reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.172 - Siting casino in incorporated city.

(1) As used in this section:
(a) "Casino" means a facility in which casino games, as defined in ORS 167.117, are played for the purpose of gambling.
(b) "Tribal casino" means a facility used for:
(A) Class I gaming or class II gaming regulated by the Indian Gaming Regulatory Act of October 17, 1988 (25 U.S.C. 2701 et seq.);
(B) Class III gaming conducted under a tribal-state compact approved by the Secretary of the Interior under section 11(d)(8) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(8)); or
(C) Gaming conducted in accordance with the Indian Gaming Regulatory Act and federal regulations.
(2) A casino may not be sited on land in an incorporated city unless the electors of the city approve the development.
(3) Before a permit, as defined in ORS 227.160, can be approved authorizing a proposed development of land in an incorporated city as a site for a casino, the governing body of the city that contains the site shall submit the question of siting the casino to the electors of the city for approval or rejection.
(4) Subsections (2) and (3) of this section do not apply to a tribal casino. [2007 c.724 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.173 - Basis for decision on permit application or expedited land division; statement of reasons for approval or denial.

(1) Approval or denial of a discretionary permit application shall be based on standards and criteria, which shall be set forth in the development ordinance and which shall relate approval or denial of a discretionary permit application to the development ordinance and to the comprehensive plan for the area in which the development would occur and to the development ordinance and comprehensive plan for the city as a whole.
(2) When an ordinance establishing approval standards is required under ORS 197A.200 and 197A.400 to provide only clear and objective standards, the standards must be clear and objective on the face of the ordinance.
(3) Approval or denial of a permit application or expedited land division shall be based upon and accompanied by a brief statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision and explains the justification for the decision based on the criteria, standards and facts set forth.
(4) Written notice of the approval or denial shall be given to all parties to the proceeding. [1977 c.654 §5; 1979 c.772 §10b; 1991 c.817 §16; 1995 c.595 §29; 1997 c.844 §6; 1999 c.357 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.179 - Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days; jurisdiction; notice of petition.

(1) Except when an applicant requests an extension under ORS 227.178 (5), if the governing body of a city or its designee does not take final action on an application for a permit, limited land use decision or zone change within 120 days after the application is deemed complete, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted to compel the governing body or its designee to issue the approval.
(2) The governing body shall retain jurisdiction to make a land use decision on the application until a petition for a writ of mandamus is filed. Upon filing a petition under ORS 34.130, jurisdiction for all decisions regarding the application, including settlement, shall be with the circuit court.
(3) A person who files a petition for a writ of mandamus under this section shall provide written notice of the filing to all persons who would be entitled to notice under ORS 197.797 and to any person who participated orally or in writing in any evidentiary hearing on the application held prior to the filing of the petition. The notice shall be mailed or hand delivered on the same day the petition is filed.
(4) If the governing body does not take final action on an application within 120 days of the date the application is deemed complete, the applicant may elect to proceed with the application according to the applicable provisions of the local comprehensive plan and land use regulations or to file a petition for a writ of mandamus under this section. If the applicant elects to proceed according to the local plan and regulations, the applicant may not file a petition for a writ of mandamus within 14 days after the governing body makes a preliminary decision, provided a final written decision is issued within 14 days of the preliminary decision.
(5) The court shall issue a peremptory writ unless the governing body or any intervenor shows that the approval would violate a substantive provision of the local comprehensive plan or land use regulations as those terms are defined in ORS 197.015. The writ may specify conditions of approval that would otherwise be allowed by the local comprehensive plan or land use regulations. [1999 c.533 §10; 2003 c.150 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.181 - Final action required within 120 days following remand of land use decision.

(1) Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a city, the governing body of the city or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subsection, the effective date of the final order is the last day for filing a petition for judicial review of a final order of the board under ORS 197.850 (3). If judicial review of a final order of the board is sought under ORS 197.830, the 120-day period established under this subsection shall not begin until final resolution of the judicial review.
(2)(a) In addition to the requirements of subsection (1) of this section, the 120-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the city proceed with the application on remand, but if the city does not receive the request within 180 days of the effective date of the final order or the final resolution of the judicial review, the city shall deem the application terminated.
(b) The 120-day period established under subsection (1) of this section may be extended for up to an additional 365 days if the parties enter into mediation as provided by ORS 197.860 prior to the expiration of the initial 120-day period. The city shall deem the application terminated if the matter is not resolved through mediation prior to the expiration of the 365-day extension.
(3) The 120-day period established under subsection (1) of this section applies only to decisions wholly within the authority and control of the governing body of the city.
(4) Subsection (1) of this section does not apply to a remand proceeding concerning a decision of the city making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610. [1999 c.545 §5; 2011 c.280 §13; 2015 c.522 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.182 - Petition for writ of mandamus authorized when city fails to take final action within 120 days of remand of land use decision.

(1) If the governing body of a city or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 227.181, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 is filed, unless the court has been advised by the parties that the matter has been settled.
(2) A writ of mandamus issued under this section shall order the governing body of the city or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate.
(3) In a mandamus proceeding under this section the court shall award court costs and attorney fees to an applicant who prevails on a petition under this section. [1999 c.545 §6; 2015 c.522 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.184 - Supplemental application for remaining permitted uses following denial of initial application.

(1) A person whose application for a permit is denied by the governing body of a city or its designee under ORS 227.178 may submit to the city a supplemental application for any or all other uses allowed under the city’s comprehensive plan and land use regulations in the zone that was the subject of the denied application.
(2) The governing body of a city or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within 240 days after the application is deemed complete. Except that 240 days shall substitute for 120 days, all other applicable provisions of ORS 227.178 shall apply to a supplemental application submitted under this section.
(3) A supplemental application submitted under this section shall include a request for any rezoning or zoning variance that may be required to issue a permit under the city’s comprehensive plan and land use regulations.
(4) The governing body of a city or its designee shall adopt specific findings describing the reasons for approving or denying:
(a) A use for which approval is sought under this section; and
(b) A rezoning or variance requested in the application. [1999 c.648 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.185 - Transmission tower; location; conditions.

The governing body of a city or its designee may allow the establishment of a transmission tower over 200 feet in height in any zone subject to reasonable conditions imposed by the governing body or its designee. [1983 c.827 §27a; 2019 c.13 §35]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.188 - Amendments to city comprehensive plan map.

(1) A city governing body may authorize the planning commission or hearings officer to conduct hearings and make final decisions on applications for amendments to the city comprehensive plan map.
(2)(a) A final decision of the planning commission or hearings officer made under subsection (1) of this section may be appealed to or reviewed by the city governing body.
(b) A person may appeal or petition for review of a final decision to the city governing body under this subsection if the person appeared or participated in the proceedings of the planning commission or hearings officer orally or in writing.
(3) This section is not subject to the provisions of ORS 227.178 or 227.179.
(4) A decision of a planning commission, hearings officer or city governing body under this section shall comply with the post-acknowledgment procedures set forth in ORS 197.610 to 197.625.
(5) This section does not apply to:
(a) Any plan map amendment for which an exception is required under ORS 197.732;
(b) Any lands designated under a statewide planning goal addressing agricultural lands or forestlands; or
(c) An expansion of an urban growth boundary.
(6) A decision of a city governing body issued on appeal under subsection (2) of this section is subject to review by the Land Use Board of Appeals under ORS 197.830 to 197.845. [2017 c.432 §2]
Note:
227.188 was added to and made a part of ORS chapter 227 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.190 - Solar access ordinances; purpose; standards.

(1) City councils may adopt and implement solar access ordinances. The ordinances shall provide and protect to the extent feasible solar access to the south face of buildings during solar heating hours, taking into account latitude, topography, microclimate, existing development, existing vegetation and planned uses and densities. The city council shall consider for inclusion in any solar access ordinance, but not be limited to, standards for:
(a) The orientation of new streets, lots and parcels;
(b) The placement, height, bulk and orientation of new buildings;
(c) The type and placement of new trees on public street rights of way and other public property; and
(d) Planned uses and densities to conserve energy, facilitate the use of solar energy, or both.
(2) The State Department of Energy shall actively encourage and assist city councils’ efforts to protect and provide for solar access.
(3) As used in this section, "solar heating hours" means those hours between three hours before and three hours after the sun is at its highest point above the horizon on December 21. [1981 c.722 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.215 - Regulation of development.

(1) As used in this section, "development" means a building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, including partitions and subdivisions as provided in ORS 92.010 to 92.285, and creating or terminating a right of access.
(2) A city may plan and otherwise encourage and regulate the development of land. A city may adopt an ordinance requiring that whatever land development is undertaken in the city comply with the requirements of the ordinance and be undertaken only in compliance with the terms of a development permit.
(3) A development ordinance may provide for:
(a) Development for which a permit is granted as of right on compliance with the terms of the ordinance;
(b) Development for which a permit is granted discretionarily in accordance and consistent with the requirements of ORS 227.173;
(c) Development which need not be under a development permit but shall comply with the ordinance; and
(d) Development which is exempt from the ordinance.
(4) The ordinance may divide the city into districts and apply to all or part of the city. [1975 c.767 §11 (enacted in lieu of 227.220 to 227.270); 1977 c.654 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.283 - Regulations applicable to resumption of nonconforming uses.

City land use regulations that allow the resumption of a nonconforming use after its interruption or abandonment may not consider a use interrupted or abandoned during the time that a federal, state or local emergency order limits or prohibits the use or the repair or replacement of the use. [2021 c.25 §2]
Note:
Section 4, chapter 25, Oregon Laws 2021, provides:
Sec. 4.
Section 2 of this 2021 Act [227.283] and the amendments to ORS 215.130 by section 3 of this 2021 Act apply to uses limited or prohibited by federal, state or local emergency orders issued on or after January 1, 2020. [2021 c.25 §4]
Note:
227.283 was added to and made a part of ORS chapter 227 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Note:
Sections 5 and 6, chapter 25, Oregon Laws 2021, provide:
Sec. 5. Restoration or replacement of uses lost to 2020 wildfires.
Restoration or replacement of a use under ORS 215.130 (5) or under city land use regulations that allow the restoration or reestablishment of a nonconforming use, including under section 2 of this 2021 Act [227.283], must commence no later than September 30, 2025, notwithstanding the time limitation under ORS 215.130 (6) or any other local land use regulation if the restoration is for uses that between September 1 and September 30, 2020, were damaged or destroyed by wildfires that were:
(1) The subject of a federal or state major disaster declaration; or
(2) Subject to a Governor’s executive order invocating the Emergency Conflagration Act under ORS 476.510 to 476.610. [2021 c.25 §5]
Sec. 6.
Section 5 of this 2021 Act is repealed January 2, 2026. [2021 c.25 §6]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.286 - Regulations applicable to public property.

City ordinances regulating the location, construction, maintenance, repair, alteration, use and occupancy of land and buildings and other structures shall apply to publicly owned property, except as the ordinances prescribe to the contrary. [1969 c.460 §3 (enacted in lieu of 227.285); 1975 c.767 §12]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.290 - Building setback lines established by city council; criteria.

(1) The council or other governing body of any incorporated city, under an exercise of its police powers, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway or other public way in such city. It may make it unlawful and provide a penalty for erecting after said establishment any building or structure closer to the street line than such setback line, except as may be expressly provided by ordinance. The council or body shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons owning property affected before establishing any such setback line. Such setback lines may be established without requiring a cutting off or removal of buildings existing at the time.
(2) The council may consider, in enacting ordinances governing building setback lines, the site slope and tree cover of the land with regard to solar exposure. The council shall not restrict construction where site slope and tree cover make incident solar energy collection unfeasible, except an existing solar structure’s sun plane shall not be substantially impaired.
(3) The council may consider, in enacting ordinances governing building setback lines and maximum building height, the impact on available wind resources. The ordinances shall protect an existing wind energy system’s wind source to the extent feasible.
(4) The powers given in this section shall be so exercised as to preserve constitutional rights. [Amended by 1979 c.671 §4; 1981 c.590 §9]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.300 - Use of eminent domain power to establish setback lines.

The council or other governing body of any incorporated city, under an exercise of the power of eminent domain, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway, or other public way in such city in cases where the establishment of such setback lines is for street widening purposes, and in cases where the establishment of such setback lines affects buildings or structures existing at the time. The council or other governing body of the city shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons whose property is affected by such establishment. In case of the exercise of the power of eminent domain, provision shall be made for ascertaining and paying just compensation for any damages caused as the result of establishing such setback lines.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.350 - Notice of proposed wetlands development; exception; approval by city.

(1) After the Department of State Lands has provided the city with a copy of the applicable portions of the Statewide Wetlands Inventory, the city shall provide notice to the department, the applicant and the owner of record, within five working days of the acceptance of any complete application for the following activities that are wholly or partially within areas identified as wetlands on the Statewide Wetlands Inventory:
(a) Subdivisions;
(b) Building permits for new structures;
(c) Other development permits and approvals that allow physical alteration of the land involving excavation and grading, including permits for removal or fill, or both, or development in floodplains and floodways;
(d) Conditional use permits and variances that involve physical alterations to the land or construction of new structures; and
(e) Planned unit development approvals.
(2) The provisions of subsection (1) of this section do not apply if a permit from the department has been issued for the proposed activity.
(3) Approval of any activity described in subsection (1) of this section shall include one of the following notice statements:
(a) Issuance of a permit under ORS 196.600 to 196.921 by the department required for the project before any physical alteration takes place within the wetlands;
(b) Notice from the department that no permit is required; or
(c) Notice from the department that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.
(4) If the department fails to respond to any notice provided under subsection (1) of this section within 30 days of notice, the city approval may be issued with written notice to the applicant and the owner of record that the proposed action may require state or federal permits.
(5) The city may issue local approval for parcels identified as or including wetlands on the Statewide Wetlands Inventory upon providing to the applicant and the owner of record of the affected parcel a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing the department with a copy of the notification of comprehensive plan map or zoning map amendments for specific properties.
(6) Notice of activities authorized within an approved wetland conservation plan shall be provided to the department within five days following local approval.
(7) Failure by the city to provide notice as required in this section will not invalidate city approval. [1989 c.837 §31; 1991 c.763 §26]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.400 - Truck routes; procedures for establishment or revision; notice; hearing.

(1) A city council shall not establish a new truck route or revise an existing truck route within the city unless the council first provides public notice of the proposed truck route and holds a public hearing concerning its proposed action.
(2) The city council shall provide notice of a public hearing held under this section by publishing notice of the hearing once a week for two consecutive weeks in some newspaper of general circulation in the city. The second publication of the notice must occur not later than the fifth day before the date of the public hearing.
(3) The notice required under this section shall state the time and place of the public hearing and contain a brief and concise statement of the proposed formation of the truck route, including a description of the roads and streets in the city that will form the truck route.
(4) As used in this section:
(a) "Truck" includes motor truck, as defined in ORS 801.355, and truck tractor, as defined in ORS 801.575.
(b) "Truck route" means the roads or streets in a city which have been formally designated by the city council as the roads or streets on which trucks must travel when proceeding through the city. [1985 c.564 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.450 - Recycling containers; recommendations for new construction.

(1) Each multifamily residential dwelling with more than 10 individual residential units that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials.
(2) Each commercial building and each industrial and institutional building that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials.
(3) As used in this section, "commercial," "recyclable material" and "solid waste" have the meanings given in ORS 459.005. [1997 c.552 §32]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.455 - Clustered mailboxes in city streets and rights-of-way.

Each city in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of city streets and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. [2011 c.488 §2]
Note:
227.455 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.500 - Use of real property for religious activity; city regulation of real property used for religious activity.

(1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a city shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:
(a) Worship services.
(b) Religion classes.
(c) Weddings.
(d) Funerals.
(e) Meal programs.
(f) Child care, but not including private or parochial school education for prekindergarten through grade 12 or higher education.
(2) A city may:
(a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review and design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or
(b) Prohibit or regulate the use of real property by a place of worship described in subsection (1) of this section if the city finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.
(3) Notwithstanding any other provision of this section, a city may allow a private or parochial school for prekindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 §4; 2017 c.745 §8; 2019 c.640 §20; 2021 c.385 §5; 2021 c.446 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 227 - City Planning and Zoning › Section 227.505 - Solar energy systems on residential and commercial structures.

(1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.
(2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.
(3) Approval of a permit application under ORS 227.160 to 227.186 is, notwithstanding the definition of "permit" in ORS 227.160, a ministerial function if:
(a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and
(b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.
(4) As part of the permit approval process, a city:
(a) May not charge a fee pursuant to ORS 227.175 for processing a permit;
(b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and
(c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.
(5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:
(a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.
(b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.
(c) Located in an area designated as a significant scenic resource unless the material used is:
(A) Designated as anti-reflective; or
(B) Eleven percent or less reflective.
(6) As used in this section, "solar photovoltaic energy system" has the meaning given that term in ORS 757.360. [2011 c.464 §2]
Note:
227.505 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.010 - Causes for vacancies in office.

(1) An office shall become vacant before the expiration of the term if:
(a) The incumbent dies, resigns or is removed.
(b) The incumbent ceases to be an inhabitant of the district, county or city for which the incumbent was elected or appointed, or within which the duties of the office of the incumbent are required to be discharged.
(c) The incumbent is convicted of an infamous crime, or any offense involving the violation of the oath of the incumbent.
(d) The incumbent refuses or neglects to take the oath of office, or to give or renew the official bond of the incumbent, or to deposit such oath or bond within the time prescribed by law.
(e) The election or appointment of the incumbent is declared void by a competent tribunal.
(f) The incumbent is found to be a person with a mental illness by the decision of a competent tribunal.
(g) The incumbent ceases to possess any other qualification required for election or appointment to such office.
(h) Appointment of the incumbent is subject to Senate confirmation under section 4, Article III of the Oregon Constitution, and the appointment is not confirmed.
(2) The provisions of subsection (1)(b) of this section do not apply when residence within the district, county or city for which the incumbent was elected or appointed is not required for such election or appointment. [Amended by 1969 c.669 §3; 1979 c.351 §3; 2007 c.70 §56]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.020 - Vacancy for breach of official bond.

The Governor shall declare vacant the office of every officer required by law to execute an official bond whenever a judgment is obtained against such officer for a breach of the conditions of the bond.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.030 - Persons ineligible for office because of membership in certain organizations.

(1) No person who is a member of, or affiliated with, any organization which teaches the doctrine of, or advocates, the overthrow of the Government of the United States by force or violence shall be a candidate for public office or eligible for appointment to a public office.
(2) The name of a person defined in subsection (1) of this section shall not be placed upon any ballot in connection with any election.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.040 - Leave of absence for Peace Corps volunteer; reinstatement.

(1) As used in this section:
(a) "Public officer or employee" means any person who renders service to and is paid therefor by a public employer.
(b) "Public employer" means the state or a county, city, school district or other public corporation, commission, agency, board or entity organized for a public purpose.
(2) Public employers shall grant leaves of absence without pay for at least two years to any full-time salaried public officer or employee who serves, and while the public officer or employee serves, as a volunteer in the Peace Corps. Upon expiration of the leave the public officer or employee shall have the right to be reinstated to the position held before the leave was granted and at the salary rates prevailing for such positions on the date of resumption of duty, without loss of seniority or other employment rights, if any. Failure of the officer or employee to report within 90 days after termination of service shall be cause for dismissal. [1963 c.199 §§1,2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.100 - Political affiliation of person appointed to fill vacancy in partisan elective office.

(1) Except as provided in subsection (2) of this section, whenever a vacancy occurs in any partisan elective office in this state and is to be filled by appointment, no person shall be eligible for such appointment unless the person is affiliated, as determined by the appropriate entry on the person’s official election registration card with the same political party:
(a) As that by which the elected predecessor in the office was designated on the election ballot, if the name of the predecessor was printed on the election ballot.
(b) As that by which the elected predecessor in the office was designated on the elector registration card of the predecessor on the date of the election at which the predecessor was elected, if the name of the predecessor was not printed on the ballot.
(2) Under either of the following circumstances, a person who is otherwise eligible for appointment to fill a vacancy described in subsection (1) of this section may be appointed to fill the vacancy regardless of the person’s affiliation or lack of affiliation with a political party:
(a) If the name of the elected predecessor in the office was printed on the ballot and the predecessor was not designated on the election ballot as affiliated with a political party.
(b) If the name of the elected predecessor in the office was not printed on the ballot and the predecessor was not designated as affiliated with a political party on the elector registration card of the predecessor on the date of the election at which the predecessor was elected. [Formerly 236.135; 1985 c.586 §2; 1985 c.808 §74]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.115 - Diversity included in criteria for filling certain vacancies.

(1) In filling a vacancy on any new or existing appointive state board, commission, committee or council established by statute, if the vacancy is to be filled by a person who is not employed full-time and who is compensated as provided under ORS 292.495, the appointing authority shall include in the criteria for appointment, but need not limit the criteria to, the degree to which the candidate will contribute to one or more of the following:
(a) Diversity of viewpoint;
(b) Demographic variety reflecting the racial and gender population of the state or the region of appointment; and
(c) Remediation of existing disparities between the number of qualified applicants of one race or gender and the number of members of such groups serving on the board, commission, committee or council.
(2) The appointing authority for boards, commissions, committees and councils described under subsection (1) of this section shall report annually to the office of the Governor specifying the efforts taken to comply with this section and the result of those efforts. [1997 c.539 §1]
Note:
236.115 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 236 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.140 - Term, removal, vacancy in appointive offices.

Any person holding an appointive office in any of the offices, departments or institutions of this state shall hold the same for an indefinite term not exceeding four years, or for the term specified for the office by law. A person holding an appointive office shall at all times serve at the pleasure of and be subject to removal by the appointive power that made the appointment unless a different standard for removal from the office is specified by law. The appointive power may in all cases appoint a successor. [Amended by 2013 c.425 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.145 - Employment prohibitions for state board or commission members.

A person who has been appointed by the Governor to serve on a state board or commission may not be employed by the board or commission in a salaried position:
(1) While the person is serving on the board or commission; or
(2) Within one year after the person’s normal term on the board or commission expires, without regard to whether the person continues to serve on the board or commission after expiration of the person’s term. [1953 c.594 §1; 2003 c.749 §9]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.147 - Exception to ORS 236.145.

ORS 236.145 does not apply to any appointee to the position of executive director of a board who serves in that capacity as an ex officio member of the board making the appointment. [1983 c.402 §6]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.210 - Filling vacancies in county offices; qualification.

(1) When there is a vacancy in any elective county office other than the office of county judge or county commissioner, the county court or board of county commissioners shall appoint a person to perform the duties of the office until the vacancy is filled by election.
(2) Except as provided in subsection (3) of this section, when a vacancy occurs in the nonpartisan office of county judge who does not exercise judicial functions or county commissioner, the remaining members of the county court or board of county commissioners shall appoint a person to perform the duties of the office until the vacancy is filled by election.
(3) When a vacancy occurs in the office of county judge who exercises judicial functions, the Governor shall fill the vacancy by appointment as provided in section 16, Article V of the Oregon Constitution.
(4) Before a person appointed under subsection (1) or (2) of this section takes office, the person shall qualify in the same manner as required by law of the officer in whose place the person is appointed. [Amended by 1965 c.221 §24; 1983 c.327 §6; 1985 c.17 §1; 1987 c.549 §1; 2001 c.430 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.215 - Filling vacancies in partisan elective office of county judge or commissioner.

(1) When a vacancy occurs in the partisan elective office of county judge who does not exercise judicial functions or county commissioner, the remaining members of the county court or board of county commissioners of the county, pursuant to ORS 236.217, shall appoint a person qualified to hold office who is an elector of the county to perform the duties of the office until the term of office expires or the vacancy is filled by election.
(2) When the provisions of ORS 236.217 apply, the appointment shall be made from a list of not fewer than three nor more than five nominees furnished by the county clerks. If fewer than three names of nominees are furnished or if no list is received by the appointing authority, the county court or board of county commissioners may consider additional qualified persons. The person so appointed must have been a member of the same major political party at least 180 days before the date the vacancy to be filled occurred.
(3) The vacancy must be filled by appointment within 30 days after its occurrence. [1987 c.549 §3; 1989 c.171 §29; 2001 c.430 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.217 - Nominations.

When any vacancy under ORS 236.215 exists in any partisan elective office of county judge who does not exercise judicial functions or county commissioner occupied by a member of a major political party and that vacancy is to be filled by an appointing authority as provided in ORS 236.215, the major political party pursuant to party rule shall nominate not fewer than three nor more than five qualified persons to fill the vacancy. The nominating procedure shall reflect the principle of one-person, one-vote to accord voting weight in proportion to the number of party members represented. At the request of a party making a nomination, the county clerk or chief elections officer of the county in which the vacancy exists shall assist the party in determining the number of electors registered as members of the party in the electoral district. As soon as the nominees have been appointed, but no later than 20 days after the vacancy occurs, the party shall notify the county clerk of the persons nominated. The county clerk shall notify the remaining members of the county court or board of county commissioners of the county in which the vacancy exists of the nominees. [1987 c.549 §4; 1993 c.797 §19; 2001 c.430 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.220 - Deputy to fill vacancy in certain offices until person appointed qualifies.

(1) During the interval between the time when a vacancy occurs in any county office, except the office of county commissioner, and the time when the person appointed by the county court or board of county commissioners to fill the vacant office qualifies therefor, the chief deputy of the affected office shall perform all the official acts and duties of such office.
(2) During the period the chief deputy serves as provided in subsection (1) of this section, the chief deputy shall be deemed to continue to occupy the position of chief deputy for the purpose of determining the status and rights of the chief deputy under the civil service law and Public Employees Retirement System, and such service shall in no respect affect the status or rights of the chief deputy under those systems. [Amended by 1963 c.161 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.225 - Filling vacancies in offices of county governing body.

(1) If vacancies exist at the same time in all of the offices of members of a county governing body, two qualified persons shall be appointed by the Governor, and one by the appointees of the Governor, to perform the duties of the offices until the vacancies are filled as provided by law. If vacancies exist at the same time in all but one of such offices, the Governor shall appoint one qualified person who, with the incumbent serving in office, shall appoint another, each to perform the duties of the offices until the vacancies are filled. If county judge is one of the offices vacant, one of the appointments made by the Governor under this section shall be to the office of county judge.
(2) When a county charter establishes a county governing body with more than three members, if a number of vacancies exist at the same time in the offices of members of that governing body so that all the remaining members do not constitute a quorum for the conduct of county business, the Governor shall appoint to the vacant offices the minimum number of qualified persons sufficient, with the incumbent members of the county governing body, to form a quorum. Persons appointed by the Governor under this subsection, together with the incumbent members serving in office, shall appoint qualified persons to the remaining vacant offices. All persons appointed under this subsection shall perform the duties of the office of member of the county governing body until the vacancies are filled as provided by law.
(3) ORS 236.100 applies to appointments under this section. [1967 s.s. c.6 §1; 1983 c.327 §7]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.240 - Removal of county treasurer from office.

Whenever suit has been commenced on the official bond of any delinquent treasurer, the delinquent treasurer may be removed by the county court of the county.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.310 - Right of county commissioner to resign.

Any person who receives a certificate of election as a commissioner of the county court is at liberty to resign the office, though the person may not have entered upon the execution of its duties or taken the requisite oath of office. [Amended by 1965 c.221 §25; 1981 c.517 §25]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 236 - Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers › Section 236.320 - Recipient of resignation.

(1) Resignation shall be made as follows:
(a) By the Secretary of State, State Treasurer and all officers elected by the legislature, to the Governor.
(b) By all officers who hold their offices by election, to the officer authorized by law to order a special election to fill the resulting vacancy.
(c) By all other officers holding their offices by appointment, to the body, board or officer that appointed them.
(2) Resignations described in this section must be made in writing. [Amended by 2007 c.155 §1]