2017 ORS 419A.010¹
Appointment of counselors and director
  • juvenile director oversight committee

(1)(a) Subject to paragraph (b) of this subsection, the governing body of any county, after consultation with the judges of the juvenile court in that county, shall appoint or designate one or more persons of good moral character as counselors of the juvenile department of the county, to serve at the pleasure of and at a salary designated by the governing body of the county.

(b) The governing bodies of two or more contiguous counties may, pursuant to an agreement between the counties concerned, and after consultation with the judges of the juvenile courts in those counties, jointly appoint one or more persons of good moral character as counselors of the juvenile departments of the counties, to serve at the pleasure of and at a salary designated by the governing bodies of the counties concerned.

(c) When more than one person is appointed under this subsection, the appointing authority may designate one as director of the juvenile department or departments and the others to serve as juvenile counselors or staff members.

(d) Additional qualifications for a person appointed director of a juvenile department of a county under this subsection may be established by the governing body of a county, subject to the approval of such qualifications by the judge of the juvenile court in that county.

(e) When the chairperson of the governing body of the county is also the judge of the juvenile court under ORS 5.020 (Juvenile court jurisdiction in certain counties), only the judge shall make the decisions described in this subsection.

(2) The director shall be the administrator of the juvenile department or departments for the county or counties, including any juvenile detention facilities maintained by the county or by the counties jointly, and the supervisor of the staff of the juvenile department or departments and detention facilities, subject to the direction of the appointing authority.

(3) Notwithstanding subsection (2) of this section, if the county has entered into a written agreement under ORS 190.010 (Authority of local governments to make intergovernmental agreement) with any other unit or units of local government to coordinate juvenile detention facilities established under ORS 419A.010 (Appointment of counselors and director) to 419A.020 (County responsibility for expenses of juvenile department) and 419A.050 (Authority to acquire, equip and maintain detention and shelter facilities) to 419A.063 (Requirements for detention facilities) for the detention of children, wards, youths or youth offenders pursuant to a judicial commitment or order, a juvenile director oversight committee may assume the duties and powers described in subsection (2) of this section and ORS 419A.012 (Duties of director or counselor), 419A.014 (Reports by juvenile department), 419A.015 (Reports to school administrators concerning youth offenders on probation) and 419A.016 (Powers of director or counselor) if the following requirements have been met:

(a) The agreement to coordinate juvenile detention facilities provides for the formation and operation of a juvenile director oversight committee;

(b) A juvenile director oversight committee consisting of the juvenile director of each county that has entered into the agreement has been formed; and

(c) Each juvenile director has an equal vote on the juvenile director oversight committee. [1993 c.33 §4; 1993 c.546 §3; 2009 c.580 §1]

Notes of Decisions

Under Former Similar Statute

Personnel serving at pleasure of appointing authority are not subject to termina­tion protec­tions applicable to classified employees. Fritz v. Norblad, 566 F. Supp. 1459 (1983)

1 Legislative Counsel Committee, CHAPTER 419A—Juvenile Code: General Provisions and Definitions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 419A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.