Oregon Advisory Opinions August 15, 1960: OAG 60-97 (August 15, 1960)

OAG 60-97.

You have requested an opinion on the following questions:

"(1) Is the office of Coroner to be abolished on January 1, 1961, in those counties having Coroners whose term of office expires January, 1961?

"(2) If the answer to question one is yes, is it none the less necessary for the County Clerks to certify the position of Coroner to the General Election ballots?

"(3) If a Coroner were elected at the November, 1960, General Election, could he qualify for office and, if so, when?"

The present and effective law, ORS 204.005, as to the election of coroners reads as follows:

"(1) There shall be elected at the general election, by the qualified voters of each county, the following county officers:

"(c) A coroner."

The Legislative Assembly impliedly abolished the office of county coroner in counties having a population of less than 400,000 people by deleting from ORS 204. 005 (1), subsection (c), supra: Chapter 628, Oregon Laws 1959. The amendment to ORS 204.005 does not become effective until January 1, 1961: Section 7, chapter 628, Oregon Laws 1959, and § 44, chapter 629, Oregon Laws 1959.

Sections 2 and 3 of chapter 628, Oregon Laws 1959, provide:

"Section 2. In counties of less than 400,000 persons according to the latest federal decennial census, the term of office of a coroner elected or appointed before the effective date of this Act may continue until the completion of the term for which he was elected or appointed . Upon a vacancy occurring in the office of coroner in counties of less than 400,000 persons according to the latest federal decennial census or the coroner in such a county completes the term of office for which he was elected or appointed , the duties performed by such a coroner shall be transferred to the county or district medical investigator and the district attorney under the applicable provisions of law. In counties of 400,000 persons, or more, according to the latest federal

decennial census, the term of the present coroner shall remain unaffected by the 1959 amendments to ORS 204.005.

"Section 3. In counties of less than 400,000 persons according to the latest federal decennial census in which a vacancy occurs in the office of coroner or the coroner completes the term of office for which he was elected or appointed , there hereby are transferred to the county or district medical investigator all the supplies, materials, equipment, records, books, papers and facilities of the coroner." (Emphasis supplied)

It is important to note that the present law, ORS 204.005 (1)(c), supra, requires that there be elected in each county a coroner. As stated above, this law remains in effect until January 1, 1961. At the present, and particularly at the general election on November 8, 1960, there must be elected in each county a county coroner, who will hold office for a term of four years: ORS 204.010.

A reading of §§ 2 and 3 of chapter 628, supra, shows a clear and unmistakable legislative intention that the office of county coroner in counties with a population of 400,000 persons or less is not to be abolished until after the expiration of the term of office following the next general election unless a vacancy arises in the office after the effective date of chapter 628. The language in both §§ 2 and 3, supra, as emphasized above, states "completes the term of office for which he was elected." See also § 7, chapter 629, Oregon Laws 1959.

As of January 1, 1961, the date from which the above section speaks, the four year term for which coroners are elected on November 8, 1960, ORS 204.010, supra, commences on the first Monday in January following the election, Article II, § 14, Oregon Constitution, which in 1961 occurs on January 2. The general election having taken place prior to the effective date of the Act creates a term of office of coroner for which "he was elected." Where language of the statute is clear and unambiguous there is no need to resort to the rules of construction. Hillman v. Northern Wasco County PUD, (1958) 213 Or. 264, 323 P. (2d) 664.

The above result will also be controlling as to appointments made prior to January 1, 1961. On January 1, 1961, when the law in question goes into effect, all vacancies in the office of coroner will have been filled by election in those counties where there are persons seeking the office. In counties where there are no candidates for the office of coroner, or where the elected candidate dies or otherwise becomes disqualified, a vacancy comes into existence. Such offices are to be filled by an appointment made by the county court or board of county commissioners: ORS 236.210. Where the appointment is made prior to January 1 for the succeeding term, no vacancy will arise until the first Monday in January 1965, unless otherwise changed by the legislature. It is apparent from the clear language of chapters 628 and 629, Oregon Laws 1959, that the county or district medical investigators only succeed to the office of county coroner, by the force of chapter 628, when a vacancy occurs in the office on or after January 1, 1961, cutting short the elective or appointive term commencing on January 2.

Your first question is answered in the negative. Answering this question in the negative disposes of your second question.

In answer to your third question, it is my opinion that any person elected coroner at the general election held on November 8, 1960, may qualify for the office any time on or after January 2, 1961, the incumbent holding over until his successor qualifies. Article XV, § 1, Oregon Constitution.