.331 §46; 1997 c.631 §426] Whenever because of
illness or injury an elected county judge is incapacitated and unable to
perform the duties of office, and such facts are made to appear by the
affidavit of one or more physicians, licensed to practice in this state,
filed in the office of the Secretary of State, the Governor shall appoint
some competent and qualified person county judge pro tem, who shall serve
until the termination of the incapacity of the elected county judge has
been evidenced in the same manner as the incapacity was originally
evidenced, or until the expiration of the term of office, whichever shall
first occur, or until the appointment may be revoked for cause by the
Governor. Such appointment shall not vacate the office of the elected
county judge nor discontinue the salary of the elected county judge. Before entering upon the performance
of the duties of county judge pro tem, the appointee shall subscribe and
file in the office of the county clerk the same oath of office required
of an elected county judge. A county judge pro tem shall
receive from the county compensation for services at the same rate and in
the same manner as the elected county judge.COMPENSATION OF COUNTY OFFICERS, DEPUTIES AND OTHER EMPLOYEES(1) Each county governing body shall appoint a county
compensation board. A county compensation board shall consist of from
three to five members, who are knowledgeable in personnel and
compensation management.
(2) The county compensation board shall annually recommend a
compensation schedule for the county elective officers mentioned in ORS
204.005.
(3) The county compensation board shall annually review the
compensation paid to persons comparably employed by the State of Oregon,
local public bodies and private businesses within a labor market deemed
appropriate by the board for each elective officer. The county
compensation board shall take into account such factors as the number of
employees supervised and the size of the budget administered by each
elective officer, the duties and responsibilities of each elective
officer, and the compensation paid to subordinates and other appointed
employees who serve in positions of comparable management responsibility.
The county compensation board shall prepare and approve by majority vote
a recommended compensation schedule for the elective officers and shall
submit the recommended compensation schedule to the county governing body.
(4) Notwithstanding subsections (1) to (3) of this section, the
sheriff’s salary shall be fixed in an amount which is not less than that
for any member of the sheriff’s department. [1989 c.941 §1](1) Except as
otherwise provided by law, the governing body of each county shall fix
the compensation of its own members and of every other county officer,
deputy and employee when the compensation of such individuals is paid
from county funds.
(2) Any commission, fees or other moneys received by a county
officer, deputy or employee for services rendered in the course of that
individual’s office or employment shall not be allowed to or retained by
that individual, but shall promptly be paid into the county treasury
except:
(a) For compensation fixed under subsection (1) of this section;
(b) As otherwise determined by the governing body of the county; or
(c) As otherwise provided by ORS 106.120 or 205.320 (6). [1981 c.48
§2; 1997 c.253 §2; 1997 c.424 §2; 1999 c.776 §4; 2001 c.501 §8]It is the
intent of the Legislative Assembly that no provision of ORS 204.112,
204.116, 204.126 or 204.601 shall supersede any provision of the county
civil service law, and when any conflict arises between any provision of
ORS 204.112, 204.116, 204.126 or 204.601 and any provision of the county
civil service law, then the county civil service law shall prevail. [1953
c.306 §10; 1981 c.48 §4; 1989 c.941 §2] (1) The
compensation of any elective county officer shall remain in effect unless
changed with the approval of the county budget committee or tax
supervising and conservation commission.
(2) Before any change in the compensation of an elective county
officer is effective, it must be submitted to and approved by the county
budget committee or tax supervising and conservation commission at a
regular meeting or at a special meeting called for that purpose. [1981
c.48 §3]DEPUTIES AND OTHER EMPLOYEES (1)
The county court or board of county commissioners of each county shall
fix the number of deputies and employees of county officers whose
compensation is to be paid from county funds.
(2) All such deputies and employees shall be appointed by such
county officer, and shall hold office during the pleasure of the
appointing officer. [1953 c.306 §9](1) A sheriff’s
deputies shall be appointed by the sheriff in writing and continue during
the pleasure of the sheriff. The sheriff of any county may appoint
deputies in the county for the purpose only, and with authority only, to
receive and serve summons and civil process in any suit or action. A
certified copy of the appointment of a deputy sheriff shall be filed with
the county clerk, and the person appointed shall, before entering upon
the duties of the office, take and file with the county clerk the oath of
office.
(2) A sheriff may also, by special written appointment, authorize
any other person to do any particular act. A certified copy of such
appointment shall be filed with the county clerk, unless indorsed upon
the process, order or other paper so authorized to be served or executed.
(3) A deputy has the power to perform any act or duty that the
principal has, and a person specially appointed to do a particular act
has the same power in relation to the particular act authorized. The
principal is responsible for the conduct of such deputy or person
specially appointed except as provided in subsection (4) of this section.
(4) In counties having a civil service system covering deputy
sheriffs, the sheriff shall not be responsible for the conduct of deputy
sheriffs or persons specially appointed as provided in subsection (2) of
this section. [Amended by 1963 c.331 §12]
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