Chapter 204

      204.016

ATTY. GEN. OPINIONS: Qualifications required for newly elected county assessor, (1974) Vol 36, p 898

      204.121

ATTY. GEN. OPINIONS: Increased salaries for elected county officials improper, (1976) Vol 37, p 1142

      204.126

ATTY. GEN. OPINIONS

Under former similar statute (ORS 204.141)

      Applicability to elective officers of home rule county, (1978) Vol 39, p 428

      204.141

See annotations under ORS 204.126.

      204.601

NOTES OF DECISIONS

      The Due Process Clause of the U.S. Const., 14 Am., does not require a public employer to grant an employe holding “office during the pleasure of the appointing officer” a hearing on the grounds for his discharge. Schlichting v. Bergstrom, 13 Or App 562, 511 P2d 846 (1973)

      Except for substantive constitutional limitations a public employer can base personnel decisions concerning probationary employes on any reason or no reason; hence, judicial review is not available to a person employed by authority of this section who alleges his discharge was “arbitrary.” Schlichting v. Bergstrom, 13 Or App 562, 511 P2d 846 (1973)

      When state statute mandates service and requires counties to provide funding for it, but does not specify service level, amount of funding or alternative method of determining amount of funding, statute necessarily leaves at least budgetary decision over amount of funding to county governing bodies. Burks v. Lane County, 72 Or App 257, 695 P2d 1373 (1985)

      County, by adopting personnel rules, could impose conditions of due process or cause on sheriff’s authority under this section and ORS 204.635 to appoint or terminate employment of deputy sheriffs. Graves v. Arnado, 307 Or 358, 768 P2d 910 (1989)

      Where sheriff retains full authority under this section and ORS 204.635 and is liable for conduct of deputy, sheriff’s statutory authority to appoint or terminate employment of deputies may not be limited by predecessor sheriff’s action. Graves v. Arnado, 307 Or 358, 768 P2d 910 (1989)

ATTY. GEN. OPINIONS: Property interest of county employes as requiring due process protection in terminations, (1977) Vol 38, p 1356

LAW REVIEW CITATIONS: 51 OLR 48 (1971)

      204.635

NOTES OF DECISIONS

      County, by adopting personnel rules, could impose conditions of due process or cause on sheriff’s authority under this section and ORS 204.601 to appoint or terminate employment of deputy sheriffs. Graves v. Arnado, 307 Or 358, 768 P2d 910 (1989)

      Where sheriff retains full authority under this section and ORS 204.601 and is liable for conduct of deputy, sheriff’s statutory authority to appoint or terminate employment of deputies may not be limited by predecessor sheriff’s action. Graves v. Arnado, 307 Or 358, 768 P2d 910 (1989)

LAW REVIEW CITATIONS: 51 OLR 48 (1971)