Art. VI, Section
1
NOTES OF DECISIONS
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
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 8
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
NOTES OF DECISIONS
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)