Chapter 589
AN ACT
SB 755
Relating to education service districts;
creating new provisions; amending ORS 260.432 and sections 10, 11, 13, 14 and
15, chapter 828, Oregon Laws 2005; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Section 10, chapter 828, Oregon Laws 2005, is
amended to read:
Sec.
10. As used in sections 11 to 14, chapter 828,
[(1) The Willamette Education Service District;]
[(2) The High Desert Education Service District; and]
[(3)] the Northwest Regional Education
Service District.
SECTION 2. The amendments to section 10, chapter 828,
SECTION 3. Section 11, chapter 828, Oregon Laws 2005, is
amended to read:
Sec.
11. (1) Notwithstanding ORS chapter 334, the board of directors of a
pilot education service district shall consist of nine members as follows:
(a) Five directors shall
represent zones established under ORS 334.032 and shall be elected by the
boards of the component school districts;
(b) Four directors shall
be appointed by the directors described in paragraph (a) of this subsection,
including one at-large director and a director representing each of the
following:
(A) Public
post-secondary institutions located within the pilot education service
district;
(B) Social service
providers; and
(C) The business
community.
(2) Prior to April 1,
2006, the board of directors of a pilot education service district shall divide
the pilot education service district into five zones as nearly equal in census
population as may be practicable, measured along common school district
boundary lines.
(3) The board of directors
of a pilot education service district may readjust the boundaries of the zones
once each year and shall readjust the boundaries of the zones immediately upon
any change of the boundaries of the pilot education service district or a
component school district.
(4)(a) Prior to [July 1, 2006] the end of the term of
office of any elected director of the Northwest Regional Education Service
District, the boards of the component school districts within [each] the zone the director
represented shall elect a [representative
to serve on the board of directors of the pilot education service district]
successor whose term begins on July 1 next following. Each component
school district board shall have one vote. A director is eligible for
reelection.
(b) Prior to the end of
the term of office of any appointed director of the Northwest Regional
Education Service District, the directors described in subsection (1)(a) of
this section shall appoint a successor whose term begins on July 1 next
following. A director who was appointed under subsection (1)(b)
of this section is eligible for reappointment.
[(5) Notwithstanding ORS 334.090, the terms of office of directors
serving on the board of a pilot education service district who
were not elected or appointed pursuant to this section shall terminate on June
30, 2006.]
[(6)] (5) Any vacancy on the board of directors of a pilot
education service district that occurs before the end of the term of office of
a director of a pilot education service district shall be filled following the
process described in this section.
SECTION 4. Section 13, chapter 828, Oregon Laws 2005, is
amended to read:
Sec.
13. Each pilot education service district shall biennially
report to the interim legislative committees relating to education on the
governance structure of the board of the pilot education service district prior
to October 1[, 2006, and October 1, 2008]
of each even-numbered year.
SECTION 5. Section 14, chapter 828, Oregon Laws 2005, is
amended to read:
Sec.
14. (1)(a) Prior to February 1, 2010, the board of directors
of [a pilot] the Willamette
Education Service District and the High Desert Education Service District
shall divide [the pilot] each
education service district into as many zones as the board considers necessary,
but not fewer than seven or more than 11.
(b) Prior to February
1, 2012, the board of directors of the Northwest Regional Education Service
District shall divide the education service district into as many zones as the
board considers necessary, but not fewer than seven or more than 11.
(c) The zones shall be as nearly equal in census
population as may be practicable. If possible, the board shall establish the
zones so that each county within the education service district, the majority
of the land area of which lies within the boundaries of the education service
district, has at least one member on the board.
(2) Within 90 days after
the zones required in subsection (1) of this section are established, the board
shall call a special election in the education service district for the purpose
of electing directors, one of whom shall be elected by the electors of each
zone established under subsection (1) of this section.
(3) ORS 334.750 applies
to a board of directors elected under this section.
(4) The term of
office of a director who serves on the board of directors for the Willamette
Education Service District or the High Desert Education Service District who
was elected or appointed under section 11, chapter 828, Oregon Laws 2005,
terminates on June 30, 2010.
[(4)] (5)(a) The [term]
initial terms of office of [a
director who was appointed or] two of the directors who serve on the
board of directors of the Northwest Regional Education Service District who
were elected under section 11, chapter 828, Oregon Laws 2005, terminate
[of this 2005 Act terminates] on June
30, [2010] 2008.
(b) The initial terms
of office of three of the directors who serve on the board of directors of the
Northwest Regional Education Service District who were elected under section
11, chapter 828,
(c) The initial terms of
office of two of the directors who serve on the board of directors of the
Northwest Regional Education Service District who were appointed under section
11, chapter 828,
(d) The initial terms of
office of two of the directors who serve on the board of directors of the
Northwest Regional Education Service District who were appointed under section
11, chapter 828,
(e) The board of
directors of the Northwest Regional Education Service District shall determine
by lot the length of office for each director.
(6) The term of office
of a director who serves on the board of directors for the Northwest Regional
Education Service District who was elected or appointed under section 11,
chapter 828, Oregon Laws 2005, for a term beginning on or after July 1, 2008,
terminates on June 30, 2012.
SECTION 6. Section 15, chapter 828, Oregon Laws 2005, is
amended to read:
Sec.
15. (1) Sections 11 to 14, chapter 828, Oregon Laws 2005,
[of this 2005 Act] are repealed on
June 30, [2010] 2012.
(2) The amendments to
ORS 260.432 by section 8 of this 2007 Act become operative on June 30, 2012.
SECTION 7. ORS 260.432 is amended to read:
260.432. (1) No person
shall attempt to, or actually, coerce, command or require a public employee to
influence or give money, service or other thing of value to promote or oppose
any political committee or to promote or oppose the nomination or election of a
candidate, the gathering of signatures on an initiative, referendum or recall
petition, the adoption of a measure or the recall of a public office holder.
(2) No public employee
shall solicit any money, influence, service or other thing of value or
otherwise promote or oppose any political committee or promote or oppose the
nomination or election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a measure or the
recall of a public office holder while on the job during working hours.
However, this section does not restrict the right of a public employee to
express personal political views.
(3) Each public employer
shall have posted in a conspicuous place likely to be seen by its employees the
following notice in printed or typewritten form:
______________________________________________________________________________
ATTENTION ALL PUBLIC EMPLOYEES:
The restrictions imposed
by the law of the State of Oregon on your political activities are that “No
public employee shall solicit any money, influence, service or other thing of
value or otherwise promote or oppose any political committee or promote or
oppose the nomination or election of a candidate, the gathering of signatures
on an initiative, referendum or recall petition, the adoption of a measure or
the recall of a public office holder while on the job during working hours.
However, this section does not restrict the right of a public employee to express
personal political views.”
It is therefore the
policy of the state and of your public employer that you may engage in
political activity except to the extent prohibited by state law when on the job
during working hours.
______________________________________________________________________________
(4) As used in this
section:
(a) “Public employee”
does not include an elected official or a person appointed as a director to
the board of a pilot education service district under section 11, chapter 828,
(b) “Public employer”
includes any board, commission, committee, department, division or institution
in the executive, administrative, legislative or judicial branch of state
government, and any county, city, district or other municipal corporation or
public corporation organized for a public purpose, including a cooperative body
formed between municipal or public corporations.
SECTION 8. ORS 260.432, as amended by section 7 of this
2007 Act, is amended to read:
260.432. (1) No person shall
attempt to, or actually, coerce, command or require a public employee to
influence or give money, service or other thing of value to promote or oppose
any political committee or to promote or oppose the nomination or election of a
candidate, the gathering of signatures on an initiative, referendum or recall
petition, the adoption of a measure or the recall of a public office holder.
(2) No public employee
shall solicit any money, influence, service or other thing of value or
otherwise promote or oppose any political committee or promote or oppose the
nomination or election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a measure or the
recall of a public office holder while on the job during working hours.
However, this section does not restrict the right of a public employee to
express personal political views.
(3) Each public employer
shall have posted in a conspicuous place likely to be seen by its employees the
following notice in printed or typewritten form:
______________________________________________________________________________
ATTENTION ALL PUBLIC EMPLOYEES:
The restrictions imposed
by the law of the State of Oregon on your political activities are that “No
public employee shall solicit any money, influence, service or other thing of
value or otherwise promote or oppose any political committee or promote or
oppose the nomination or election of a candidate, the gathering of signatures
on an initiative, referendum or recall petition, the adoption of a measure or
the recall of a public office holder while on the job during working hours.
However, this section does not restrict the right of a public employee to
express personal political views.”
It is therefore the
policy of the state and of your public employer that you may engage in
political activity except to the extent prohibited by state law when on the job
during working hours.
______________________________________________________________________________
(4) As used in this
section:
(a) “Public employee”
does not include an elected official [or
a person appointed as a director to the board of a pilot education service
district under section 11, chapter 828,
(b) “Public employer”
includes any board, commission, committee, department, division or institution
in the executive, administrative, legislative or judicial branch of state
government, and any county, city, district or other municipal corporation or
public corporation organized for a public purpose, including a cooperative body
formed between municipal or public corporations.
SECTION 9. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 25, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date June 25, 2007
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