Oregon Advisory Opinions February 05, 1942: OAG 42-28 (February 5, 1942)
Collection: Oregon Attorney General Opinions
Docket: OAG 42-28
Date: Feb. 5, 1942
Advisory Opinion Text
OAG 42-28.
When three county commissioners are to be elected at any general election one of the positions must be for a two-year term, the others for a four-year term.
District Attorney, Multnomah County.
Dear Sir: Your letter of January 23, 1941, requesting my opinion states that at the coming primary and general elections there are to be three county commissioners elected for Multnomah county. You ask:
"Whether or not under the provisions of sections 87-201 and 87-211, O. C. L. A., one of the three positions to be filled should be for a two-year term or whether all three should be for a four-year term."
Section 87-201, as applicable, provides:
"* * * and there shall also be elected at such general election a county commissioner in each county, who shall hold his office for the term of four years, and until his successor is elected and qualified; provided further, that in counties where there is a vacancy from any cause in the office of county commissioner, then there shall be elected at said general election by the qualified electors of each county in this state, two county commissioners, one of whom shall hold his office for two years and the other
four years, and until their successors are elected and qualified."
Section 87-211, in part, provides:
"In addition to the two county commissioners for Multnomah county, Oregon, now provided for by law, there shall be elected on the first Tuesday after the first Monday in November, A. D. 1914, and at the general election every four years thereafter, one county commissioner for said Multnomah county, who shall possess the qualifications prescribed by law for the office of county commissioner, whose term shall commence on the first Monday in January, A. D. 1915, and shall hold office for a period of four years and until his successor is elected and qualified. * * *".
Section 87-201 was originally enacted in 1864 and is found in Deady & Lane Code as section 18, title 3, chapter 41.
The original enactment provided for a two-year term for county commissioners.
In 1887 the act was amended, (Laws 1887, page 93), so as to provide for a four-year term; but the terms of the two commissioners in each county were to overlap; the two commissioners elected after the passage of the 1887 act were to draw lots for the short and long term. The act also provided that thereafter at each general election one county commissioner was to be elected for a term of four years. There was no provision in this act for a continuation of the staggered terms in the event of a vacancy during the unexpired term of one of the commissioners. The act was again amended in 1903 (page 181, Laws 1903), and as pertinent to the instant question the last clause of what is now 87-201, commencing with the words "provided further" was added. The 1887 act specifically provided for staggered terms. The 1903 act which is now 87-201, has the same effect by providing that " a " county commissioner shall be elected at each general election. The only basis for the election of more than one county commissioner at any general election must be found in the "provided further" clause of the present statute, 87-201. Referring to the "provided further" clause, it is apparent that if two commissioners are to be elected at one general election the term of one of the commissioners must be for two years only.
The foregoing analysis has been based upon the construction of 87-201, which applies to all counties of the state. The effect, if any, of section 87-211 should be considered. This section was passed by the legislative assembly of 1913 (chapter 377) to provide for a third commissioner in Multnomah county upon the abolition of the office of county judge in said county. See Laws 1913, chapter 378. In providing for a third commissioner, it specifically states that said position shall be "in addition to the two county commissioners for Multnomah county, Oregon, now provided by law."
I find no statute of this state other than 87-201 which would provide for the election of the other two county commissioners for Multnomah county.
It thus appears that 87-211 is not in conflict with 87-201, but on the contrary is dependent upon and must be construed as being in harmony with 87-201. It is noted that the election for the position created by 87-211 was first held in 1914, and that following the language of the statute there "shall be elected * * * at the general election every four years thereafter one county commissioner for said Multnomah county," the election for the position thus created normally would take place in 1942.
Since 87-211 does not qualify the provisions of 87-201 it is my opinion that of the three positions to be filled in Multnomah county at the coming general election, one of the positions should be for a two-year term and the remaining two should be for a four-year term.