Chapter 236

236.010

NOTES OF DECISIONS

Where Senate fails to confirm reappointment of incumbent, resulting vacancy for new term does not prevent incumbent from continuing in office as holdover pending appointment and confirmation of successor. State ex rel Adams v. Powell, 171 Or App 81, 15 P3d 54 (2000)

ATTY. GEN. OPINIONS: Qualifications required for newly elected county assessor, (1974) Vol 36, p 898; propriety of office holding of a land owning nonresident elected director of a rural fire protection district, (1975) Vol 37, p 873; effect of disbarment on person’s service as district attorney, (2001) Vol 49, p 272

236.100

ATTY. GEN. OPINIONS: Validity of requirement that vacancy in partisan elective county office be filled by member of same party as predecessor, (1975) Vol 37, p 505

236.210

ATTY. GEN. OPINIONS: Power of home rule county to provide method of filling vacancy in county office, (1974) Vol 37, p 280

236.380

NOTE: Repealed as of January 1, 2008

NOTES OF DECISIONS

Statute is impermissible restraint on free expression in violation of Article I, section 8, and cannot limit authority to promulgate rules prohibiting discrimination based on sexual orientation. Merrick v. Board of Higher Education, 116 Or App 258, 841 P2d 646 (1992)

LAW REVIEW CITATIONS: 72 OLR 729 (1993)

236.610 to 236.650

NOTES OF DECISIONS

The specific terms of ORS 342.120 et seq., relating to teachers, controlled over the general terms of these sections, so these sections did not guarantee retention of permanent teacher status by a teacher who transferred from a school district to an Intermediate Education District. Davis v. Wasco IED, 286 Or 261, 593 P2d 1152 (1979)

ATTY. GEN. OPINIONS: Retirement contributions by Department of Environmental Quality to Multnomah County Retirement System for Columbia-Willamette Air Pollution Authority, (1973) Vol 36, p 746; effect of transfer of Alcohol Safety Action Program and Comprehensive Options for Drug Abusers from state operation to Multnomah County, (1978) Vol 38, p 2079; entitlement of Corrections Division employe, transferred from state to county employment under Community Corrections Act program contract, to continued participation in PERS and to return to state employment at contract termination, (1978) Vol 39, p 357; status of employes performing duties under Comprehensive Employment and Training Act program following transfer to consortium of twenty-two Oregon counties, (1981) Vol 42, p 1

236.610

NOTES OF DECISIONS

An employe who has never had civil service status is not within the protection of this section. Dist. Court of Multnomah County v. Multnomah County, 21 Or App 161, 534 P2d 207 (1975)

The term “public employe” in this section does not include public school teachers. Davis v. Wasco IED, 286 Or 261, 579 P2d 282 (1979)

Statute does not create contract between public employers and public employees preventing state from amending, repealing or excepting out of statute. FOPPO v. State of Oregon, 144 Or App 535, 928 P2d 335 (1996)

ATTY. GEN. OPINIONS: Definition of “facility,” (1978) Vol 38, p 2079

236.620

NOTES OF DECISIONS

“Transferring employee” does not include public school teachers. Davis v. Wasco IED, 286 Or 261, 593 P2d 1152 (1979)

ATTY. GEN. OPINIONS: “Seniority” protection of transferred employes, (1978) Vol 38, p 2079

236.630

NOTES OF DECISIONS

“Transferring employee” does not include public school teachers. Davis v. Wasco IED, 286 Or 261, 593 P2d 1152 (1979)

236.640

NOTES OF DECISIONS

Where schoolteacher’s appeal from education district’s termination of her employment had been remanded to Fair Dismissal Appeals Board, and she claimed right to reinstatement under this section if her termination were affirmed, there was no ripe, justiciable controversy. Davis v. The Dalles Sch. Dist. No 12, 37 Or App 109, 586 P2d 397 (1978)