Title 22 — PUBLIC OFFICERS AND EMPLOYEES
An office shall become vacant before the expiration of the term if: The incumbent dies, resigns or is removed. The incumbent ceases to be an inhabitant of the district, county or city for which the incumbent was elected or appointed, or within which the duties of the office of the incumbent are required to be discharged. The incumbent is convicted of an i…
The Governor shall declare vacant the office of every officer required by law to execute an official bond whenever a judgment is obtained against such officer for a breach of the conditions of the bond.
No person who is a member of, or affiliated with, any organization which teaches the doctrine of, or advocates, the overthrow of the Government of the United States by force or violence shall be a candidate for public office or eligible for appointment to a public office. The name of a person defined in subsection (1) of this section shall not be placed upo…
As used in this section: “Public officer or employee” means any person who renders service to and is paid therefor by a public employer. “Public employer” means the state or a county, city, school district or other public corporation, commission, agency, board or entity organized for a public purpose. Public employers shall grant leaves of absence without…
Except as provided in subsection (2) of this section, whenever a vacancy occurs in any partisan elective office in this state and is to be filled by appointment, no person shall be eligible for such appointment unless the person is affiliated, as determined by the appropriate entry on the person’s official election registration card with the same political p…
In filling a vacancy on any new or existing appointive state board, commission, committee or council established by statute, if the vacancy is to be filled by a person who is not employed full-time and who is compensated as provided under ORS 292.495, the appointing authority shall include in the criteria for appointment, but need not limit the criteria to, …
VACANCIES IN AND REMOVAL FROM STATE OFFICES
Any person holding an appointive office in any of the offices, departments or institutions of this state shall hold the same for an indefinite term not exceeding four years, or for the term specified for the office by law. A person holding an appointive office shall at all times serve at the pleasure of and be subject to removal by the appointive power that …
A person who has been appointed by the Governor to serve on a state board or commission may not be employed by the board or commission in a salaried position: While the person is serving on the board or commission; or Within one year after the person’s normal term on the board or commission expires, without regard to whether the person continues to serve o…
ORS 236.145 does not apply to any appointee to the position of executive director of a board who serves in that capacity as an ex officio member of the board making the appointment.
VACANCIES IN AND REMOVAL FROM COUNTY OFFICES
When there is a vacancy in any elective county office other than the office of county judge or county commissioner, the county court or board of county commissioners shall appoint a person to perform the duties of the office until the vacancy is filled by election. Except as provided in subsection (3) of this section, when a vacancy occurs in the nonpartisa…
When a vacancy occurs in the partisan elective office of county judge who does not exercise judicial functions or county commissioner, the remaining members of the county court or board of county commissioners of the county, pursuant to ORS 236.217, shall appoint a person qualified to hold office who is an elector of the county to perform the duties of the o…
When any vacancy under ORS 236.215 exists in any partisan elective office of county judge who does not exercise judicial functions or county commissioner occupied by a member of a major political party and that vacancy is to be filled by an appointing authority as provided in ORS 236.215, the major political party pursuant to party rule shall nominate not fe…
During the interval between the time when a vacancy occurs in any county office, except the office of county commissioner, and the time when the person appointed by the county court or board of county commissioners to fill the vacant office qualifies therefor, the chief deputy of the affected office shall perform all the official acts and duties of such offi…
If vacancies exist at the same time in all of the offices of members of a county governing body, two qualified persons shall be appointed by the Governor, and one by the appointees of the Governor, to perform the duties of the offices until the vacancies are filled as provided by law. If vacancies exist at the same time in all but one of such offices, the Go…
Whenever suit has been commenced on the official bond of any delinquent treasurer, the delinquent treasurer may be removed by the county court of the county.
RESIGNATIONS
Any person who receives a certificate of election as a commissioner of the county court is at liberty to resign the office, though the person may not have entered upon the execution of its duties or taken the requisite oath of office.
Resignation shall be made as follows: By the Secretary of State, State Treasurer and all officers elected by the legislature, to the Governor. By all officers who hold their offices by election, to the officer authorized by law to order a special election to fill the resulting vacancy. By all other officers holding their offices by appointment, to the bod…
Notwithstanding any other provision of law: The holder of a public office may resign the office effective at a future date that is prior to the expiration of the term of the office. Any person who receives a certificate of election as a holder of a public office, even though the person may not have entered upon the execution of its duties or taken the requ…
As used in ORS 236.350 to 236.370: “Disciplinary action” means action taken against a public safety officer by an employer to punish the officer, including dismissal, demotion, suspension without pay, reduction in salary, written reprimand and transfer. “Just cause” means a cause reasonably related to the public safety officer’s ability to perform required…
Employers of public safety officers shall adopt written procedures to implement the provisions of ORS 236.350 to 236.370. Except as provided in subsection (3) of this section, the following safeguards apply when a public safety officer is under investigation concerning a matter that the officer reasonably believes may lead to economic sanctions or dismissal…
ORS 236.350 to 236.370 do not apply to disciplinary action taken against public safety officers who are: In an initial probationary period of employment that does not exceed 12 months or in a probationary period under a collective bargaining agreement which is in excess of 12 months; Under a county civil service system adopted pursuant to ORS 241.002 to 24…
TRANSFER OF PUBLIC EMPLOYEES
As used in ORS 236.605 to 236.640: “Public employee” means an employee whose compensation is paid from public funds. “Public employer” includes any of the following entities that has accepted the transfer of a public program from a public employer in this state for maintenance and operation: The state; Cities; Counties; School districts; Special distr…
No public employee shall be deprived of employment solely because the duties of employment have been assumed or acquired by another public employer, whether or not an agreement, annexation or consolidation with the present employer is involved. Notwithstanding any statute, charter, ordinance or resolution, but subject to ORS 236.605 to 236.640, the public em…
A public employer who receives a transferred employee under ORS 236.610 (1), including an employee whose transfer is provided for by an agreement under ORS 190.010, shall place that employee on its employee roster, subject to the following: If the employee was serving a probationary period with the employer at the time of transfer, the past service of the e…
A public employer who receives a transferred public employee under ORS 236.610 (1) shall place that employee in a position comparable to the position the employee enjoyed under prior employment, subject to the following: The receiving employer, in determining a comparable position, shall consider the employee’s educational and physical qualifications, exper…
At the end of a cooperation agreement the employee transferred shall be entitled to the position of the employee with the transferring employer prior to transfer, if the employee has remained an employee of the transferee employer in good standing to the termination of the agreement.
PENALTIES
Violation of ORS 236.145 is a Class A violation. _______________