ORS Chapter 204 - Oregon Statutes

Chapter 204 — CountyOfficers

 

2009 EDITION

 

 

COUNTYOFFICERS

 

COUNTIESAND COUNTY OFFICERS

 

ELECTIONOF COUNTY OFFICERS; COUNTY JUDGE PRO TEM

 

204.005     Electionor appointment of county officers

 

204.010     Termsof office of county officers

 

204.013     Numberedpositions for office of county commissioner

 

204.016     Qualificationsfor county offices generally; additional qualifications for surveyor andassessor

 

204.017     Electionof county commissioners by numbered position

 

204.020     Whenterms of office commence; filing certificate of election, oath and undertaking

 

204.065     Appointmentof county judge pro tem

 

204.070     Oathof judge pro tem

 

204.075     Compensationof judge pro tem

 

COMPENSATIONOF COUNTY OFFICERS, DEPUTIES AND OTHER EMPLOYEES

 

204.112     Countycompensation board; members; compensation review and recommendations

 

204.116     Compensationof county officers, deputies and employees to be fixed by county governingbody; disposition of fees

 

204.121     Compensationand appointment of officers, deputies and employees in counties subject tocounty civil service law

 

204.126     Changein compensation of elective officers

 

DEPUTIESAND OTHER EMPLOYEES

 

204.601     Numberand appointment of deputies and other employees

 

204.635     Deputiesof sheriff; special appointments; authority of deputy; liability of sheriff forcertain deputies

 

ELECTIONOF COUNTY OFFICERS; COUNTY JUDGE PRO TEM

 

      204.005Election or appointment of county officers. (1) The following countyofficers shall be elected at the primary election or general election, asprovided in ORS 249.088:

      (a)A sheriff.

      (b)A county clerk.

      (c)A county assessor.

      (d)A county treasurer.

      (e)A county commissioner to succeed any commissioner whose term of office expiresthe following January.

      (f)In any county where there is a vacancy from any cause in the office of countycommissioner, an additional commissioner to fill the vacancy.

      (2)Unless an adopted county charter or a county ordinance provides otherwise, thegoverning body of a county shall appoint a county surveyor. [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; 1969c.532 §3; 1971 c.88 §4; 1983 c.327 §4; 2005 c.797 §29; 2009 c.491 §1]

 

      Note: Section 8,chapter 491, Oregon Laws 2009, provides:

      Sec.8.The amendments to ORS 204.005 by section 1 of this 2009 Act apply to a vacancyin the office of county surveyor that occurs on or after January 1, 2010. [2009c.491 §8]

 

      204.010Terms of office of county officers. (1) Except as provided in subsection(2) of this section, the term of office of each officer mentioned in ORS204.005 is four years.

      (2)When two or more county commissioners are elected for one county at a generalelection and one of them is elected to fill a vacancy, as provided in ORS204.005 (1)(f), one of them shall hold office for two years and the others fouryears. [Amended by 1983 c.327 §13; 1983 c.350 §16; 2005 c.797 §59; 2009 c.491 §3]

 

      204.013Numbered positions for office of county commissioner. (1) In eachcounty that has a board of county commissioners, each office of countycommissioner shall be designated by number as Position No. 1, Position No. 2 orPosition No. 3.

      (2)After September 2, 1963, in every county having a board of countycommissioners, or when a board of county commissioners is established in anycounty, the county clerk shall assign a position number to each office on theboard of county commissioners. The number so assigned shall be certified by thecounty clerk to the commissioner in office holding that position. One copy ofthe certification shall be sent to the Secretary of State, and one copy shallbe filed in the office of the county clerk. [1963 c.329 §1]

 

      204.015 [Repealed by1957 c.555 §1 (204.016 enacted in lieu of 204.015)]

 

      204.016Qualifications for county offices generally; additional qualifications forsurveyor and assessor. (1) A person is not eligible to serve in any officelisted in ORS 204.005 unless the person is a citizen of the United States andan elector under the Oregon Constitution.

      (2)A person is not eligible to serve in any elective office listed in ORS 204.005unless the person meets the requirements of subsection (1) of this section andin addition is a resident of the county in which the person is elected for theperiod of one year preceding the next election.

      (3)A person is not eligible to be a candidate for election or appointment to theoffice of county surveyor unless registered under the laws of this state as aregistered professional land surveyor.

      (4)A person is not eligible to be a candidate for election or appointment to theoffice of county assessor unless:

      (a)The person has qualified as a registered appraiser or is an appraiser traineeunder 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, includingexperience in office management activities, or has two years of full-timeemployment in the office of a county assessor.

      (5)The Department of Revenue shall prepare applications and questionnaires, andobtain information it may deem necessary to determine that a candidate for theoffice of county assessor has met the requirements of subsection (4) of thissection, and shall furnish to applicants suitable certificates evidencingsatisfactory 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;2009 c.491 §2]

 

      204.017Election of county commissioners by numbered position. (1) In allproceedings for the nomination or election of candidates for or to the officeof county commissioner in each county having a board of county commissioners,every petition for nomination, declaration of candidacy, certificate ofnomination or election, ballot or other document used in connection with thenomination or election shall state the position number of the office to whichthe candidate aspires, and the name of the candidate shall appear on the ballotonly for the designated position.

      (2)Each elector shall have the right to vote for only one candidate for eachposition on the board, and the candidate for each position receiving thehighest number of votes for such position shall be considered nominated orelected, as the case may be. [1963 c.329 §2]

 

      204.020When terms of office commence; filing certificate of election, oath andundertaking.(1) The term of office of each officer elected pursuant to ORS 204.005commences on the first Monday of January next following election to office.

      (2)Before entering upon any elective office listed in ORS 204.005, the person electedmust qualify by filing with the county clerk of the county in which the personis elected the person’s certificate of election, with an oath of officeindorsed thereon, and subscribed by the elected person, to the effect that theperson will support the Constitution of the United States and of this state,and faithfully carry out the office being assumed. The person shall also giveand file the undertaking provided for under subsection (3) of this section.

      (3)A county governing body may require, by ordinance, for the filing by eachofficer under ORS 204.005, prior to that officer assuming office, of anofficial undertaking with such surety as the governing body determinesnecessary 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 thecounty governing body. [Amended by 1981 c.41 §1; 1983 c.327 §15; 1991 c.331 §46;1997 c.631 §426; 2009 c.491 §4]

 

      204.025 [Repealed by1981 c.41 §3]

 

      204.030 [Amended by1965 c.221 §22; repealed by 1981 c.41 §3]

 

      204.035 [Amended by1953 c.306 §17; repealed by 1981 c.41 §3]

 

      204.040 [Repealed by1981 c.41 §3]

 

      204.045 [Repealed by1971 c.88 §8]

 

      204.050 [Repealed by1981 c.41 §3]

 

      204.055 [Repealed by1981 c.41 §3]

 

      204.060 [Repealed by1981 c.41 §3]

 

      204.065Appointment of county judge pro tem. Whenever because of illness or injuryan elected county judge is incapacitated and unable to perform the duties ofoffice, and such facts are made to appear by the affidavit of one or morephysicians, licensed to practice in this state, filed in the office of theSecretary of State, the Governor shall appoint some competent and qualifiedperson county judge pro tem, who shall serve until the termination of theincapacity of the elected county judge has been evidenced in the same manner asthe incapacity was originally evidenced, or until the expiration of the term ofoffice, whichever shall first occur, or until the appointment may be revokedfor cause by the Governor. Such appointment shall not vacate the office of theelected county judge nor discontinue the salary of the elected county judge.

 

      204.070Oath of judge pro tem. Before entering upon the performance of the dutiesof county judge pro tem, the appointee shall subscribe and file in the officeof the county clerk the same oath of office required of an elected countyjudge.

 

      204.075Compensation of judge pro tem. A county judge pro tem shall receivefrom the county compensation for services at the same rate and in the same manneras the elected county judge.

 

      204.101 [1953 c.306 §1;1965 c.89 §1; repealed by 1981 c.48 §8]

 

      204.105 [Repealed by1953 c.306 §18]

 

      204.110 [Repealed by1953 c.306 §18]

 

      204.111 [1953 c.306 §5;repealed by 1981 c.48 §8]

 

COMPENSATIONOF COUNTY OFFICERS, DEPUTIES AND OTHER EMPLOYEES

 

      204.112County compensation board; members; compensation review and recommendations. (1) Each countygoverning body shall appoint a county compensation board. A county compensationboard shall consist of from three to five members, who are knowledgeable inpersonnel and compensation management.

      (2)The county compensation board shall annually recommend a compensation schedulefor the county elective officers mentioned in ORS 204.005.

      (3)The county compensation board shall annually review the compensation paid topersons comparably employed by the State of Oregon, local public bodies andprivate businesses within a labor market deemed appropriate by the board foreach elective officer. The county compensation board shall take into accountsuch factors as the number of employees supervised and the size of the budgetadministered by each elective officer, the duties and responsibilities of eachelective officer, and the compensation paid to subordinates and other appointedemployees who serve in positions of comparable management responsibility. Thecounty compensation board shall prepare and approve by majority vote arecommended compensation schedule for the elective officers and shall submitthe recommended compensation schedule to the county governing body.

      (4)Notwithstanding subsections (1) to (3) of this section, the sheriff’s salaryshall be fixed in an amount which is not less than that for any member of thesheriff’s department. [1989 c.941 §1]

 

      204.115 [Repealed by1953 c.306 §18]

 

      204.116Compensation of county officers, deputies and employees to be fixed by countygoverning body; disposition of fees. (1) Except as otherwise provided bylaw, the governing body of each county shall fix the compensation of its ownmembers and of every other county officer, deputy and employee when thecompensation of such individuals is paid from county funds.

      (2)Any commission, fees or other moneys received by a county officer, deputy oremployee for services rendered in the course of that individual’s office oremployment shall not be allowed to or retained by that individual, but shallpromptly 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]

 

      204.120 [Renumbered204.241]

 

      204.121Compensation and appointment of officers, deputies and employees in countiessubject to county civil service law. It is the intent of the LegislativeAssembly that no provision of ORS 204.112, 204.116, 204.126 or 204.601 shallsupersede any provision of the county civil service law, and when any conflictarises between any provision of ORS 204.112, 204.116, 204.126 or 204.601 andany provision of the county civil service law, then the county civil servicelaw shall prevail. [1953 c.306 §10; 1981 c.48 §4; 1989 c.941 §2]

 

      204.125 [Repealed by1953 c.306 §18]

 

      204.126Change in compensation of elective officers. (1) The compensation of anyelective county officer shall remain in effect unless changed with the approvalof the county budget committee or tax supervising and conservation commission.

      (2)Before any change in the compensation of an elective county officer iseffective, it must be submitted to and approved by the county budget committeeor tax supervising and conservation commission at a regular meeting or at aspecial meeting called for that purpose. [1981 c.48 §3]

 

      204.130 [Repealed by1953 c.306 §18]

 

      204.131 [1953 c.306 §2;1961 c.395 §1; 1977 c.345 §1; repealed by 1981 c.48 §8]

 

      204.135 [Repealed by1953 c.306 §18]

 

      204.140 [Repealed by1953 c.306 §18]

 

      204.141 [1953 c.306 §3;1977 c.345 §2; repealed by 1981 c.48 §8]

 

      204.145 [Repealed by1953 c.306 §18]

 

      204.150 [Repealed by1953 c.306 §18]

 

      204.151 [1953 c.306 §4;repealed by 1981 c.48 §8]

 

      204.155 [Repealed by1953 c.306 §18]

 

      204.160 [Repealed by1953 c.306 §18]

 

      204.165 [Repealed by1953 c.306 §18]

 

      204.170 [Repealed by1953 c.306 §18]

 

      204.175 [Repealed by1953 c.306 §18]

 

      204.180 [Repealed by1953 c.306 §18]

 

      204.185 [Repealed by1953 c.306 §18]

 

      204.190 [Repealed by1953 c.306 §18]

 

      204.195 [Repealed by1953 c.306 §18]

 

      204.200 [Repealed by1953 c.306 §18]

 

      204.205 [Repealed by1953 c.306 §18]

 

      204.210 [Repealed by1953 c.306 §18]

 

      204.215 [Repealed by1953 c.306 §18]

 

      204.220 [Repealed by1953 c.306 §18]

 

      204.225 [Repealed by1953 c.306 §18]

 

      204.230 [Repealed by1953 c.306 §18]

 

      204.235 [Repealed by1953 c.306 §18]

 

      204.240 [Repealed by1953 c.306 §18]

 

      204.241 [Formerly204.120; repealed by 1979 c.492 §1]