Oregon Chapter 204
Chapter 204 — County OfficersDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 204 —
2007 EDITION
COUNTIES AND
ELECTION OF
204.005 Election
of county officers
204.010 Terms
of office of county officers
204.013 Numbered
positions for office of county commissioner
204.016 Qualifications
for county offices generally; additional qualifications for surveyor and
assessor
204.017 Election
of county commissioners by numbered position
204.020 When
terms of office commence; filing certificate of election, oath and undertaking
204.065 Appointment
of county judge pro tem
204.070 Oath
of judge pro tem
204.075 Compensation
of judge pro tem
COMPENSATION OF
204.112 County
compensation board; members; compensation review and recommendations
204.116 Compensation
of county officers, deputies and employees to be fixed by county governing
body; disposition of fees
204.121 Compensation
and appointment of officers, deputies and employees in counties subject to
county civil service law
204.126 Change
in compensation of elective officers
DEPUTIES AND OTHER EMPLOYEES
204.601 Number
and appointment of deputies and other employees
204.635 Deputies
of sheriff; special appointments; authority of deputy; liability of sheriff for
certain deputies
ELECTION OF
204.005
Election of county officers.
The following county officers shall be elected at the primary election or
general election, as provided in ORS 249.088:
(1) A sheriff.
(2) A county clerk.
(3) A county assessor.
(4) A county treasurer.
(5) A county surveyor.
(6) A county commissioner to succeed any
commissioner whose term of office expires the following January.
(7) In any county where there is a vacancy
from any cause in the office of county commissioner, an additional commissioner
to fill the vacancy. [Subsection (2) enacted as 1953 c.477 §2; subsection (3)
enacted as 1959 c.174 §3; 1959 c.628 §1; 1961 c.571 §3; subsection (4) enacted
as 1963 c.386 §2; 1965 c.221 §21; 1969 c.532 §3; 1971 c.88 §4; 1983 c.327 §4;
2005 c.797 §29]
204.010
Terms of office of county officers. (1) Except as provided in subsection (2) of this section, the term of
office of each officer mentioned in ORS 204.005 is four years.
(2) When two or more county commissioners
are elected for one county at a general election and one of them is elected to
fill a vacancy, as provided in ORS 204.005 (7), one of them shall hold office
for two years and the others four years. [Amended by 1983 c.327 §13; 1983 c.350
§16; 2005 c.797 §59]
204.013
Numbered positions for office of county commissioner. (1) In each county that has a board of
county commissioners, each office of county commissioner shall be designated by
number as Position No. 1, Position No. 2 or Position No. 3.
(2) After September 2, 1963, in every
county having a board of county commissioners, or when a board of county
commissioners is established in any county, the county clerk shall assign a
position number to each office on the board of county commissioners. The number
so assigned shall be certified by the county clerk to the commissioner in
office holding that position. One copy of the certification shall be sent to
the Secretary of State, and one copy shall be filed in the office of the county
clerk. [1963 c.329 §1]
204.015 [Repealed by 1957 c.555 §1 (204.016 enacted
in lieu of 204.015)]
204.016
Qualifications for county offices generally; additional qualifications for
surveyor and assessor. (1) A
person is not eligible to any office listed in ORS 204.005 unless the person is
a citizen of the United States, an elector under the Oregon Constitution and a
resident of the county wherein the person is elected for the period of one year
next preceding election, except that in counties of less than 25,000 population
the requirement of residency in the county wherein the person is elected does
not apply to the county surveyor.
(2) A person is not eligible to be a
candidate for election or appointment to the office of county surveyor unless
registered under the laws of this state as a registered professional land
surveyor.
(3) A person is not eligible to be a
candidate for election or appointment to the office of county assessor unless:
(a) The person has qualified as a
registered appraiser or is an appraiser trainee under ORS 308.015 and if an
appraiser trainee, notwithstanding ORS 308.015, becomes a registered appraiser
within two years after taking office; and
(b) The person either has two years of
office and accounting experience, including experience in office management
activities, or has two years of full-time employment in the office of a county
assessor.
(4) The Department of Revenue shall
prepare applications and questionnaires, and obtain information it may deem
necessary to determine that a candidate for the office of county assessor has
met the requirements of this section, and shall furnish to applicants suitable
certificates evidencing satisfactory compliance with the required
qualifications. [1957 c.555 §2 (enacted in lieu of 204.015); 1973 c.538 §1;
1975 c.780 §18; 1981 c.113 §1; 1983 c.327 §14; 1983 c.659 §1; 1993 c.270 §2;
2003 c.345 §1; 2005 c.22 §154]
204.017
Election of county commissioners by numbered position. (1) In all proceedings for the nomination or
election of candidates for or to the office of county commissioner in each
county having a board of county commissioners, every petition for nomination,
declaration of candidacy, certificate of nomination or election, ballot or
other document used in connection with the nomination or election shall state
the position number of the office to which the candidate aspires, and the name
of the candidate shall appear on the ballot only for the designated position.
(2) Each elector shall have the right to
vote for only one candidate for each position on the board, and the candidate
for each position receiving the highest number of votes for such position shall
be considered nominated or elected, as the case may be. [1963 c.329 §2]
204.020
When terms of office commence; filing certificate of election, oath and
undertaking. (1) The term of
office of each officer mentioned in ORS 204.005 shall commence on the first
Monday of January next following election to office.
(2) Before entering upon any office listed
in ORS 204.005, the person elected must qualify by filing with the county clerk
of the county in which the person is elected the person’s certificate of
election, with an oath of office indorsed thereon, and subscribed by the
elected person, to the effect that the person will support the Constitution of
the United States and of this state, and faithfully carry out the office being
assumed. The person shall also give and file the undertaking provided for under
subsection (3) of this section.
(3) A county governing body may require,
by ordinance, for the filing by each officer under ORS 204.005, prior to that
officer assuming office, of an official undertaking with such surety as the
governing body determines necessary or of an irrevocable letter of credit
issued by an insured institution, as defined in ORS 706.008, in either case in
a reasonable amount with the county governing body. [Amended by 1981 c.41 §1;
1983 c.327 §15; 1991 c.331 §46; 1997 c.631 §426]
204.025 [Repealed by 1981 c.41 §3]
204.030 [Amended by 1965 c.221 §22; repealed by 1981
c.41 §3]
204.035 [Amended by 1953 c.306 §17; repealed by 1981
c.41 §3]
204.040 [Repealed by 1981 c.41 §3]
204.045 [Repealed by 1971 c.88 §8]
204.050 [Repealed by 1981 c.41 §3]
204.055 [Repealed by 1981 c.41 §3]
204.060 [Repealed by 1981 c.41 §3]
204.065
Appointment of county judge pro tem. Whenever because of illness or injury an elected county judge is
incapacitated and unable to perform the duties of office, and such facts are
made to appear by the affidavit of one or more physicians, licensed to practice
in this state, filed in the office of the Secretary of State, the Governor
shall appoint some competent and qualified person county judge pro tem, who
shall serve until the termination of the incapacity of the elected county judge
has been evidenced in the same manner as the incapacity was originally
evidenced, or until the expiration of the term of office, whichever shall first
occur, or until the appointment may be revoked for cause by the Governor. Such
appointment shall not vacate the office of the elected county judge nor
discontinue the salary of the elected county judge.
204.070
Oath of judge pro tem.
Before entering upon the performance of the duties of county judge pro tem, the
appointee shall subscribe and file in the office of the county clerk the same
oath of office required of an elected county judge.
204.075
Compensation of judge pro tem.
A county judge pro tem shall receive from the county compensation for services
at the same rate and in the same manner as the elected county judge.
204.101 [1953 c.306 §1; 1965 c.89 §1; repealed by
1981 c.48 §8]
204.105 [Repealed by 1953 c.306 §18]
204.110 [Repealed by 1953 c.306 §18]
204.111 [1953 c.306 §5; repealed by 1981 c.48 §8]
COMPENSATION
OF
204.112
County compensation board; members; compensation review and recommendations. (1) Each county governing body shall appoint
a county compensation board. A county compensation board shall consist of from
three to five members, who are knowledgeable in personnel and compensation
management.
(2) The county compensation board shall
annually recommend a compensation schedule for the county elective officers
mentioned in ORS 204.005.
(3) The county compensation board shall
annually review the compensation paid to persons comparably employed by the
State of
(4) Notwithstanding subsections (1) to (3)
of this section, the sheriff’s salary shall be fixed in an amount which is not
less than that for any member of the sheriff’s department. [1989 c.941 §1]
204.115 [Repealed by 1953 c.306 §18]
204.116
Compensation of county officers, deputies and employees to be fixed by county
governing body; disposition of fees. (1) Except as otherwise provided by law, the governing body of each
county shall fix the compensation of its own members and of every other county
officer, deputy and employee when the compensation of such individuals is paid
from county funds.
(2) Any commission, fees or other moneys
received by a county officer, deputy or employee for services rendered in the
course of that individual’s office or employment shall not be allowed to or
retained by that individual, but shall promptly be paid into the county
treasury except:
(a) For compensation fixed under
subsection (1) of this section;
(b) As otherwise determined by the
governing body of the county; or
(c) As otherwise provided by ORS 106.120
or 205.320 (6). [1981 c.48 §2; 1997 c.253 §2; 1997 c.424 §2; 1999 c.776 §4;
2001 c.501 §8]
204.120 [Renumbered 204.241]
204.121
Compensation and appointment of officers, deputies and employees in counties
subject to county civil service law. It is the intent of the Legislative Assembly that no provision of ORS
204.112, 204.116, 204.126 or 204.601 shall supersede any provision of the
county civil service law, and when any conflict arises between any provision of
ORS 204.112, 204.116, 204.126 or 204.601 and any provision of the county civil
service law, then the county civil service law shall prevail. [1953 c.306 §10;
1981 c.48 §4; 1989 c.941 §2]
204.125 [Repealed by 1953 c.306 §18]
204.126
Change in compensation of elective officers. (1) The compensation of any elective county officer shall remain in
effect unless changed with the approval of the county budget committee or tax
supervising and conservation commission.
(2) Before any change in the compensation
of an elective county officer is effective, it must be submitted to and
approved by the county budget committee or tax supervising and conservation
commission at a regular meeting or at a special meeting called for that
purpose. [1981 c.48 §3]
204.130 [Repealed by 1953 c.306 §18]
204.131 [1953 c.306 §2; 1961 c.395 §1; 1977 c.345 §1;
repealed by 1981 c.48 §8]
204.135 [Repealed by 1953 c.306 §18]
204.140 [Repealed by 1953 c.306 §18]
204.141 [1953 c.306 §3; 1977 c.345 §2; repealed by
1981 c.48 §8]
204.145 [Repealed by 1953 c.306 §18]
204.150 [Repealed by 1953 c.306 §18]
204.151 [1953 c.306 §4; repealed by 1981 c.48 §8]
204.155 [Repealed by 1953 c.306 §18]
204.160 [Repealed by 1953 c.306 §18]
204.165 [Repealed by 1953 c.306 §18]
204.170 [Repealed by 1953 c.306 §18]
204.175 [Repealed by 1953 c.306 §18]
204.180 [Repealed by 1953 c.306 §18]
204.185 [Repealed by 1953 c.306 §18]
204.190 [Repealed by 1953 c.306 §18]
204.195 [Repealed by 1953 c.306 §18]
204.200 [Repealed by 1953 c.306 §18]
204.205 [Repealed by 1953 c.306 §18]
204.210 [Repealed by 1953 c.306 §18]
204.215 [Repealed by 1953 c.306 §18]
204.220 [Repealed by 1953 c.306 §18]
204.225 [Repealed by 1953 c.306 §18]
204.230 [Repealed by 1953 c.306 §18]
204.235 [Repealed by 1953 c.306 §18]
204.240 [Repealed by 1953 c.306 §18]
204.241 [Formerly 204.120; repealed by 1979 c.492 §1]
204.245 [Amended by 1965 c.251 §3; repealed by 1979
c.492 §1]
204.250 [Repealed by 1979 c.492 §1]
204.255 [Amended by 1965 c.251 §4; repealed by 1979
c.492 §1]
204.260 [Repealed by 1979 c. 492 §1]
204.265 [Amended by 1963 c.519 §25; repealed by 1979
c.492 §1]
204.270 [Repealed by 1953 c.306 §18]
204.275 [Repealed by 1953 c.306 §18]
204.280 [Repealed by 1953 c.306 §18]
204.285 [Repealed by 1953 c.306 §18]
204.290 [Repealed by 1953 c.306 §18]
204.295 [Repealed by 1953 c.306 §18]
204.300 [Repealed by 1953 c.306 §18]
204.305 [Repealed by 1953 c.306 §18]
204.310 [Repealed by 1953 c.306 §18]
204.315 [Repealed by 1953 c.306 §18]
204.320 [Repealed by 1953 c.306 §18]
204.325 [Repealed by 1953 c.306 §18]
204.330 [Repealed by 1953 c.306 §18]
204.335 [Repealed by 1981 c.48 §8]
204.401 [1953 c.306 §8; repealed by 1979 c. 492 §1]
204.405 [Repealed by 1953 c.306 §18]
204.410 [Amended by 1965 c.221 §23; 1973 c.417 §1;
repealed by 1977 c. 127 §1]
204.412 [Repealed by 1977 c.127 §1]
204.415 [Repealed by 1977 c.127 §1]
204.420 [Repealed by 1957 c.78 §1 (204.421 enacted in
lieu of 204.420)]
204.421 [1957 c.78 §2 (enacted in lieu of 204.420);
renumbered 206.315]
204.425 [Renumbered 206.325]
204.430 [Repealed by 1953 c.306 §18]
204.435 [Repealed by 1953 c.306 §18]
204.440 [Repealed by 1953 c.306 §18]
204.445 [Repealed by 1979 c. 492 §1]
204.450 [Repealed by 1953 c.306 §18]
204.455 [Repealed by 1953 c.306 §18]
204.460 [Repealed by 1953 c.306 §18]
204.465 [Repealed by 1953 c.306 §18]
204.470 [Repealed by 1953 c.306 §18]
204.475 [Repealed by 1953 c.306 §18]
204.480 [Repealed by 1953 c.306 §18]
204.485 [Repealed by 1953 c.306 §18]
204.490 [Repealed by 1953 c.306 §18]
204.495 [Repealed by 1953 c.306 §18]
204.500 [Repealed by 1953 c.306 §18]
204.505 [Repealed by 1953 c.306 §18]
204.510 [Repealed by 1953 c.306 §18]
204.515 [Repealed by 1953 c.306 §18]
204.520 [Repealed by 1953 c.306 §18]
204.525 [Repealed by 1979 c. 492 §1]
204.530 [Repealed by 1953 c.306 §18]
204.535 [Repealed by 1953 c.306 §18]
204.540 [Repealed by 1953 c.306 §18]
204.545 [Repealed by 1953 c.306 §18]
204.550 [Repealed by 1953 c.306 §18]
204.555 [Repealed by 1953 c.306 §18]
DEPUTIES AND
OTHER EMPLOYEES
204.601
Number and appointment of deputies and other employees. (1) The county court or board of county
commissioners of each county shall fix the number of deputies and employees of
county officers whose compensation is to be paid from county funds.
(2) All such deputies and employees shall
be appointed by such county officer, and shall hold office during the pleasure
of the appointing officer. [1953 c.306 §9]
204.605 [Repealed by 1953 c.306 §18]
204.610 [Repealed by 1953 c.306 §18]
204.615 [Repealed by 1953 c.306 §18]
204.620 [Repealed by 1953 c.306 §18]
204.625 [Repealed by 1977 c.168 §6]
204.630 [Amended by 1977 c.168 §1; repealed by 1981
c.48 §8]
204.635
Deputies of sheriff; special appointments; authority of deputy; liability of
sheriff for certain deputies.
(1) A sheriff’s deputies shall be appointed by the sheriff in writing and
continue during the pleasure of the sheriff. The sheriff of any county may
appoint deputies in the county for the purpose only, and with authority only,
to receive and serve summons and civil process in any suit or action. A
certified copy of the appointment of a deputy sheriff shall be filed with the
county clerk, and the person appointed shall, before entering upon the duties
of the office, take and file with the county clerk the oath of office.
(2) A sheriff may also, by special written
appointment, authorize any other person to do any particular act. A certified
copy of such appointment shall be filed with the county clerk, unless indorsed
upon the process, order or other paper so authorized to be served or executed.
(3) A deputy has the power to perform any
act or duty that the principal has, and a person specially appointed to do a
particular act has the same power in relation to the particular act authorized.
The principal is responsible for the conduct of such deputy or person specially
appointed except as provided in subsection (4) of this section.
(4) In counties having a civil service
system covering deputy sheriffs, the sheriff shall not be responsible for the
conduct of deputy sheriffs or persons specially appointed as provided in
subsection (2) of this section. [Amended by 1963 c.331 §12]
204.640 [Repealed by 1981 c.48 §8]
204.645 [Amended by 1953 c.306 §17; repealed by 1965
c.221 §27]
204.650 [Repealed by 1981 c.48 §8]
204.655 [Repealed by 1953 c.306 §18]
204.660 [Repealed by 1953 c.306 §18]
204.665 [Repealed by 1953 c.306 §18]
204.670 [Repealed by 1953 c.306 §18]
204.675 [Repealed by 1953 c.306 §18]
204.680 [Repealed by 1953 c.306 §18]
204.685 [Amended by 1961 c.559 §1; repealed by 1979
c. 492 §1]
204.690 [Repealed by 1953 c.306 §18]
204.695 [Repealed by 1953 c.306 §18]
204.700 [Amended by 1963 c.519 §26; repealed by 1979
c.492 §1]
204.801 [1953 c.306 §6; repealed by 1981 c.48 §8]
204.805 [Repealed by 1981 c.48 §8]
204.810 [Repealed by 1953 c.306 §18]
204.815 [Repealed by 1953 c.306 §18]
204.820 [Repealed by 1979 c.492 §1]
204.825 [Repealed by 1953 c.306 §18]
204.830 [Repealed by 1953 c.306 §18]
204.835 [Repealed by 1953 c.306 §18]
204.840 [Repealed by 1953 c.306 §18]
204.845 [Repealed by 1979 c.492 §1]
204.850 [Repealed by 1979 c.492 §1]
204.855 [Amended by 1957 c.359 §2; 1963 c.519 §27;
1965 c.619 §36; repealed by 1979 c.492 §1]
204.860 [Repealed by 1953 c.306 §18]
204.865 [Repealed by 1953 c.306 §18]
204.870 [Amended by 1963 c.519 §28; repealed by 1981
c.48 §8]
204.905 [Amended by 1963 c.519 §29; repealed by 1979
c.492 §1]
204.910 [Amended by 1959 c.53 §1; 1963 c.519 §30;
repealed by 1979 c.492 §1]
204.915 [Repealed by 1959 c.53 §3]
204.920 [1955 c.441 §1; 1959 c.53 §2; 1963 c.519 §31;
1965 c.344 §28; 1979 c.190 §405; repealed by 1979 c.492 §1]
_______________