Abolishing office of county judge and establishing board of county commissioners in noncharter county
- • referral of order
- • operative date
(1) The county court of any county which has not adopted a county charter pursuant to ORS 203.710 (Performance of functions by officers designated by county law) to 203.770 (Copies of charters and amendments, revisions and repeals), and in which the county judge has no judicial function, may order the office of county judge abolished and create in lieu thereof a third county commissioner. The order shall transfer all powers and duties of the county court and county judge to the board of county commissioners and, unless referred to the people, shall be effective on the date specified therein. The order made under this subsection may be referred to the people of the county for their approval or rejection and, if approved, shall become operative on the date specified in the order referred. The people of the county shall vote on such order at a primary election or general election.
(2) If, in a year in which a county judge is to be elected in the county, the order made under subsection (1) of this section is to become operative:
(a) On or subsequent to the date of the primary election but prior to the general election, then those persons nominated at the primary election for the office of county judge shall be candidates for the office of county commissioner created in the order.
(b) On or subsequent to the date of the regular general election, then the person elected to the office of county judge shall, upon the expiration of the term of office of the county judge holding office at the time the order was approved, take office as the county commissioner created in the order if the order has become operative.
(3) When the order issued under subsection (1) of this section becomes operative, the county judge shall, until the expiration of the term of office of the county judge, serve as the third county commissioner. At the general election next preceding the expiration of the term of office of the county judge there shall be elected, in addition to the two county commissioners provided by law for each county, one county commissioner who shall possess the same qualifications and be subject to the same provisions of law as the other county commissioners.
(4) The order issued under subsection (1) of this section may specify any or all of the following relating to the third commissioner:
(a) Compensation that is different from the other commissioners;
(b) Powers and duties that are different from the other commissioners; and
(c) Service as chairperson of the board of commissioners.
(5) The person serving as county judge on the date the office is abolished shall serve as chairperson of the board of county commissioners until the expiration of the term of office of that person and shall be subject to the same provisions of law as the other county commissioners. [1961 c.571 §1; 1987 c.267 §65; 1995 c.712 §88; 1997 c.277 §1]
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