Article VI

Section 1




      Statutory provision (ORS 243.752) which binds parties in public employe labor disputes, where strikes are prohibited, to arbitrator’s decision is not unconstitutional delegation of legislative power under this section. Medford Firefighters Ass’n v. City of Medford, 40 Or App 519, 595 P2d 1268 (1979), Sup Ct review denied


ATTY. GEN. OPINIONS: Treasurer of State, who will have held office for six consecutive years by next general election, is not eligible for election to four year term in office at next general election because service of that term would exceed eight year limit of this section, (2014) No. 8288


Art. VI, Section 2


ATTY. GEN. OPINIONS: Permanent custody of original laws and joint resolutions resting with the Secretary of State, (1971) Vol 35, p 914; power of Legislative Assembly to limit scope of audit conducted by Secretary of State or to delegate audit function to any other branch of government, (1979) Vol 39, p 698; State Accident Insurance Fund Corporation as subject to audit by Secretary of State, (1984) Vol 44, p 73; duty or authority of Secretary of State to conduct performance audits, (1985) Vol. 44, p 381; duty of Secretary of State as Auditor of Public Accounts to report to legislature recommendations promoting better management of fiscal affairs of state, (1989) Vol 46, p 315; responsibility of school districts for cost of audits conducted by Secretary of State, (1995) Vol 47, p 224


Art. VI, Section 3


      Correction: The permanent edition incorrectly cites Kinney v. General Construction Co., 248 Or 500, 435 P2d 297 (1968), under this section. The case is correctly placed under “FURTHER CITATIONS,” Article VII (Amended), Section 3, in the permanent edition.


Art. VI, Section 7




      Election or appointment of officers in “manner as may be prescribed by law” is intended to confer authority to provide details of time and manner for election or appointment. State ex rel Smith v. Hitt, 291 Or App 750, 424 P3d 749 (2018)


Art. VI, Section 8




      Requirement that county office holder be elector of county applies to all county officers. State ex rel Smith v. Hitt, 291 Or App 750, 424 P3d 749 (2018)


      Qualifications established by this section for holding county office may not be supplemented by other sources of law. State ex rel Smith v. Hitt, 291 Or App 750, 424 P3d 749 (2018)


ATTY. GEN. OPINIONS: Qualifications required for newly elected county assessor, (1974) Vol 36, p 898; validity of requirement that vacancy in partisan elective county office be filled by member of same party as predecessor, (1975) Vol 37, p 505; residency requirements of local government officers, (1976) Vol 37, p 1232


Art. VI, Section 10




      Voters of home-rule counties have the right to referendum on all ordinances regulating taxation; that right may not be defeated by the declaration of an emergency in the enactment of such legislation. Multnomah County v. Mittleman, 275 Or 545, 552 P2d 242 (1976)


      Officers provided by county charter are mandated by this section to perform all duties which are granted to or imposed upon any county officer by constitution or laws of Oregon. Multnomah County v. Dept. of Revenue, 8 OTR 422 (1980)


      The proper appealing party from an order of Multnomah County Board of Equalization must be Director of Department of Administrative Services, or deputy or assistant director. Multnomah County v. Dept. of Revenue, 8 OTR 422 (1980)


      State’s preemption of all functions of office of district court clerk through Court Reorganization Act preempted Multnomah County Home Rule charter provision for election of district court clerk and defendant was not entitled to salary for the position. Buchanan v. Wood, 79 Or App 722, 720 P2d 1285 (1986), Sup Ct review denied


      Statutory provisions governing county comprehensive plan adoption did not impermissibly invade county’s home rule powers under this section. 1000 Friends of Oregon v. Wash. Co., 80 Or App 34, 720 P2d 1316 (1986), Sup Ct review denied


      Acts of Environmental Quality Commission and municipalities in adopting order and resolutions under ORS 454.275 to 454.380 were administrative, not legislative, acts, and voters were not entitled to right of initiative and referendum. United Citizens v. Oregon Environmental Quality Commission, 104 Or App 51, 799 P2d 665 (1990), Sup Ct review denied


      “Matters of county concern” does not include regulation of conduct of state or federal officials within county. State v. Logsdon, 165 Or App 28, 995 P2d 1178 (2000), Sup Ct review denied


ATTY. GEN. OPINIONS: Authority of voters to initiate a county charter, (1971) Vol 35, p 986; changing regular eight-hour day and 40-hour week without overtime pay, (1972) Vol 35, p 1291; authority of home rule counties as substantially equal to that of home rule cities; validity of excise tax on utilities, (1972) Vol 36, p 131; non “home rule” county courts or commissions general legislative powers, (1974) Vol 36, p 1070; initiative question of advisory nature on ballot, (1974) Vol 37, p 14; power of home-rule county to provide method of filling vacancy in county office, (1974) Vol 37, p 280; county regulation of activities resulting in soil erosion, (1975) Vol 37, p 819; authority to audit business records, (1976) Vol 38, p 103; limitation of proposed county charter amendment placed before voters to one subject, (1979) Vol 39, p 605; local government authority to force evacuation of fire-threatened areas, (1996) Vol 48, p 27


LAW REVIEW CITATIONS: 51 OLR 33 (1971); 10 WLJ 103 (1973); 67 OLR 112 (1988)