Chapter 236 — Chapter 236
64 sections in this chapter.
ORS 236.010 Causes for vacancies in office. (1) An office shall become vacant before the expiration of the term if
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(a) The incumbent dies, resigns or is removed. (b) 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. (c) The incumbent…
ORS 236.020 Vacancy for breach of official bond. 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
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[Repealed or reserved.]
ORS 236.030 Persons ineligible for office because of membership in certain organizations. (1) 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
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(2) The name of a person defined in subsection (1) of this section shall not be placed upon any ballot in connection with any election.
ORS 236.040 Leave of absence for Peace Corps volunteer; reinstatement. (1) As used in this section
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(a) “Public officer or employee” means any person who renders service to and is paid therefor by a public employer. (b) “Public employer” means the state or a county, city, school district or other public corporation, commission, agency, board or entity organized for a public pur…
ORS 236.100 Political affiliation of person appointed to fill vacancy in partisan elective office. (1) 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 party
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(a) As that by which the elected predecessor in the office was designated on the election ballot, if the name of the predecessor was printed on the election ballot. (b) As that by which the elected predecessor in the office was designated on the elector registration card of the p…
ORS 236.110 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 236.115 Diversity included in criteria for filling certain vacancies. (1) 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, the degree to which the candidate will contribute to one or more of the following
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(a) Diversity of viewpoint; (b) Demographic variety reflecting the racial and gender population of the state or the region of appointment; and (c) Remediation of existing disparities between the number of qualified applicants of one race or gender and the number of members of suc…
ORS 236.120 [Amended by 1957 c.608 §229; 1965 s.s. c.1 §2; repealed by 1985 c.586 §4]
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[Repealed or reserved.]
ORS 236.130 [Repealed by 1985 c.586 §4]
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[Repealed or reserved.]
ORS 236.135 [1953 c.473 §1; renumbered 236.100]
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[Repealed or reserved.]
ORS 236.137 [1955 c.210 §1; repealed by 1971 c.302 §1]
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VACANCIES IN AND REMOVAL FROM STATE OFFICES
ORS 236.140 Term, removal, vacancy in appointive 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 made the appointment unless a different standard for removal from the office is specified by law. The appointive power may in all cases appoint a successor. [Amended by 2013 c.425 §1]
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[Repealed or reserved.]
ORS 236.145 Employment prohibitions for state board or commission members. 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
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(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 commission expires, without regard to whether the person continues to serve on the board or commission after expiration of the person’s term. [1953 c.…
ORS 236.147 Exception to ORS 236.145. 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. [1983 c.402 §6]
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[Repealed or reserved.]
ORS 236.150 [Repealed by 1985 c.565 §35]
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[Repealed or reserved.]
ORS 236.160 [Repealed by 1985 c.565 §36]
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VACANCIES IN AND REMOVAL FROM COUNTY OFFICES
ORS 236.210 Filling vacancies in county offices; qualification. (1) 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
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(2) Except as provided in subsection (3) of this section, when a vacancy occurs in the nonpartisan 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 shall appoint a pe…
ORS 236.215 Filling vacancies in partisan elective office of county judge or commissioner. (1) 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 office until the term of office expires or the vacancy is filled by election
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(2) When the provisions of ORS 236.217 apply, the appointment shall be made from a list of not fewer than three nor more than five nominees furnished by the county clerks. If fewer than three names of nominees are furnished or if no list is received by the appointing authority, t…
ORS 236.217 Nominations. 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 fewer than three nor more than five qualified persons to fill the vacancy. The nominating procedure shall reflect the principle of one-person, one-vote to accord voting weight in proportion to the number of party members represented. At the request of a party making a nomination, the county clerk or chief elections officer of the county in which the vacancy exists shall assist the party in determining the number of electors registered as members of the party in the electoral district. As soon as the nominees have been appointed, but no later than 20 days after the vacancy occurs, the party shall notify the county clerk of the persons nominated. The county clerk shall notify the remaining members of the county court or board of county commissioners of the county in which the vacancy exists of the nominees. [1987 c.549 §4; 1993 c.797 §19; 2001 c.430 §5]
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[Repealed or reserved.]
ORS 236.220 Deputy to fill vacancy in certain offices until person appointed qualifies. (1) 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 office
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(2) During the period the chief deputy serves as provided in subsection (1) of this section, the chief deputy shall be deemed to continue to occupy the position of chief deputy for the purpose of determining the status and rights of the chief deputy under the civil service law an…
ORS 236.225 Filling vacancies in offices of county governing body. (1) 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 Governor shall appoint one qualified person who, with the incumbent serving in office, shall appoint another, each to perform the duties of the offices until the vacancies are filled. If county judge is one of the offices vacant, one of the appointments made by the Governor under this section shall be to the office of county judge
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(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 of that governing body so that all the remaining members do not constitute a quorum for the conduct of county busi…
ORS 236.230 [Repealed by 1983 c.327 §16]
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[Repealed or reserved.]
ORS 236.240 Removal of county treasurer from office. 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
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[Repealed or reserved.]
ORS 236.250 [Repealed by 1983 c.310 §21 and 1983 c.327 §16]
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RESIGNATIONS
ORS 236.310 Right of county commissioner to resign. 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. [Amended by 1965 c.221 §25; 1981 c.517 §25]
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[Repealed or reserved.]
ORS 236.320 Recipient of resignation. (1) Resignation shall be made as follows
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(a) By the Secretary of State, State Treasurer and all officers elected by the legislature, to the Governor. (b) 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. (c) By all other office…
ORS 236.325 Resignation of office effective at future date; selection of successor; exception. Notwithstanding any other provision of law
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(1) 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. (2) 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…
ORS 236.350 Definitions for ORS 236.350 to 236.370. As used in ORS 236.350 to 236.370
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(1) “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. (2) “Just cause” means a cause reasonably related to the …
ORS 236.360 Disciplinary actions; written procedures; safeguards; just cause; notice. (1) Employers of public safety officers shall adopt written procedures to implement the provisions of ORS 236.350 to 236.370
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(2) 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 from employment and is subject to an i…
ORS 236.370 ORS 236.350 to 236.370 not applicable to certain public safety officers. ORS 236.350 to 236.370 do not apply to disciplinary action taken against public safety officers who are
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(1) 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; (2) Under a county civil service system adopted pursuant to ORS 241.002 to 241.009; (3) Under a …
ORS 236.380 [1989 c.3 §§2,3,4; repealed by 2007 c.100 §32]
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[Repealed or reserved.]
ORS 236.405 [1961 c.287 §1; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.415 [1961 c.287 §2; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.420 [1961 c.287 §3; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.425 [1961 c.287 §4; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.430 [1961 c.287 §23; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.435 [1961 c.287 §24; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.440 [1961 c.287 §5; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.445 [1961 c.287 §6; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.450 [1961 c.287 §25; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.455 [1961 c.287 §26; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.460 [1961 c.287 §7; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.465 [1961 c.287 §8; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.470 [1961 c.287 §9; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.475 [1961 c.287 §10; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.485 [1961 c.287 §11; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.490 [1961 c.287 §12; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.495 [1961 c.287 §13; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.500 [1961 c.287 §14; 1973 c.773 §3; repealed by 1979 c.59 §1]
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[Repealed or reserved.]
ORS 236.505 [1961 c.287 §15; 1973 c.773 §4; repealed by 1979 c.59 §1]
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[Repealed or reserved.]