Title 22, Public officers and Employees

(1) An office shall become vacant before 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 for which the incumbent was elected or appointed, or within which the duties of the …

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.

(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. (2)…

(1) As used in this section: (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 enti…

(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…

(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…

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 …

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: (1) While the person is serving on the board or commission; or (2) Within one year after the person’s normal term on the …

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]

(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. (2) Except…

(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 qua…

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…

(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 deput…

(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 provide…

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.

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]

(1) Resignation shall be made as follows: (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 …

Notwithstanding any other provision of law: (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 tho…

As used in ORS 236.350 to 236.370: (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…

(1) Employers of public safety officers shall adopt written procedures to implement the provisions of ORS 236.350 to 236.370. (2) Except as provided in subsection (3) of this section, the following safeguards apply when a public safety officer is under investigation concerning a …

ORS 236.350 to 236.370 do not apply to disciplinary action taken against public safety officers who are: (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…

As used in ORS 236.605 to 236.640: (1) “Public employee” means an employee whose compensation is paid from public funds. (2) “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 mainte…

(1) 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, ch…

(1) 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: (a) If the employee was serving a p…

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: (1) The receiving employer, in determining a comparable pos…

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 agreem…

Violation of ORS 236.145 is a Class A violation. [1953 c.594 §2; 1999 c.1051 §167] _______________

As used in ORS 237.350 to 237.380 unless the context requires otherwise: (1) “City” means any city with a population of 100,000 or more in which a retirement system may be established under the charter. (2) “Actuarial reserve basis” means the accumulation of a reserve, in equal a…

A city in which any pension system may be established by charter, may establish a retirement system pursuant to ORS 237.350 to 237.380. The council of the city may enact such ordinances as are necessary to put the system into effect and may supplement or change the ordinances fro…

The retirement plan may provide for retirement benefits measured on the basis of services rendered or to be rendered by an officer or employee, either before or after the date on which such officer or employee first becomes a member of the retirement plan. The retirement plan may…

The city may budget and provide by ordinance for payment into the fund of the retirement system an amount sufficient: (1) To provide, on an actuarial reserve basis, the amortized level premium cost of the retirement benefits which, under the provision of the retirement system, ar…

The city may collect, as a contribution from any officer or employee of any department or bureau for which a retirement system is established, that percentage of the salary received by the officer or employee, which is necessary to fund on an actuarial reserve basis the cost of r…

Nothing in ORS 237.350 to 237.380 authorizes the city to budget, provide for payments or collect contributions to fund retirement benefits for an individual who is not in the employment of the city at the time of the creation of a membership status under a retirement plan. [Forme…

The payments made by the city under ORS 237.365 may be made out of any revenues collected by the city under any law of the state or the charter or ordinances of the city. [Formerly 238.570] COVERAGE OF EMPLOYEES UNDER FEDERAL SOCIAL SECURITY ACT

As used in ORS 237.420 to 237.510, unless the context requires otherwise: (1) “Public agency” or “political subdivision” means the State of Oregon, any city, county, municipal or public corporation or any political subdivision of the State of Oregon or any instrumentality thereof…

The provisions of ORS 237.412 to 237.418 relating to Old Age and Survivors Insurance coverage are supplemental to ORS 237.420 to 237.510, and shall be so construed. [1953 c.180 §8]

In order to extend to employees of the State of Oregon, all the school districts and all the political subdivisions of the state participating in the Public Employees Retirement System immediately prior to March 27, 1953, and to the dependents and survivors of such employees, the…

(1) The Public Employees Retirement Board hereby is authorized and directed to enter into an agreement or modification of such agreement with the Federal Security Administrator (United States Secretary of Health and Human Services) on behalf of the State of Oregon, consistent wit…

(1) Any instrumentality jointly created by this state and any other state or states hereby is authorized, to the extent that this state may confer authority, upon the granting of like authority by such other state or states: (a) To enter into an agreement with the Federal Securit…

The Public Employees Retirement Board established by ORS 237.952 shall, for the purposes of administration of this law, after March 27, 1953, succeed to the powers and duties of the Public Employees Retirement Board established by chapter 401, Oregon Laws 1945, as amended, and sh…

The agreement shall include each coverage group as to which formal request for inclusion is made by the legislative or governing body of the employing public agency pursuant to ORS 237.440, prior to the effective date of the agreement, or any modification thereof. However, the bo…

The legislative or governing body of every political subdivision may make formal application to the Public Employees Retirement Board for inclusion of the eligible employees of such political subdivision in the agreement or any modification thereof. [Amended by 1953 c.192 §3(2); …

Every public agency included in the agreement pursuant to ORS 237.430 and 237.440 shall be liable for the contributions required to be remitted by an employer under the provisions of sections 3101 and 3111 of the federal Internal Revenue Code and amendments thereto, except that n…

(1) Every public agency included in the agreement shall withhold from wages and salaries paid by it to officers and employees covered by the agreement, and remit to the retirement board, that portion required to be withheld from the salaries and wages of employees under the provi…

All employees of the state, all employees of the school districts of the state and all employees of political subdivisions of the state subject to the agreement for Old Age and Survivors Insurance coverage, other than employees specifically excluded by that agreement, shall make …

The Public Employees Retirement Board shall promulgate regulations, not inconsistent with ORS 237.410 to 237.510, necessary to provide proper procedures to assure conformity with section 218 of title 2 of the federal Social Security Act and amendments thereto, and federal regulat…

If an employer fails to report or remit to the retirement board in the manner and within the time prescribed in the regulations adopted by the board, the board, without notice, may send an auditor to the office of the employer to examine its records and to obtain the necessary re…

(1) All employer and employee contributions and other moneys received or collected by the Public Employees Retirement Board under ORS 237.410 to 237.510 shall be deposited into the State Treasury to the credit of an account, separate and distinct from the General Fund, to be know…

All expenses of the Public Employees Retirement Board in excess of those paid under ORS 237.490 (2) incurred in administering the provisions of ORS 237.410 to 237.510, including such proportion of the salary of the director, counsel, professional consultants and employees of the …

(1) Upon failure of any public agency to remit contributions to the retirement board as provided by ORS 237.460 or pay its pro rata share as provided by ORS 237.500 and determined by the board, the board may recover by action in a court of competent jurisdiction the amount due an…