ORS Chapter 236

TITLE 22

PUBLIC OFFICERSAND EMPLOYEES

 

Chapter     236.     Eligibility;Resignations, Removals and Vacancies; Discipline; Transfers

                  237.     PublicEmployee Retirement Generally

                  238.     PublicEmployees Retirement System

                  238A.  OregonPublic Service Retirement Plan

                  240.     StatePersonnel Relations

                  241.     CivilService for County Employees

                  242.     CivilService for City or School District Employees and Firefighters

                  243.     PublicEmployee Rights and Benefits

                  244.     GovernmentEthics

 _______________

 

Chapter 236 — Eligibility;Resignations, Removals and Vacancies; Discipline; Transfers

 

2009 EDITION

 

 

REMOVALS,VACANCIES; DISCIPLINE; TRANSFERS

 

PUBLICOFFICERS AND EMPLOYEES

 

VACANCIESAND ELIGIBILITY GENERALLY

 

236.010     Causesfor vacancies in office

 

236.020     Vacancyfor breach of official bond

 

236.030     Personsineligible for office because of membership in certain organizations

 

236.040     Leaveof absence for Peace Corps volunteer; reinstatement

 

236.100     Politicalaffiliation of person appointed to fill vacancy in partisan elective office

 

236.115     Diversityincluded in criteria for filling certain vacancies

 

VACANCIESIN AND REMOVAL FROM STATE OFFICES

 

236.140     Term,removal, vacancy in appointive offices

 

236.145     Employmentprohibitions for state board or commission members

 

236.147     Exceptionto ORS 236.145

 

VACANCIESIN AND REMOVAL FROM COUNTY OFFICES

 

236.210     Fillingvacancies in county offices; qualification

 

236.215     Fillingvacancies in partisan elective office of county judge or commissioner

 

236.217     Nominations

 

236.220     Deputyto fill vacancy in certain offices until person appointed qualifies

 

236.225     Fillingvacancies in offices of county governing body

 

236.240     Removalof county treasurer from office

 

RESIGNATIONS

 

236.310     Rightof county commissioner to resign

 

236.320     Recipientof resignation

 

236.325     Resignationof office effective at future date; selection of successor; exception

 

DISCIPLINARYACTIONS AGAINST PUBLIC SAFETY OFFICERS

 

236.350     Definitionsfor ORS 236.350 to 236.370

 

236.360     Disciplinaryactions; written procedures; safeguards; just cause; notice

 

236.370     ORS236.350 to 236.370 not applicable to certain public safety officers

 

TRANSFEROF PUBLIC EMPLOYEES

 

236.605     Definitionsfor ORS 236.605 to 236.640

 

236.610     Rightsof employee when duties assumed by different public employer; employer duties

 

236.620     Statusof transferred employee

 

236.630     Authorityof new employer over transferred employee

 

236.640     Reemploymentright of employee at end of cooperation agreement

 

PENALTIES

 

236.990     Penalties

 

VACANCIESAND ELIGIBILITY GENERALLY

 

      236.010Causes for vacancies in office. (1) An office shall become vacantbefore the expiration of the term if:

      (a)The incumbent dies, resigns or is removed.

      (b)The incumbent ceases to be an inhabitant of the district, county or city forwhich the incumbent was elected or appointed, or within which the duties of theoffice of the incumbent are required to be discharged.

      (c)The incumbent is convicted of an infamous crime, or any offense involving theviolation of the oath of the incumbent.

      (d)The incumbent refuses or neglects to take the oath of office, or to give orrenew the official bond of the incumbent, or to deposit such oath or bondwithin the time prescribed by law.

      (e)The election or appointment of the incumbent is declared void by a competenttribunal.

      (f)The incumbent is found to be a person with a mental illness by the decision ofa competent tribunal.

      (g)The incumbent ceases to possess any other qualification required for electionor appointment to such office.

      (h)Appointment of the incumbent is subject to Senate confirmation under section 4,Article III of the Oregon Constitution, and the appointment is not confirmed.

      (2)The provisions of subsection (1)(b) of this section do not apply when residencewithin the district, county or city for which the incumbent was elected orappointed is not required for such election or appointment. [Amended by 1969c.669 §3; 1979 c.351 §3; 2007 c.70 §56]

 

      236.020Vacancy for breach of official bond. The Governor shall declare vacant theoffice of every officer required by law to execute an official bond whenever ajudgment is obtained against such officer for a breach of the conditions of thebond.

 

      236.030Persons ineligible for office because of membership in certain organizations. (1) No personwho is a member of, or affiliated with, any organization which teaches thedoctrine of, or advocates, the overthrow of the Government of the United Statesby force or violence shall be a candidate for public office or eligible for appointmentto a public office.

      (2)The name of a person defined in subsection (1) of this section shall not beplaced upon any ballot in connection with any election.

 

      236.040Leave of absence for Peace Corps volunteer; reinstatement. (1) As used inthis section:

      (a)“Public officer or employee” means any person who renders service to and ispaid therefor by a public employer.

      (b)“Public employer” means the state or a county, city, school district or otherpublic corporation, commission, agency, board or entity organized for a publicpurpose.

      (2)Public employers shall grant leaves of absence without pay for at least twoyears to any full-time salaried public officer or employee who serves, andwhile the public officer or employee serves, as a volunteer in the Peace Corps.Upon expiration of the leave the public officer or employee shall have theright to be reinstated to the position held before the leave was granted and atthe salary rates prevailing for such positions on the date of resumption of duty,without loss of seniority or other employment rights, if any. Failure of theofficer or employee to report within 90 days after termination of service shallbe cause for dismissal. [1963 c.199 §§1,2]

 

      236.100Political affiliation of person appointed to fill vacancy in partisan electiveoffice.(1) Except as provided in subsection (2) of this section, whenever a vacancyoccurs in any partisan elective office in this state and is to be filled byappointment, no person shall be eligible for such appointment unless the personis affiliated, as determined by the appropriate entry on the person’s officialelection registration card with the same political party:

      (a)As that by which the elected predecessor in the office was designated on theelection ballot, if the name of the predecessor was printed on the electionballot.

      (b)As that by which the elected predecessor in the office was designated on theelector registration card of the predecessor on the date of the election atwhich the predecessor was elected, if the name of the predecessor was notprinted on the ballot.

      (2)Under either of the following circumstances, a person who is otherwise eligiblefor appointment to fill a vacancy described in subsection (1) of this sectionmay be appointed to fill the vacancy regardless of the person’s affiliation orlack of affiliation with a political party:

      (a)If the name of the elected predecessor in the office was printed on the ballotand the predecessor was not designated on the election ballot as affiliatedwith a political party.

      (b)If the name of the elected predecessor in the office was not printed on theballot and the predecessor was not designated as affiliated with a politicalparty on the elector registration card of the predecessor on the date of theelection at which the predecessor was elected. [Formerly 236.135; 1985 c.586 §2;1985 c.808 §74]

 

      236.110 [Repealed by1957 c.608 §231]

 

      236.115Diversity included in criteria for filling certain vacancies. (1) In fillinga vacancy on any new or existing appointive state board, commission, committeeor council established by statute, if the vacancy is to be filled by a personwho is not employed full-time and who is compensated as provided under ORS292.495, the appointing authority shall include in the criteria forappointment, but need not limit the criteria to, the degree to which thecandidate will contribute to one or more of the following:

      (a)Diversity of viewpoint;

      (b)Demographic variety reflecting the racial and gender population of the state orthe region of appointment; and

      (c)Remediation of existing disparities between the number of qualified applicantsof one race or gender and the number of members of such groups serving on theboard, commission, committee or council.

      (2)The appointing authority for boards, commissions, committees and councilsdescribed under subsection (1) of this section shall report annually to theoffice of the Governor specifying the efforts taken to comply with this sectionand the result of those efforts. [1997 c.539 §1]

 

      Note: 236.115 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 236 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

      236.120 [Amended by1957 c.608 §229; 1965 s.s. c.1 §2; repealed by 1985 c.586 §4]

 

      236.130 [Repealed by1985 c.586 §4]

 

      236.135 [1953 c.473 §1;renumbered 236.100]

 

      236.137 [1955 c.210 §1;repealed by 1971 c.302 §1]

 

VACANCIESIN AND REMOVAL FROM STATE OFFICES

 

      236.140Term, removal, vacancy in appointive offices. Any person holding an appointiveoffice in any of the offices, departments or institutions of this state, shallhold the same for an indefinite term, not exceeding four years, and shall atall times be subject to removal by the appointive power which made theappointment. The appointive power may in all cases appoint a successor.

 

      236.145Employment prohibitions for state board or commission members. A person whohas been appointed by the Governor to serve on a state board or commission maynot be employed by the board or commission in a salaried position:

      (1)While the person is serving on the board or commission; or

      (2)Within one year after the person’s normal term on the board or commissionexpires, without regard to whether the person continues to serve on the boardor commission after expiration of the person’s term. [1953 c.594 §1; 2003 c.749§9]

 

      236.147Exception to ORS 236.145. ORS 236.145 does not apply to any appointee to theposition of executive director of a board who serves in that capacity as an exofficio member of the board making the appointment. [1983 c.402 §6]

 

      236.150 [Repealed by1985 c.565 §35]

 

      236.160 [Repealed by1985 c.565 §36]

 

VACANCIESIN AND REMOVAL FROM COUNTY OFFICES

 

      236.210Filling vacancies in county offices; qualification. (1) When thereis a vacancy in any elective county office other than the office of countyjudge or county commissioner, the county court or board of county commissionersshall appoint a person to perform the duties of the office until the vacancy isfilled by election.

      (2)Except as provided in subsection (3) of this section, when a vacancy occurs inthe nonpartisan office of county judge who does not exercise judicial functionsor county commissioner, the remaining members of the county court or board ofcounty commissioners shall appoint a person to perform the duties of the officeuntil the vacancy is filled by election.

      (3)When a vacancy occurs in the office of county judge who exercises judicialfunctions, the Governor shall fill the vacancy by appointment as provided insection 16, Article V of the Oregon Constitution.

      (4)Before a person appointed under subsection (1) or (2) of this section takesoffice, the person shall qualify in the same manner as required by law of theofficer in whose place the person is appointed. [Amended by 1965 c.221 §24;1983 c.327 §6; 1985 c.17 §1; 1987 c.549 §1; 2001 c.430 §3]

 

      236.215Filling vacancies in partisan elective office of county judge or commissioner. (1) When avacancy occurs in the partisan elective office of county judge who does notexercise judicial functions or county commissioner, the remaining members ofthe county court or board of county commissioners of the county, pursuant toORS 236.217, shall appoint a person qualified to hold office who is an electorof the county to perform the duties of the office until the term of officeexpires or the vacancy is filled by election.

      (2)When the provisions of ORS 236.217 apply, the appointment shall be made from alist of not fewer than three nor more than five nominees furnished by thecounty clerks. If fewer than three names of nominees are furnished or if nolist is received by the appointing authority, the county court or board ofcounty commissioners may consider additional qualified persons. The person soappointed must have been a member of the same major political party at least180 days before the date the vacancy to be filled occurred.

      (3)The vacancy must be filled by appointment within 30 days after its occurrence. [1987c.549 §3; 1989 c.171 §29; 2001 c.430 §4]

 

      236.217Nominations.When any vacancy under ORS 236.215 exists in any partisan elective office ofcounty judge who does not exercise judicial functions or county commissioneroccupied by a member of a major political party and that vacancy is to befilled by an appointing authority as provided in ORS 236.215, the majorpolitical party pursuant to party rule shall nominate not fewer than three normore than five qualified persons to fill the vacancy. The nominating procedureshall reflect the principle of one-person, one-vote to accord voting weight inproportion to the number of party members represented. At the request of aparty making a nomination, the county clerk or chief elections officer of thecounty in which the vacancy exists shall assist the party in determining thenumber of electors registered as members of the party in the electoraldistrict. As soon as the nominees have been appointed, but no later than 20days after the vacancy occurs, the party shall notify the county clerk of thepersons nominated. The county clerk shall notify the remaining members of thecounty court or board of county commissioners of the county in which thevacancy exists of the nominees. [1987 c.549 §4; 1993 c.797 §19; 2001 c.430 §5]

 

      236.220Deputy to fill vacancy in certain offices until person appointed qualifies. (1) During theinterval between the time when a vacancy occurs in any county office, exceptthe office of county commissioner, and the time when the person appointed bythe county court or board of county commissioners to fill the vacant officequalifies therefor, the chief deputy of the affected office shall perform allthe official acts and duties of such office.

      (2)During the period the chief deputy serves as provided in subsection (1) of thissection, the chief deputy shall be deemed to continue to occupy the position ofchief deputy for the purpose of determining the status and rights of the chiefdeputy under the civil service law and Public Employees Retirement System, andsuch service shall in no respect affect the status or rights of the chiefdeputy under those systems. [Amended by 1963 c.161 §1]

 

      236.225Filling vacancies in offices of county governing body. (1) If vacanciesexist at the same time in all of the offices of members of a county governingbody, two qualified persons shall be appointed by the Governor, and one by theappointees of the Governor, to perform the duties of the offices until thevacancies are filled as provided by law. If vacancies exist at the same time inall but one of such offices, the Governor shall appoint one qualified personwho, with the incumbent serving in office, shall appoint another, each toperform the duties of the offices until the vacancies are filled. If countyjudge is one of the offices vacant, one of the appointments made by theGovernor under this section shall be to the office of county judge.

      (2)When a county charter establishes a county governing body with more than three members,if a number of vacancies exist at the same time in the offices of members ofthat governing body so that all the remaining members do not constitute aquorum for the conduct of county business, the Governor shall appoint to thevacant offices the minimum number of qualified persons sufficient, with theincumbent members of the county governing body, to form a quorum. Personsappointed by the Governor under this subsection, together with the incumbentmembers serving in office, shall appoint qualified persons to the remainingvacant offices. All persons appointed under this subsection shall perform theduties of the office of member of the county governing body until the vacanciesare filled as provided by law.

      (3)ORS 236.100 applies to appointments under this section. [1967 s.s. c.6 §1; 1983c.327 §7]

 

      236.230 [Repealed by1983 c.327 §16]

 

      236.240Removal of county treasurer from office. Whenever suit has been commenced on theofficial bond of any delinquent treasurer, the delinquent treasurer may beremoved by the county court of the county.

 

      236.250 [Repealed by1983 c.310 §21 and 1983 c.327 §16]

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