2007 Oregon Code - Chapter 190 :: Chapter 190 - Cooperation of Governmental Units - State Census - Arbitration
Chapter 190 —
Cooperation of Governmental Units;
State Census;
Arbitration
2007 EDITION
GOVERNMENT COOPERATION; CENSUS; ARBITRATION
MISCELLANEOUS MATTERS
INTERGOVERNMENTAL COOPERATION
(Generally)
190.003Â Â Â Â Definitions
for ORS 190.003 to 190.130
190.007Â Â Â Â Policy;
construction
190.010Â Â Â Â Authority
of local governments to make intergovernmental agreement
190.020Â Â Â Â Contents
of agreement
190.030Â Â Â Â Effect
of agreement
190.050Â Â Â Â Fees
for geographic data; uses
190.070Â Â Â Â Agreement
changing service responsibilities requires changes in tax coordination
resulting from change
190.080Â Â Â Â Powers
of intergovernmental entity created by intergovernmental agreement; limits;
debts of entity; procedure for distribution of assets; rules
190.083Â Â Â Â County
agreements for transportation facilities
190.085Â Â Â Â Ordinance
ratifying intergovernmental agreement creating entity
190.110Â Â Â Â Authority
of units of local government and state agencies to cooperate; agreements with
American Indian tribes; exclusion of conditions for public contracts
190.112Â Â Â Â Agreements
with
190.115Â Â Â Â Summaries
of agreements of state agencies; contents
190.118Â Â Â Â Index
of summaries
(Water)
190.125Â Â Â Â Agreements
to deliver water; joint board of control
190.130Â Â Â Â Effect
of ORS 190.125
190.150Â Â Â Â Agreements
under federal Watershed Protection and Flood Prevention Act
(Intrastate Mutual Assistance Compact)
190.155Â Â Â Â Legislative
findings
190.156Â Â Â Â Definitions
for ORS 190.155 to 190.170
190.158Â Â Â Â Local
government mutual assistance compact
190.160Â Â Â Â Request
for assistance
190.162Â Â Â Â Resource
sharing; procedures and protocols
190.164Â Â Â Â Credentials
of employee providing assistance
190.166Â Â Â Â Reimbursement
for assistance; disputes
190.168Â Â Â Â Applicable
benefits for injuries to employee providing assistance
190.170Â Â Â Â Indemnification
of employee providing assistance
(State Obligations)
190.210Â Â Â Â Oregon
Department of Administrative Services to maintain liaison with local
governments providing services to state agencies
190.220Â Â Â Â State
to pay share of cost of intergovernmental and planning studies; limitation
190.230Â Â Â Â Public
employment status under various federal programs
(Furnishing of Services and Information)
190.240Â Â Â Â Furnishing
of services by state agency to federal and local governmental units
190.250Â Â Â Â Furnishing
centralized accounting and data processing services to federal and local
governmental units
190.255Â Â Â Â State
agenciesÂ’ sharing of business registration information
(Corrections)
190.265Â Â Â Â Intergovernmental
corrections entities; purposes; powers; bonds; taxes
INTERSTATE COOPERATION
190.410Â Â Â Â Definitions
for ORS 190.410 to 190.440
190.420Â Â Â Â Authority
of public agency to make agreements with public agencies in other states;
contents of agreement; liability of public agency
190.430Â Â Â Â Attorney
General to review agreements; exemptions
190.440Â Â Â Â Powers
of public agency under agreement
190.470Â Â Â Â Council
of State Governments declared a joint governmental agency
190.472Â Â Â Â Mutual
interstate law enforcement assistance agreements
190.474Â Â Â Â Reports
by out-of-state police officers
190.476Â Â Â Â Delegation
of supervision of police officers; agency liability
190.478Â Â Â Â Effect
on federal officers
INTERNATIONAL COOPERATION
190.480Â Â Â Â Definition
for ORS 190.480 to 190.490
190.485Â Â Â Â Authority
of state agency to exercise authority jointly with nation or national agency of
other than
190.490Â Â Â Â Approval
of agreement by Attorney General; filing of agreement; rules; exemptions
STATE CENSUS
190.510Â Â Â Â Definitions
for ORS 190.510 to 190.610
190.520Â Â Â Â Annual
estimate of population of cities and counties by State Board of Higher
Education; actual count
190.530Â Â Â Â Revision
of certificate; effect
190.540Â Â Â Â Effect
of certificate of population; use in computing shares of state revenues
190.580Â Â Â Â Rules
and regulations
190.590Â Â Â Â Reporting
information to board
190.610Â Â Â Â Board
to establish program at state institution of higher education
190.620Â Â Â Â Effect
of corrected certificate on payments to cities or counties; adjustment of
payments
INTERGOVERNMENTAL ARBITRATION
190.710Â Â Â Â Definitions
for ORS 190.710 to 190.800
190.720Â Â Â Â Agreement
to arbitrate; costs
190.730Â Â Â Â Submission
to regional office
190.740Â Â Â Â Arbitration
rules
190.750Â Â Â Â Selection
of arbitrators
190.760Â Â Â Â Procedure
during arbitration
190.770Â Â Â Â Subpoena
procedure
190.780Â Â Â Â Depositions
190.790Â Â Â Â Relief;
briefs; opinion; damages; filing of petition to confirm award
190.800Â Â Â Â Vacation,
modification and correction of award
INTERGOVERNMENTAL COOPERATION
(Generally)
     190.003
Definitions for ORS 190.003 to 190.130. 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. [1967
c.550 §2]
     190.007
Policy; construction. 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. [1967 c.550 §3]
     190.010
Authority of local governments to make intergovernmental agreement. 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:
     (1) By a consolidated department;
     (2) By jointly providing for
administrative officers;
     (3) By means of facilities or equipment
jointly constructed, owned, leased or operated;
     (4) By one of the parties for any other
party;
     (5) By an intergovernmental entity created
by the agreement and governed by a board or commission appointed by,
responsible to and acting on behalf of the units of local government that are
parties to the agreement; or
     (6) By a combination of the methods
described in this section. [Amended by 1953 c.161 §2; 1963 c.189 §1; 1967 c.550
§4; 1991 c.583 §1]
     190.020
Contents of agreement. (1)
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:
     (a) 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.
     (b) The apportionment of fees or other
revenue derived from the functions or activities and the manner in which such
revenue shall be accounted for.
     (c) The transfer of personnel and the
preservation of their employment benefits.
     (d) The transfer of possession of or title
to real or personal property.
     (e) The term or duration of the agreement,
which may be perpetual.
     (f) The rights of the parties to terminate
the agreement.
     (2) When the parties to an agreement are
unable, upon termination of the agreement, to agree on the transfer of
personnel or the division of assets and liabilities between the parties, the
circuit court has jurisdiction to determine that transfer or division. [Amended
by 1967 c.550 §5]
     190.030
Effect of agreement. (1)
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 party to the agreement, its
officers and agencies.
     (2) An officer designated in an agreement
to perform specified duties, functions or activities of two or more public
officers shall be considered to be holding only one office.
     (3) An elective office may not be
terminated by an agreement under ORS 190.010. [Amended by 1967 c.550 §6; 1991
c.583 §2]
     190.040 [Amended by 1953 c.182 §2; 1957 c.428 §1;
repealed by 1963 c.189 §3]
     190.050
Fees for geographic data; uses.
(1) 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 enter into agreements with private
persons or entities to assist with marketing such products. Notwithstanding any
other provision of law, intergovernmental group software product programming
source codes, object codes and geographic databases or systems are confidential
and exempt from public disclosure under ORS 192.502. Nothing in this section
authorizes an intergovernmental group to restrict access to public records
through inclusion of such records in a geographic database or system.
     (2) Fees collected under subsection (1) of
this section shall be used:
     (a) For maintenance of the formula,
pattern, compilation, program, device, method, technique, process, database or
system; and
     (b) To provide services through the
formula, pattern, compilation, program, device, method, technique, process,
database or system to public bodies paying a service charge to the
intergovernmental group.
     (3) As used in this section, “intergovernmental
group” means two or more units of local government that have entered into a
written agreement under ORS 190.010. [1991 c.335 §2]
     190.070
Agreement changing service responsibilities requires changes in tax coordination
resulting from change. (1)
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.
     (2) This section applies to agreements
entered into after September 29, 1991, and before January 1, 1996. [1991 c.396 §9;
1993 c.424 §3]
     Note: 190.070 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 190 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     190.080
Powers of intergovernmental entity created by intergovernmental agreement;
limits; debts of entity; procedure for distribution of assets; rules. (1) An intergovernmental entity created by
an intergovernmental agreement under ORS 190.010 may, according to the terms of
the agreement:
     (a) 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 each of the units of local government that
are parties to the agreement approves, by resolution or order, the issuance of
the revenue bonds or entering into the financing agreement;
     (b) Enter into agreements with vendors,
trustees or escrow agents for the installment purchase or lease, with option to
purchase, of real or personal property if the period of time allowed for
payment under an agreement does not exceed 20 years; and
     (c) Adopt all rules necessary to carry out
its powers and duties under the intergovernmental agreement.
     (2) Except as provided in ORS 190.083, an
intergovernmental entity may not levy taxes or issue general obligation bonds.
     (3) The debts, liabilities and obligations
of an intergovernmental entity shall be, jointly and severally, the debts,
liabilities and obligations of the parties to the intergovernmental agreement
that created the entity, unless the agreement specifically provides otherwise.
     (4) A party to an intergovernmental
agreement creating an intergovernmental entity may assume responsibility for
specific debts, liabilities or obligations of the intergovernmental entity.
     (5) Any moneys collected by or credited to
an intergovernmental entity shall not accrue to the benefit of private persons.
Upon dissolution of the entity, title to all assets of the intergovernmental
entity shall vest in the parties to the intergovernmental agreement. The
agreement creating the entity shall provide a procedure for:
     (a) The disposition, division and
distribution of any assets acquired by the intergovernmental entity; and
     (b) The assumption of any outstanding
indebtedness or other liabilities of the entity by the parties to the
intergovernmental agreement that created the entity.
     (6) An intergovernmental entity created by
intergovernmental agreement under ORS 190.010 may be terminated at any time by
unanimous vote of all the parties to the intergovernmental agreement or as
provided by the terms of the agreement. [1991 c.583 §4; 2001 c.840 §3; 2003
c.195 §7; 2007 c.783 §71]
     190.083
County agreements for transportation facilities. (1) 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.
     (2) Subject to the provisions of this
section, an intergovernmental entity created to operate, maintain, repair and
modernize transportation facilities may issue general obligation bonds and
assess, levy and collect taxes in support of the purposes of the entity.
     (3)(a) To carry out the purposes of an
intergovernmental agreement under this section, and when authorized at an
election described in paragraph (b) of this subsection, an intergovernmental
entity created to operate, maintain, repair and modernize transportation
facilities may borrow moneys and sell and dispose of general obligation bonds.
Approval requires an affirmative vote of a majority of the electors within the
intergovernmental entity voting in the election.
     (b) If the bonds are not subject to the
limitations under section 11 or 11b, Article XI of the Oregon Constitution:
     (A) The proposition submitted to the
electors shall provide that the intergovernmental entity shall assess, levy and
collect taxes each year on the assessed value of all taxable property within
the intergovernmental entity for the purposes of paying the principal and
interest on the general obligation bonds;
     (B) The election must comply with the
voter participation requirements of section 11 (8), Article XI of the Oregon
Constitution; and
     (C) Outstanding bonds may never exceed in
the aggregate two percent of the real market value of all taxable property
within the entity.
     (4) The governing body of an
intergovernmental entity created to operate, maintain, repair and modernize
transportation facilities shall issue the bonds from time to time as authorized
by the electors of the entity. The governing body shall issue the bonds
according to the applicable provisions of ORS chapter 287A.
     (5) The electors of an intergovernmental
entity created to operate, maintain, repair and modernize transportation
facilities may establish a permanent rate limit for ad valorem property taxes
for the entity pursuant to section 11 (3)(c), Article XI of the Oregon
Constitution.
     (6) An intergovernmental entity created to
operate, maintain, repair and modernize transportation facilities may exercise
the powers necessary to carry out the purposes of the intergovernmental
agreement, including but not limited to the authority to enter into agreements
and to expend tax proceeds and other revenues the entity receives.
     (7) An intergovernmental entity created to
operate, maintain, repair and modernize transportation facilities is not a
district as defined in ORS 198.010 and is not subject to the provisions of ORS
chapter 451.
     (8) An intergovernmental entity described
in this section is subject to ORS 294.305 to 294.565 for each fiscal year or
budget period in which the entity proposes to impose or imposes ad valorem
property taxes. [2001 c.840 §2; 2003 c.14 §88; 2003 c.235 §3; 2007 c.783 §72]
     190.085
Ordinance ratifying intergovernmental agreement creating entity. (1) 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:
     (a) Declare that it is the intent of the
governing body enacting the ordinance to create an intergovernmental entity by
intergovernmental agreement;
     (b) Specify the effective date of the
intergovernmental agreement;
     (c) Set forth the public purposes for
which the intergovernmental entity is created; and
     (d) Describe the powers, duties and
functions of the intergovernmental entity.
     (2) Not later than 30 days after the
effective date of an intergovernmental agreement creating an intergovernmental
entity under ORS 190.010, the parties to the intergovernmental agreement shall
file with the Secretary of State copies of the ordinances required under this
section together with a statement containing the name of the intergovernmental
entity created, the parties to the agreement, the purpose of the agreement and
the effective date of the agreement. [1991 c.583 §5]
     190.110
Authority of units of local government and state agencies to cooperate;
agreements with American Indian tribes; exclusion of conditions for public
contracts. (1) 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, or with a United States
governmental agency, or with an American Indian tribe or an agency of an
American Indian tribe. This power includes power to provide jointly for
administrative officers.
     (2) The power conferred by subsection (1)
of this section to enter into an agreement with an American Indian tribe or an
agency of an American Indian tribe extends to any unit of local government or
state agency that is not otherwise expressly authorized to enter into an
agreement with an American Indian tribe or an agency of an American Indian
tribe.
     (3) With regard to an American Indian
tribe, the power described in subsections (1) and (2) of this section includes
the power of the Governor or the designee of the Governor to enter into
agreements to ensure that the state, a state agency or unit of local government
does not interfere with or infringe on the exercise of any right or privilege
of an American Indian tribe or members of a tribe held or granted under any
federal treaty, executive order, agreement, statute, policy or any other
authority. Nothing in this subsection shall be construed to modify the
obligations of the
     (4) A unit of local government or state
agency of this state may exclude any clause or condition required by ORS
279B.220, 279B.225, 279B.230, 279B.235, 279B.270 or 279C.500 to 279C.530 from
an agreement under subsection (1) of this section if the agreement is with:
     (a) A unit of local government of another
state.
     (b) A state agency of another state.
     (c) The
     (d) A
     (e) An American Indian tribe.
     (f) An agency of an American Indian tribe.
[Amended by 1963 c.189 §2; 1967 c.550 §7; 1985 c.267 §1; 1999 c.948 §3; 2001
c.611 §1; 2003 c.794 §208]
     190.112
Agreements with
     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 series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     190.115
Summaries of agreements of state agencies; contents. (1) 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 660.342 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.
     (2) The summary required by this section
must include the following information:
     (a) Names of the parties to the agreement.
     (b) Date of the agreement.
     (c) Subject matter of the agreement.
     (d) The agency through which a person may
obtain a copy of the agreement.
     (3) A state agency that is required to
submit a summary of an agreement to the department under this section shall
submit the summary through electronic means. [1999 c.948 §1; 2003 c.6 §2; 2003
c.149 §2]
     Note: 190.115 and 190.118 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
190 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     190.118
Index of summaries. (1) 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 660.342. The department shall include in the index the
information provided by state agencies under ORS 190.115.
     (2) The department shall require state
agencies to update information in the index through a secure website that is
protected with a password.
     (3) The department shall make the
information in the index accessible to the public through a searchable public
website on the Internet. [1999 c.948 §2; 2003 c.6 §3; 2003 c.149 §3]
     Note: See note under 190.115.
     190.120 [1955 c.164 §1; 1959 c.662 §3; 1961 c.108 §8;
renumbered 297.910]
(Water)
     190.125
Agreements to deliver water; joint board of control. (1) 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, may perform any or all functions and activities under the agreement
that a party to the agreement, or its officers or agencies, has authority to
perform.
     (2) A joint board of control created under
this section may undertake cooperative activities, such as:
     (a) Sharing personnel;
     (b) Entering into joint contracts for
operations;
     (c) Sharing use of equipment, facilities
and fiscal resources;
     (d) Preparing basin and subbasin
conservation plans and other planning functions; and
     (e) Any other cooperative activity
authorized by the parties to the agreement.
     (3) An agreement under this section shall
specify the functions or activities to be performed by the joint board of
control and by what means they shall be performed. The agreement shall provide
that the elected boards of the parties to the agreement must approve the
operating policy of the joint board of control. The agreement shall also
provide that the joint board of control act on behalf of the parties to the
agreement and under their policy guidance.
     (4) As used in this section, “unit of
local government established to deliver water” means an irrigation district
organized under ORS chapter 545, a drainage district organized under ORS
chapter 547, a diking district organized under ORS chapter 551, a water
improvement district organized under ORS chapter 552, a water control district
organized under ORS chapter 553 or a nonprofit corporation for irrigation,
drainage, water supply or flood control organized under ORS chapter 554. [1997
c.215 §2]
     190.130
Effect of ORS 190.125. 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. [1997
c.215 §3]
     190.150
Agreements under federal Watershed Protection and Flood Prevention Act. (1) Districts that may enter into agreements
with the
     (a) People’s utility districts organized
under ORS chapter 261.
     (b) Domestic water supply corporations
organized under ORS chapter 264.
     (c) Irrigation districts organized under
ORS chapter 545 and ORS 548.005 to 548.120 and 548.305 to 548.715.
     (d) Drainage districts organized under ORS
chapter 547 and ORS 548.005 to 548.120 and 548.305 to 548.715.
     (e) Diking districts organized under ORS
chapter 551.
     (f) Water control districts organized
under ORS chapter 553.
     (g) Irrigation, drainage, water supply or
flood control corporations organized under ORS chapter 554.
     (2) No agreement under subsection (1) of
this section that imposes any part of the cost of a work of improvement upon a
district is binding upon the district until the project and the method of
financing its costs have been authorized in accordance with the laws that apply
to that district.
     (3) This section is intended to be
supplementary and in addition to and is not intended to repeal any law
authorizing this state or any political subdivision or instrumentality thereof
to make contracts with the United States or any agency or instrumentality
thereof. [1959 c.113 §§1,2,3; 1969 c.50 §2]
(Intrastate
Mutual Assistance Compact)
     190.155
Legislative findings. The
Legislative Assembly finds that:
     (1) In order to minimize the impact of an
event that overwhelms the resources of a local government, one local government
should be able to make resources available to another local government as
quickly as possible.
     (2) It is appropriate to establish an
efficient and permissive intrastate mutual assistance compact among local
governments that will allow local governments maximum flexibility to protect
life and property within their jurisdictions. [2007 c.97 §1]
     Note: 190.155 to 190.170 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
190 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     190.156
Definitions for ORS 190.155 to 190.170. As used in ORS 190.155 to 190.170:
     (1) “Event” means an incident that
overwhelms or may overwhelm the resources of a local government.
     (2) “Requesting local government” means a
local government that requests assistance from other local governments.
     (3) “Resources” means employees, services,
equipment and supplies of a responding local government.
     (4) “Responding local government” means a
local government that has responded to a requesting local government by
providing resources. [2007 c.97 §2]
     Note: See note under 190.155.
     190.158
Local government mutual assistance compact. (1) There is created an intrastate mutual assistance compact among the
local governments within this state.
     (2) The compact streamlines the process by
which a local government:
     (a) Requests assistance from another local
government whenever an event occurs; and
     (b) Temporarily acquires resources for
training, drills or exercises.
     (3) The compact does not:
     (a) Require a local government to provide
resources to a requesting local government.
     (b) Preclude a local government from
entering into any other agreement with another local government.
     (c) Affect any other agreement to which a
local government is a party or may become a party. [2007 c.97 §3]
     Note: See note under 190.155.
     190.160
Request for assistance. (1)
A local government may request assistance to:
     (a) Prevent, mitigate, respond to or
recover from an event; or
     (b) Work on its own or with other local
governments in training, drills or exercises.
     (2) A request for assistance must be made
by or through the presiding officer of the governing body of a requesting local
government or the chief executive officer or chief executive officerÂ’s designee
of the requesting local government.
     (3) A request for assistance may be oral
or written. If a request is oral, the responding local government must document
its response to the requesting local government in writing within 30 days from
the date on which the request was made.
     (4) Response and the extent of the
response are voluntary and may be terminated at any time. [2007 c.97 §4]
     Note: See note under 190.155.
     190.162
Resource sharing; procedures and protocols. (1) A responding local government may withhold resources to the extent
necessary to provide reasonable protection and services for the responding
local government.
     (2) For purposes of the operational and
tactical objectives required by the requesting local government, the resources
of a responding local government are under the direct command and control of
the requesting local government.
     (3) Unless otherwise directed by the
requesting local government:
     (a) The employees of the responding local
government shall use the standard operating procedures, medical and other
protocols and rating procedures used by the responding local government to
accomplish the strategic and tactical goals.
     (b) The services, equipment and supplies
of the responding local government shall be used under the standard operating
procedures, medical and other protocols and rating procedures used by the
responding local government to accomplish the strategic and tactical goals.
     (4) Notwithstanding subsection (2) of this
section, employees of the responding local government remain at all times
employees of the responding local government and under the ultimate command and
control of the responding local government. [2007 c.97 §5]
     Note: See note under 190.155.
     190.164
Credentials of employee providing assistance. Subject to any limitations and conditions the governing body of the
requesting local government may prescribe, if an employee of a responding local
government holds a license, certificate, permit or similar documentation that
evidences the employeeÂ’s qualifications in a professional, technical or other
skill, the employee is considered to be licensed, certified or permitted in the
jurisdiction of the requesting local government for the duration of the event
or the training, drills or exercises. [2007 c.97 §6]
     Note: See note under 190.155.
     190.166
Reimbursement for assistance; disputes. (1) The intent of the intrastate mutual assistance compact created
under ORS 190.158 is to provide for nonreimbursable assistance to a requesting
local government.
     (2) Notwithstanding subsection (1) of this
section, a responding local government may request reimbursement and a
requesting local government may reimburse the responding local government.
     (3) A request for reimbursement must be
made and agreed to in writing prior to the provision of resources by the
responding local government.
     (4) If a dispute regarding reimbursement
arises between a requesting local government and a responding local government,
the involved local governments shall make every effort to resolve the dispute
within 30 days of written notice of the dispute given by the local government
asserting noncompliance to the other local government.
     (5) If the local governments cannot resolve
the dispute within 90 days after receipt of the notice of alleged
noncompliance, either local government in the dispute may submit the dispute to
arbitration under the commercial arbitration rules of the American Arbitration
Association. [2007 c.97 §7]
     Note: See note under 190.155.
     190.168
Applicable benefits for injuries to employee providing assistance. If a person is an employee of a responding
local government and the person sustains injury in the course of providing
requested assistance, the person is entitled to all applicable benefits,
including workersÂ’ compensation, normally available to the employee while
performing regular duties for the responding local government. [2007 c.97 §8]
     Note: See note under 190.155.
     190.170
Indemnification of employee providing assistance. (1) Assistance rendered by an employee of a
responding local government is a governmental function.
     (2) Employees of a responding local
government are agents of the requesting local government.
     (3) The requesting local government shall
defend, save harmless and indemnify an employee of a responding local
government to the same extent the requesting local government is required to do
for its employees as provided in ORS 30.285 and 30.287. [2007 c.97 §9]
     Note: See note under 190.155.
(State
Obligations)
     190.210
Oregon Department of Administrative Services to maintain liaison with local
governments providing services to state agencies. (1) 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:
     (a) Fire and police protection;
     (b) Sewage, water and storm drainage;
     (c) Traffic and transportation facilities;
     (d) Refuse disposal; and
     (e) Schools, parks and zoning.
     (2) In meeting this need for
intergovernmental cooperation, the Oregon Department of Administrative Services
shall maintain liaison with the various local governmental agencies which
provide services to the state agencies and may participate in the joint
deliberations of the local governments in developing plans for services which
are supported or utilized by these state agencies. [1961 c.591 §1; 1995 c.79 §69]
     190.220
State to pay share of cost of intergovernmental and planning studies;
limitation. (1) 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 stateÂ’s financial participation shall be limited to the planning and
coordinating of those activities and services which are supported or utilized
by the state agencies located in the various regional areas.
     (2) The department is authorized to pay,
from moneys appropriated for such purposes, grants-in-aid to tax supported
intergovernmental planning groups in support of planning activities conducted
by such groups. [1961 c.591 §2; 1969 c.136 §5]
     190.230
Public employment status under various federal programs. 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 (United States Public Law 90-248), as amended; and persons participating in
programs of work experience and training during their participation in such
programs:
     (1) Are not serving in positions in the
service of the state or any county or city for purposes of any merit system or
civil service law or of any state, county or city retirement system.
     (2) Are workers covered under the state
system of workersÂ’ compensation if the recipient, beneficiary or trainee is not
otherwise covered by a federal program of insurance offering similar coverage. [1965
c.405 §1; 1969 c.227 §1; 1975 c.107 §1; 1977 c.294 §1; 1985 c.565 §23]
(Furnishing
of Services and Information)
     190.240
Furnishing of services by state agency to federal and local governmental units. (1) 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 single unit price of less than $500, furnished under the
laws of this state to other state agencies. Equipment does not include used goods;
material and supplies do not include goods produced by the State of
     (2) Except as provided in subsection (3)
of this section, in the case of state agencies, the cost of services furnished
pursuant to subsection (1) of this section may be paid out of the miscellaneous
receipts account established pursuant to ORS 279A.290 for such agencies. All
moneys received by an agency in payment of such services shall be paid into the
State Treasury for deposit to the credit of the miscellaneous receipts account
established pursuant to ORS 279A.290 for the agency furnishing the service.
     (3) In the case of the Oregon Department
of Administrative Services, the cost of services furnished pursuant to
subsection (1) of this section may be advanced from the Oregon Department of
Administrative Services Operating Fund and reimbursed to the fund from the
charges paid to the department by the federal government, city, county,
district or other municipal corporation or political subdivision for which the
services are performed. [1965 c.351 §2(2),(3); 1967 c.419 §43; 1969 c.420 §1;
1993 c.500 §6; 2003 c.794 §209]
     190.250
Furnishing centralized accounting and data processing services to federal and
local governmental units.
Upon request of the federal government or a city, county, district or other
municipal corporation or political subdivision in
     190.255
State agenciesÂ’ sharing of business registration information. (1) 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 conducting the business, for the purposes of registering
businesses or updating business registration records.
     (2) Notwithstanding any provision of law
governing the confidentiality or disclosure of information, a state agency
receiving information described in subsection (1) of this section from another
state agency pursuant to an interagency agreement with the other state agency
may use the information to maintain and update its records, including posting
the information on databases that are accessible by the public, provided the
original source of the information is not publicly disclosed.
     (3) As used in this section, “state agency”
means the Employment Department, the Department of Consumer and Business
Services, the Department of Justice, the Economic and Community Development
Department, the Department of Revenue and the Corporation Division of the
Office of the Secretary of State. [2003 c.749 §10; 2005 c.22 §133]
     Note: 190.255 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 190 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     190.260 [Formerly 297.920; repealed by 1967 c.454 §119]
(Corrections)
     190.265
Intergovernmental corrections entities; purposes; powers; bonds; taxes. (1) 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:
     (a) Making application under ORS 423.525
to provide local correctional facilities including, but not limited to,
facilities funded under ORS 423.525, including land, structures, equipment,
supplies and personnel necessary to acquire, develop, maintain and operate the
local correctional facilities; and
     (b) Administering local community
corrections programs and services.
     (2) An intergovernmental corrections entity
consists of the entire combined territories of the counties establishing the
entity. Notwithstanding any provision in ORS chapter 190 and subject to the
provisions of this section, an intergovernmental corrections entity may issue
general obligation bonds and assess, levy and collect taxes in support of the
purposes of the entity. An intergovernmental corrections entity is not a
district for purposes of ORS chapter 198 and is not subject to ORS chapter 451.
     (3) To carry out the purposes for which
the entity was established and when authorized at an election properly called
for that purpose, an intergovernmental corrections entity may borrow money and
sell and dispose of general obligation bonds. Approval or denial of the
proposition submitted to the electors of the intergovernmental corrections
entity shall be by a majority of the electors voting in the election. The
proposition submitted to the electors shall make provision for the assessment,
levy and collection each year of taxes on the assessed value of all taxable
property within the entity to be applied for the purposes of paying the
principal and interest on the general obligation bonds. Outstanding bonds may
never exceed in the aggregate two percent of the real market value of all
taxable property within the entity.
     (4) The bonds shall be issued from time to
time by the governing body of the entity on behalf of the entity as authorized
by the electors of the entity. The bonds shall be issued in accordance with the
applicable provisions of ORS chapter 287A.
     (5) An intergovernmental corrections
entity may impose operating taxes by establishing a permanent rate limit under
section 11 (3)(c), Article XI of the Oregon Constitution, and the laws adopted
thereunder. An intergovernmental corrections entity may impose other ad valorem
property taxes in the manner provided by law.
     (6) Local correctional facilities provided
by or furnished to a county under this section shall be considered to be jail
accommodations of the county for purposes of ORS 135.215, 137.140 and 137.330.
     (7) An intergovernmental corrections
entity may exercise any of the powers granted by this section, any of the
powers of an intergovernmental entity created under ORS 190.010, 190.020 and
190.085 and any powers necessary to effectuate the purposes for which the
entity is formed. These powers include, but are not limited to, the authority
to contract or make agreements with third parties, governmental and private,
and the authority to expend, consistent with the purposes for which the entity
is formed, any tax proceeds, general obligation bond proceeds and other
revenues received by the entity. This section and the powers granted by it
shall be construed liberally to effectuate its purposes. [1996 c.4 §9; 1997
c.541 §340; 2007 c.783 §73]
     Note: 190.265 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 190 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     190.310 [1967 c.165 §1; repealed by 1993 c.389 §1]
     190.320 [1967 c.165 §2; 1969 c.80 §27; repealed by
1993 c.389 §1]
     190.330 [1967 c.165 §3; 1969 c.80 §28; 1975 c.605 §13;
repealed by 1993 c.389 §1]
     190.340 [1967 c.165 §4; 1969 c.80 §29; repealed by
1993 c.389 §1]
INTERSTATE
COOPERATION
     190.410
Definitions for ORS 190.410 to 190.440. As used in ORS 190.410 to 190.440, “public agency” includes:
     (1) 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;
     (2) Any agency of this state or any other
state; and
     (3)
     190.420
Authority of public agency to make agreements with public agencies in other
states; contents of agreement; liability of public agency. (1) 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.
     (2) Public agencies in this state and in
another state may enter into agreements with one another for joint or
cooperative action. Such action must be recorded by ordinance, resolution or in
other lawful manner by the governing bodies of the participating public
agencies.
     (3) An agreement under subsection (2) of
this section must specify its duration, the organization, composition and
nature of any separate legal or administrative entity created to exercise the
functions agreed upon, the purpose of the agreement, the method of financing
the joint or cooperative undertaking, the methods to be employed to terminate
the agreement, and any other necessary and proper matters.
     (4) An agreement under subsection (2) of
this section may not relieve any public agency of any obligation or
responsibility imposed on it by law.
     (5) An agreement under subsection (2) of
this section may require that a public agency in another state indemnify a
public agency in this state against any tort claim or demand, whether
groundless or otherwise, arising out of an alleged act or omission occurring in
the performance of an action in the other state.
     (6) Notwithstanding subsection (4) of this
section, a public agency in this state may exclude from an agreement under
subsection (2) of this section any clause or condition required by ORS
279B.220, 279B.225, 279B.230, 279B.235, 279B.270 or 279C.500 to 279C.530. [1969
c.390 §2; 1999 c.948 §4; 2003 c.794 §210; 2007 c.376 §1]
     190.430
Attorney General to review agreements; exemptions. (1) Every agreement made by an agency of
this state under ORS 190.112, 190.420 or 660.342 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 Attorney General shall give written notice to the state
agency concerning the specific respects in which the agreement fails to comply
with law. The Attorney GeneralÂ’s failure to give notice within 30 days of
submission of the agreement to the Attorney General constitutes approval of the
agreement.
     (2) The Attorney General may exempt
agreements, including classes of agreements and form agreements, from the
requirements of subsection (1) of this section.
     (3) As used in this section, “agency of
this state” and “state agency” mean any officer, board, commission, department,
division or institution in the executive or administrative branch of state
government. [1969 c.390 §3; 1993 c.72 §1; 2001 c.68 §1; 2003 c.6 §4; 2003 c.149
§4; 2005 c.197 §1]
     190.440
Powers of public agency under agreement. 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. [1969 c.390 §4]
     190.470
Council of State Governments declared a joint governmental agency. The Council of State Governments is a joint
governmental agency of this state and of the other states which cooperate
through it. [Formerly 189.100]
     190.472
Mutual interstate law enforcement assistance agreements. 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 officerÂ’s commission vests in the officer throughout the territorial bounds
of Oregon if the officer is acting pursuant to a mutual law enforcement
assistance agreement between a law enforcement agency of the neighboring state
and a law enforcement agency of Oregon. [1997 c.855 §1]
     Note: 190.472 to 190.478 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
190 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     190.474
Reports by out-of-state police officers. 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
     Note: See note under 190.472.
     190.476
Delegation of supervision of police officers; agency liability. (1) 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.
     (2) Any liability or claim of liability
that arises out of the exercise of authority under ORS 190.472 by an officer
acting within the course and scope of the officerÂ’s duties under ORS 190.472 is
the responsibility of the commissioning agency unless:
     (a) The officer acts under the direction
and control of another agency; or
     (b) The liability or claim of liability is
otherwise allocated under a written agreement between the commissioning agency
and another agency.
     (3) All of the privileges and immunities
from liability, exemption from laws, ordinances and rules, and all pension,
relief, disability, workersÂ’ compensation insurance and other benefits that
apply to the activities of officers when performing their duties within the
territorial limits of their commissioning agencies apply to them and to their
commissioning agencies to the same degree and extent while the officers
exercise authority under ORS 190.472.
     (4) As used in this section, “commissioning
agency” means the agency for whom the officer is employed full-time and by whom
the officer is compensated. [1997 c.855 §3]
     Note: See note under 190.472.
     190.478
Effect on federal officers.
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. [1997 c.855 §4]
     Note: See note under 190.472.
INTERNATIONAL
COOPERATION
     190.480
Definition for ORS 190.480 to 190.490. 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. [1991 c.137 §1]
     Note: 190.480 to 190.490 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
190 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     190.485
Authority of state agency to exercise authority jointly with nation or national
agency of other than
     (2) A state agency may enter into an
agreement with another nation or public agency of another nation for joint and
cooperative action.
     (3) An agreement described in subsection
(2) of this section must specify its duration, the organization, composition
and nature of any separate legal or administrative entity created to exercise
the functions agreed upon, the purpose of the agreement, the method of
financing the joint or cooperative undertaking, the methods to be employed to
terminate the agreement and other necessary and proper matters.
     (4) No agreement described in subsection
(2) of this section shall relieve any state agency of any obligation or
responsibility imposed upon it by the laws of this state or of the
     (5) Notwithstanding subsection (4) of this
section, a state agency may exclude from an agreement under subsection (2) of
this section any clause or condition required by ORS 279B.220, 279B.225,
279B.230, 279B.235, 279B.270 or 279C.500 to 279C.530. [1991 c.137 §2; 1999
c.948 §5; 2003 c.794 §211]
     Note: See note under 190.480.
     190.490
Approval of agreement by Attorney General; filing of agreement; rules; exemptions. (1) 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
notice to the state agency concerning the specific respects in which the
agreement fails to comply with law. Failure of the Attorney General to give
such notice to the state agency within 30 days of submission of the agreement
to the Attorney GeneralÂ’s office shall constitute approval of the agreement.
The Attorney General may exempt certain agreements, classes of agreements or
form agreements from the requirement that the agreement be approved by the
Attorney General before taking effect.
     (2) The state agency shall file any
agreement made under ORS 190.485 with the Oregon Department of Administrative
Services within 30 days of the effective date of the agreement. The department
may adopt rules necessary for the administration of this subsection.
     (3) This section does not apply to the
Legislative Assembly, the courts and their officers and committees, the
Secretary of State and the State Treasurer in the performance of the duties of
their constitutional offices and the Public Defense Services Commission. [1991
c.137 §3; 2003 c.449 §33]
     Note: See note under 190.480.
STATE CENSUS
     190.510
Definitions for ORS 190.510 to 190.610. As used in ORS 190.510 to 190.610, unless the context requires
otherwise:
     (1) “Board” means the State Board of
Higher Education established under ORS 351.010.
     (2) “City” means any incorporated city or
town. [Formerly 221.845; 1965 c.207 §1]
     190.520
Annual estimate of population of cities and counties by State Board of Higher
Education; actual count. (1)
The State Board of Higher Education shall:
     (a) 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 boardÂ’s estimate
of the population of each city and county within the state as of July 1. The
boardÂ’s estimate may be based upon statistical or other pertinent data or upon
an actual count. The certificate shall also indicate the results of any
enumeration of cities or annexed areas made after July 1.
     (b) Annually estimate the number of
persons between the ages of 4 and 20 who resided in each county as of October
25. The board shall certify such estimate to the Superintendent of Public
Instruction and to the executive officer of the administrative office of each
county, as defined in ORS 328.001, by January 1 of each year.
     (c) Upon an official request from a city,
county, political subdivision, public corporation or state agency, cause to be
conducted at the expense of the requesting party an actual count of the
population of the area specified in the request and prepare a certificate of
population based upon such count.
     (d) Upon the incorporation of a city,
cause to be conducted at the expense of the city an actual count of the
population of the city. The board shall prepare a certificate of population
based upon such count. If the election of officers of the newly incorporated
city is held 40 days or more before the end of the calendar quarter, the
certificate shall be prepared before the end of the calendar quarter. If the
election is held less than 40 days before the end of the calendar quarter, the
certificate shall be prepared before the end of the calendar quarter next
following the election.
     (2) All certificates prepared under this
section shall be filed with the
     190.530
Revision of certificate; effect. Upon petition from a city, county, political subdivision, public
corporation or state agency for reconsideration, or upon its own motion, the
State Board of Higher Education 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 by a
subsequent filing of a corrected certificate under this section in the manner
provided by ORS 190.620. [Formerly 221.855; 1963 c.312 §2; 1971 c.222 §2]
     190.540
Effect of certificate of population; use in computing shares of state revenues. (1) The population shown in the certificate
of population of the State Board of Higher Education 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 the board.
     (2) After a certificate of population is
filed pursuant to ORS 190.520 or 190.530, the population of a city, county or
other area as shown in the certificate shall be the official and exclusive
basis for determining per capita allocation and payment of funds to such city,
county or other area under ORS 366.785 to 366.820 and 471.810 until the filing
by the board of a later certificate for such city, county or other area. [Formerly
221.860; 1961 c.259 §1; 1963 c.312 §3; 1967 c.577 §6]
     190.550 [Formerly 221.865; repealed by 1965 c.207 §7]
     190.560 [Formerly 221.870; repealed by 1965 c.207 §7]
     190.570 [Formerly 221.875; repealed by 1965 c.207 §7]
     190.580
Rules and regulations. The
State Board of Higher Education may adopt such rules and regulations as it
considers desirable and expedient in the conduct of its duties under ORS
190.510 to 190.610. [Formerly 221.880]
     190.590
Reporting information to board.
Any state agency, or officer thereof, and any city, or department, officer or
employee thereof, shall, upon request of the State Board of Higher Education,
furnish such available information as may be required by the board in securing
accurate data and information upon which to base its estimates. The board may
prescribe the form for reporting such information. [Formerly 221.885]
     190.600 [Formerly 221.890; repealed by 1963 c.115 §2]
     190.610
Board to establish program at state institution of higher education. The State Board of Higher Education shall
establish a program at one or more of the institutions under its control,
designed to perform the duties imposed upon it by ORS 190.510 to 190.610. [1965
c.207 §6]
     190.620
Effect of corrected certificate on payments to cities or counties; adjustment
of payments. (1) 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 distribution, the amount due any city
or county or other area under the corrected certificate shall be distributed
first, and the amounts payable that would otherwise be distributed shall be
adjusted accordingly.
     (2) The provisions of subsection (1) of
this section shall apply to all distributions made after December 31, 1970, if
a corrected certificate has been filed prior to the distribution next following
the erroneous distribution. If the corrected certificate is not filed before
the distribution next following the erroneous distribution, no adjustments are
required and the corrected certificate shall affect only those distributions
made after the corrected certificate is filed. [1971 c.222 §1]
INTERGOVERNMENTAL
ARBITRATION
     190.710
Definitions for ORS 190.710 to 190.800. As used in ORS 190.710 to 190.800:
     (1) “Association” means the American
Arbitration Association.
     (2) “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.
     (3) “State agency” means any state board,
commission, department or division. [1981 c.857 §1]
     190.720
Agreement to arbitrate; costs.
(1) 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 association.
     (2) Costs of arbitration shall be assessed
to the parties as provided by the commercial arbitration rules of the
association. [1981 c.857 §§2,12]
     190.730
Submission to regional office.
The parties shall submit to the northwest regional office of the American
Arbitration Association:
     (1) Duplicate copies of a notice of
intention to arbitrate;
     (2) 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
     (3) The administrative fee required by the
association. [1981 c.857 §3]
     190.740
Arbitration rules. 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. [1981 c.857 §4]
     190.750
Selection of arbitrators.
(1) Arbitrator candidates shall be selected from a list of candidates provided
by the American Arbitration Association.
     (2) 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 statement shall disclose the
present residence and immediate prior residence of the candidate, any prior
association with any of the parties and any personal acquaintance with counsel
for the parties. If the statement reveals facts which suggest the possibility
of bias, the association shall communicate those facts to the parties. The
arbitrator shall then be appointed in accordance with the rules of the
association. [1981 c.857 §5]
     190.760
Procedure during arbitration.
(1) The arbitrator shall regulate the hearing in accordance with the rules of
the American Arbitration Association except that:
     (a) The arbitrator shall take an oath of
office.
     (b) Testimony shall be taken under oath.
     (c) After the first witness is sworn, an
arbitrator may not be disqualified for bias.
     (2) The arbitrator may call a neutral
expert on the arbitratorÂ’s own motion, which expert witness shall be subject to
cross-examination by the parties. The cost of the expert witness is part of the
cost of the proceeding. [1981 c.857 §6]
     190.770
Subpoena procedure. 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 circuit court of the county in which
the witness resides or the circuit court of the county in which the inquiry is
being held to require compliance with the subpoena. The circuit court, in case
of refusal to obey a subpoena, may issue an order requiring the person to
appear and to produce books, records and papers and give evidence on the matter
in question. Failure to obey the order of the court may be punished by the
court as contempt. [1981 c.857 §7]
     190.780
Depositions. 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. [1981 c.857 §8]
     190.790
Relief; briefs; opinion; damages; filing of petition to confirm award. (1) The arbitrator may grant any relief
deemed appropriate.
     (2) 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.
     (3) The arbitrator shall issue a written
opinion and award within 30 days after the close of the hearing or the receipt
of briefs, if ordered.
     (4) Damages or other remedies shall be
without limitation as to nature or amount unless otherwise provided by law.
     (5) A party may file a petition with a
court for confirmation of the award as provided in ORS 36.700. If the dispute
involves real property, the award must be filed in the county or counties in
which the property is located. [1981 c.857 §§9, 10; 1985 c.496 §23; 2003 c.598 §35]
     190.800
Vacation, modification and correction of award. 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. [1981
c.857 §11; 2003 c.598 §36]
     190.900 [1985 c.595 §4; renumbered 658.630 in 1987]
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