Oregon Revised Statutes
As used in ORS 190.003 to 190.130, “unit of local government” includes a county, city, district or other public corporation, commission, authority or entity organized and existing under statute or city or county charter.
In the interest of furthering economy and efficiency in local government, intergovernmental cooperation is declared a matter of statewide concern. The provisions of ORS 190.003 to 190.130 shall be liberally construed.
A unit of local government may enter into a written agreement with any other unit or units of local government for the performance of any or all functions and activities that a party to the agreement, its officers or agencies, have authority to perform. The agreement may provide for the performance of a function or activity: By a consolidated department; B…
An agreement under ORS 190.010 shall specify the functions or activities to be performed and by what means they shall be performed. Where applicable, the agreement shall provide for: The apportionment among the parties to the agreement of the responsibility for providing funds to pay for expenses incurred in the performance of the functions or activities. …
When an agreement under ORS 190.010 has been entered into, the unit of local government, consolidated department, intergovernmental entity or administrative officer designated therein to perform specified functions or activities is vested with all powers, rights and duties relating to those functions and activities that are vested by law in each separate par…
An intergovernmental entity created by a written agreement pursuant to ORS 190.010 may apply for or otherwise seek to obtain any benefits of any kind from any public or private entity that any unit of local government, or American Indian tribe, that is a party to the written agreement may apply for or otherwise seek to obtain. The benefits sought may be use…
An intergovernmental group may impose and collect reasonable fees based on market prices or competitive bids for geographic data that have commercial value and are an entire formula, pattern, compilation, program, device, method, technique, process, database or system developed with a significant expenditure of public funds. An intergovernmental group may en…
If any agreement entered into under ORS 190.010 to 190.030 or 190.110 between or among units of local government includes changes in service responsibility, that agreement shall set forth any changes in tax coordination resulting from the change in service responsibility. This section applies to agreements entered into after September 29, 1991, and before J…
An intergovernmental entity created by an intergovernmental agreement under ORS 190.010 may, according to the terms of the agreement: Issue revenue bonds under ORS chapter 287A or enter into financing agreements authorized under ORS 271.390 to accomplish the public purposes of the parties to the agreement, if after a public hearing the governing body of eac…
Before a county enters into an intergovernmental agreement creating an intergovernmental entity to operate, maintain, repair and modernize transportation facilities, the county shall obtain approval of the terms and conditions of the agreement from the governing bodies of a majority of the cities within the county. Subject to the provisions of this section,…
Prior to the effective date of an intergovernmental agreement creating an intergovernmental entity, each of the parties to the intergovernmental agreement shall enact an ordinance ratifying the creation of the intergovernmental entity. An ordinance enacted under this subsection shall: Declare that it is the intent of the governing body enacting the ordinanc…
Subject to the provisions of this section, an intergovernmental entity created to operate, maintain, repair and modernize transportation facilities and that qualifies as a designated recipient of funding for transit operations from the Federal Transit Administration may issue general obligation bonds and assess, levy and collect ad valorem property taxes, in…
The board of directors of an intergovernmental entity described in ORS 190.088 shall perform all of the following: Before the entity may impose ad valorem property taxes, establish one or more transit advisory councils representative of each zone in which ad valorem property taxes are to be imposed. If the entity elects to not establish zones, the entity ne…
In performing a duty imposed upon it, in exercising a power conferred upon it or in administering a policy or program delegated to it, a unit of local government or a state agency of this state may cooperate for any lawful purpose, by agreement or otherwise, with a unit of local government or a state agency of this or another state, or with the United States…
A public body as defined in ORS 174.109 may enter into an agreement with the United States to perform security functions at a military installation or facility in the United States and to receive payment for performing the functions. Note: 190.112 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 190 or any …
A state agency that enters into an agreement under ORS 190.110, 190.420 or 190.485 on or after August 16, 1999, or an agreement under ORS 190.112 or under ORS 660.334 shall submit a summary of the agreement to the Oregon Department of Administrative Services within the 30-day period immediately following the effective date of the agreement. The summary requ…
The Oregon Department of Administrative Services shall keep an index of summaries of agreements into which state agencies enter under ORS 190.110, 190.112, 190.420, 190.485 or 660.334. The department shall include in the index the information provided by state agencies under ORS 190.115. The department shall require state agencies to update information in t…
(Water)
A unit of local government established to deliver water may enter into a written agreement with any other such unit or units of local government for the performance of specified activities by a joint board of control composed of the district managers of the parties to the agreement. A joint board of control, at the direction of the parties to the agreement, …
The authority granted by ORS 190.125 is in addition to any other authority and powers possessed by units of local government established to deliver water and does not increase or expand the authority or the powers of such units of local government relating to water rights or water use under other state laws.
Districts that may enter into agreements with the United States, or any agency or instrumentality thereof, under the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1002), are: People’s utility districts organized under ORS chapter 261. Domestic water supply corporations organized under ORS chapter 264. Irrigation districts organized …
(State Obligations)
The Legislative Assembly recognizes the need for intergovernmental cooperation between the state governmental agencies located in the various regions of the state and the local governmental agencies which provide the state agencies necessary services such as: Fire and police protection; Sewage, water and storm drainage; Traffic and transportation faciliti…
The Oregon Department of Administrative Services is authorized to pay out of the General Fund, to the extent that moneys are available therefor, its proportionate share of the cost of development and coordination of intergovernmental studies and plans prepared by tax supported intergovernmental planning groups, except that the state’s financial participation…
Persons who are recipients, beneficiaries or trainees in work training, work study and work experience programs authorized by the Economic Opportunity Act of 1964 (United States Public Law 88-452), as amended; persons who are volunteers under section 603 of that Act; and persons participating in the Work Incentive Program, Title IV of the Social Security Act…
Subject to rules prescribed by the Oregon Department of Administrative Services, any state agency as defined in ORS 291.002 may, upon request, furnish to the federal government or a city, county, district or other municipal corporation or political subdivision in Oregon the same or similar services, other than materials, equipment and supplies, having a sing…
Upon request of the federal government or a city, county, district or other municipal corporation or political subdivision in Oregon, the Oregon Department of Administrative Services may provide centralized accounting, data processing, data recording and storing and other similar services for such federal government, city, county, district or other municipal…
Notwithstanding any provision of law governing the confidentiality or disclosure of information, a state agency may enter into an interagency agreement with another state agency to disclose to the other state agency a business name, address, telephone number or state-generated common identification number or the nature of a business or type of entity conduct…
(Corrections)
Pursuant to ORS 190.010, 190.020 and 190.085, counties may establish, by agreement ratified by the governing body of each county as provided in ORS 190.085, an intergovernmental corrections entity for the purposes of: Making application under ORS 423.525 to provide local correctional facilities including, but not limited to, facilities funded under ORS 423.…
As used in this section, “P.L. 280 jurisdiction” means the authority granted to this state over specific criminal and civil matters in a federally recognized Indian tribe located in this state, under Public Law 280, codified at 18 U.S.C. 1162 and 25 U.S.C. 1321, and pursuant to: Public Law 95-195, codified at 25 U.S.C. 711(d)(6), November 18, 1977 (Siletz I…
INTERSTATE COOPERATION
As used in ORS 190.410 to 190.440, “public agency” includes: Any county, city, special district or other public corporation, commission, authority or entity organized and existing under laws of this state, or any other state, or under the city or county charter of any county or city of this or any other state; Any agency of this state or any other state; a…
Any power or powers, privileges or authority exercised or capable of exercise by a public agency in this state may be exercised and enjoyed jointly with any public agency in another state to the extent that the laws of the other state permit such joint exercise or enjoyment. Public agencies in this state and in another state may enter into agreements with o…
Every agreement made by an agency of this state under ORS 190.112, 190.420 or 660.334 shall be submitted to the Attorney General before taking effect. The Attorney General shall determine whether the agreement is in proper form and compatible with the laws of this state. If the Attorney General determines that the agreement is in some instance improper, the …
Any public agency entering into an agreement under ORS 190.410 to 190.440 may expend funds and may sell, lease, give or otherwise supply the administrative board of other legal or administrative entity that operates the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish.
The Council of State Governments is a joint governmental agency of this state and of the other states which cooperate through it.
A full-time, fully compensated police officer commissioned by the State of Washington, Idaho or California or any full-time, fully compensated police officer commissioned by a unit of local government of the State of Washington, Idaho or California may exercise any authority that the officer’s commission vests in the officer throughout the territorial bounds…
When an officer exercises the authority granted by ORS 190.472, the officer shall submit, as soon as is practicable, a report concerning the incident to the law enforcement agency in Oregon having primary jurisdiction over the geographic area in which the incident occurred. The law enforcement agency to whom the report is submitted may establish a reporting …
An officer exercising authority under ORS 190.472 is subject to the supervisory control of and limitations imposed by the commissioning agency. However, the commissioning agency may temporarily delegate supervision of the officer to another law enforcement agency. Any liability or claim of liability that arises out of the exercise of authority under ORS 190…
ORS 190.472 does not confer on federal officers, as defined in ORS 133.005, any additional powers. The powers of federal officers are limited to those powers conferred by other laws. Note: See note under 190.472. INTERNATIONAL COOPERATION
As used in ORS 190.480 to 190.490, “state agency” or “agency” means every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid wholly or in part from funds held in the State Treasury. Note: 190.480 to 190.490 were enacted into law by the Legislative Assembly but were not added to or made a part…
Any power or powers, privileges or authority exercised or capable of exercise by a state agency in this state may be exercised and enjoyed jointly with a nation or a public agency in any nation other than the United States, to the extent that the laws of the United States and of the other nation do not prohibit such joint exercise or enjoyment. A state agen…
Every agreement entered into under ORS 190.485 shall be submitted to the Attorney General before taking effect. The Attorney General shall determine whether the agreement is in proper form and compatible with the laws of this state. If the Attorney General determines that the agreement is improper in some respect, the Attorney General shall give written noti…
As used in ORS 190.510 to 190.610, unless the context requires otherwise, “city” means any incorporated city or town.
Portland State University shall: Annually estimate the population as of July 1 of each city and county within the state and no later than December 15 of each year prepare a certificate of population showing the university’s estimate of the population of each city and county within the state as of July 1. The university’s estimate may be based upon statistic…
Upon petition from a city, county, political subdivision, public corporation or state agency for reconsideration, or upon its own motion, Portland State University may revise its determination of the population of a city, county or other area. Payment of funds to a city, county or other area under ORS 323.455, 366.785 to 366.820 or 471.810 shall be affected …
The population shown in the certificate of population filed pursuant to ORS 190.520 or 190.530 shall be the official population of the city, county or other area covered by the certificate until a later certificate covering such city, county or other area is filed by Portland State University. After a certificate of population is filed pursuant to ORS 190.5…
Portland State University may adopt such standards as it considers desirable and expedient in the conduct of its duties under ORS 190.510 to 190.610.
Any state agency, or officer thereof, and any city, or department, officer or employee thereof, shall, upon request of Portland State University, furnish such available information as may be required by the university in securing accurate data and information upon which to base its estimates. The university may prescribe the form for reporting such informati…
Portland State University shall establish a program, designed to perform the duties imposed upon it by ORS 190.510 to 190.610.
Whenever a corrected certificate of census is filed and the correction is such that payment of funds under ORS 323.455, 366.785 to 366.820 or 471.810 was more or less than the city, county or other area would have been entitled, the payment shall be corrected in the distribution of funds next following the erroneous distribution. In computing the corrected d…
As used in ORS 190.710 to 190.800: “Association” means the American Arbitration Association. “Local government” means a city, county, special district or other public corporation, commission, authority or entity organized under state statute or city or county charter. “State agency” means any state board, commission, department or division.
Disputes between a state agency or local government and another state agency or local government, including disputes relating to the title to real estate, may, if the parties agree, be submitted to the award of an arbitrator of the American Arbitration Association. The agreement may not be rescinded after the notice of intent to arbitrate has been mailed to …
The parties shall submit to the northwest regional office of the American Arbitration Association: Duplicate copies of a notice of intention to arbitrate; Duplicate copies of each party’s statement of the nature of the dispute, the amount of money involved, if any, and the remedy sought; and The administrative fee required by the association.
Except as otherwise provided in ORS 190.710 to 190.800, an arbitration proceeding shall be conducted under the commercial arbitration rules of the American Arbitration Association as they existed on January 1, 1981.
Arbitrator candidates shall be selected from a list of candidates provided by the American Arbitration Association. The association shall make an initial screening for bias as may be appropriate and shall require a candidate for a particular case to complete a current personal disclosure statement under oath. In addition to other relevant information, the s…
The arbitrator shall regulate the hearing in accordance with the rules of the American Arbitration Association except that: The arbitrator shall take an oath of office. Testimony shall be taken under oath. After the first witness is sworn, an arbitrator may not be disqualified for bias. The arbitrator may call a neutral expert on the arbitrator’s own mot…
The arbitrator may, and shall, upon application by a party to the proceeding, issue a subpoena requiring a person to appear and be examined with reference to a matter within the scope of the proceeding, and to produce books, records or papers pertinent to the proceeding. In case of disobedience to the subpoena, the party requesting it may petition the circui…
On application of a party to the arbitration, the arbitrator may order the deposition of a witness to be taken for use as evidence and not for discovery if the witness cannot be compelled to attend the hearing or if exceptional circumstances exist making it desirable.
The arbitrator may grant any relief deemed appropriate. The arbitrator may order submission of written briefs within 30 days after the close of hearings. In addition to a brief, each party may summarize the evidence and propose an award. The arbitrator shall issue a written opinion and award within 30 days after the close of the hearing or the receipt of b…
A party may petition a court for vacation, modification or correction of an arbitration award under ORS 190.790 in the manner provided by ORS 36.705 and 36.710. The court may vacate an award only if there is a basis to vacate the award described in ORS 36.705 (1)(a) to (d). The court may modify or correct an award only for the grounds given in ORS 36.710.
_______________