Thursday, November 15, 2018

Oregon Constitution --- " Duly Elected" . "Oath of Office" Deschutes County Assessor

Progress Report.

It seemed unusual to me that the Deschutes County Assessor was on the ballot in the May primary but not on the General Election Ballot for election.  The County Clerk explained this situation to me.

The Oregon Constitution contains references to County Assessors but the definitive rules and laws are determined by the status of a County and are to be found within the specific type of county governance authority.

Background:
https://www.bendbulletin.com/csp/mediapool/sites/BendBulletin/News/story.csp?cid=1523431&sid=497&fid=151

https://drive.google.com/file/d/0B4bfnUJ9POS_RjVYMDhWZHowbHM/view

https://www.cookfordeschutes.com/issues/non-partisan-county-commissioners/

https://www.bendbulletin.com/news/1485432-151/a-home-rule-charter-can-be-a-good

Types of local government
Local government in Oregon consists of 36 counties and 241 cities. In addition, there are 1002 special districts and 230 independent school districts.[1]

Further classifications:

Counties may be:

General law: of which there are 27
Home rule charter: of which there are 9.[2] Lane and Washington were the first to adopt home rule in 1962, followed by Hood River (1964), Multnomah (1967), Benton (1972), Jackson (1978), Josephine (1980), Clatsop (1988) and Umatilla (1993).[3]
Cities may be:

General law: of which there are 130
Home rule charter: of which there are 111[4]

Deschutes County: General Law
Discovery is within the General Law framework of Deschutes County

Looks like solutions in Deschutes would be facilitated by a Home Rule Charter.  Strange that there are 27 legacy system General Law counties and only 9 Home Rule Charter Counties adoptions.  Dates range from 1962 to 1993.  Lanes seems to be a more progressive county in relationship to many things I have been researching.

I will continue progress on the matter of Deschutes County Assessor and long range election strategy but it looks like a better horse to switch to in mid-stream is County Home Rule.  That is something I know nothing much about now but appeals to me.

Home Rule would obviously be a major structuring undertaking on the part of any county.  Last adoption was 1993.  Technology modeling tools are now far in advance of what they were in 1993.  I would expect to find business entities that specialize in this area of County Home Rule?

Jump from this bog entry to the next one: Home Rule

The Oregon Constitution specifies certain elected positions that must be filled by General Election procedures.  Other elected positions may be filled as a direct vote  result of Primary Elections.  County Assessor is one of those positions filled by Primary Election.

I've never looked at the Oregon Constitution.  I know that State Constitutions generally follow the form of our Federal Constitution.  However they may depart and extend (but not detatch)  and should depart in accordance with the Object Oriented Model of System design.   

This morning I examined our Oregon Constitution with the intent to search for what it had to say about General and Primary Elections and which elective local government positions are filled by each.

I was not far into reading the Constitution when I read:

1859 Version:
7.-The mode of administering an oath, or affirmation shall be such as may be most consistent with, and binding upon the conscience of the person to whom such oath or affirmation may be administered.

2018 Version:
Section 7. Manner of administering oath or affirmation. The mode of administering an oath, or affirmation shall be such as may be most consistent with, and binding upon the conscience of the person to whom such oath or affirmation may be administered.—

     FITR
Note:
Exactly the thinking of my conscience!  Face the object of the Oath or Affirmation it is made to.

Resume election search in the Oregon Constitution.

Cities and Towns:
 Section 14a. Time of holding elections in incorporated cities and towns. Incorporated cities and towns shall hold their nominating and regular elections for their several elective officers at the same time that the primary and general biennial elections for State and county officers are held, and the election precincts and officers shall be the same for all elections held at the same time. All provisions of the charters and ordinances of incorporated cities and towns pertaining to the holding of elections shall continue in full force and effect except so far as they relate to the time of holding such elections. Every officer who, at the time of the adoption of this amendment, is the duly qualified incumbent of an elective office of an incorporated city or town shall hold his office for the term for which he was elected and until his successor is elected and qualified. The Legislature, and cities and towns, shall enact such supplementary legislation as may be necessary to carry the provisions of this amendment into effect. [Created through H.J.R. 22, 1917, and adopted by the people June 4, 1917]

   Section 23. Certain local and special laws prohibited. The Legislative Assembly, shall not pass special or local laws, in any of the following enumerated cases, that is to say:— skip to:


 Section 32. Taxes and duties; uniformity of taxation. No tax or duty shall be imposed without the consent of the people or their representatives in the Legislative Assembly; and all taxation shall be uniform on the same class of subjects within the territorial limits of the authority levying the tax. [Constitution of 1859; Amendment proposed by H.J.R. 16, 1917, and adopted by the people June 4, 1917]

 Section 16. Election by plurality; proportional representation. In all elections authorized by this constitution until otherwise provided by law, the person or persons receiving the highest number of votes shall be declared elected, but provision may be made by law for elections by equal proportional representation of all the voters for every office which is filled by the election of two or more persons whose official duties, rights and powers are equal and concurrent. Every qualified elector resident in his precinct and registered as may be required by law, may vote for one person under the title for each office. Provision may be made by law for the voter's direct or indirect expression of his first, second or additional choices among the candidates for any office. For an office which is filled by the election of one person it may be required by law that the person elected shall be the final choice of a majority of the electors voting for candidates for that office. These principles may be applied by law to nominations by political parties and organizations. [Constitution of 1859; Amendment proposed by initiative petition filed Jan. 29, 1908, and adopted by the people June 1, 1908]

  Section 8. County officers' qualifications; location of offices of county and city officers; duties of such officers. Every county officer shall be an elector of the county, and the county assessor, county sheriff, county coroner and county surveyor shall possess such other qualifications as may be prescribed by law. All county and city officers shall keep their respective offices at such places therein, and perform such duties, as may be prescribed by law. [Constitution of 1859; Amendment proposed by H.J.R. 7, 1955, and adopted by the people Nov. 6, 1956; Amendment proposed by H.J.R. 42, 1971, and adopted by the people Nov. 7, 1972; Amendment proposed by H.J.R. 22, 1973, and adopted by the people Nov. 5, 1974]

Article VI
Section No. 6 There shall be elected in each county, by the qualified electors thereof, at the time of holding general elections, a county clerk, Treasurer, Sheriff, Coroner, and Surveyor, who shall severally hold their offices for the term of two years.-(Amended, November 2, 1920, infra.)

Section No. 7 Such other county, township, precinct, and city officers as may be necessary, shall be elected, or appointed in such manner as may be prescribed by law.-

https://www.oregon.gov/oha/PH/DISEASESCONDITIONS/CHRONICDISEASE/HPCDPCONNECTION/Documents/TA/policy_change_resources/county_home_rule_paper.pdf
First, adopting a charter gives a county and its voters options for county government organization that are not available to general law counties. For example, only by adopting a county charter may county voters change the manner of selecting the county sheriff, assessor, clerk, and treasurer. Election of the sheriff, clerk and treasurer is required by the state constitution, but the county home rule constitutional amendment overrides that requirement by directing that county charters prescribe the organization of county government.

https://www.oregonlaws.org/ors/203.035




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