Oregon Advisory Opinions February 10, 1958: OAG 58-20 (February 10, 1958)
Collection: Oregon Attorney General Opinions
Docket: OAG 58-20
Date: Feb. 10, 1958
Advisory Opinion Text
OAG 58-20.
This is in response to your letter of January 29, 1958, in which you seek my advice as to whether the "Executive Secretary of the State Board of Auctioneers may lawfully become a candidate for elective office while still holding such position." The position of executive secretary is one created under the provisions of § 15, chapter 722, Oregon Laws 1957, and is one of the two unclassified employe positions allowed to the State Board of Auctioneers under the Civil Service Act.
ORS 240.705 provides in part:
"* * * No employe of any division or of the commission shall seek or accept nomination, election or appointment as an officer of a political party, club or ORGAnization, or serve as a member of a committee of any such club or ORGAnization, or be a candidate for a political office." (Emphasis supplied)
However, ORS 240.240 (1) states:
"(1) The unclassified service is not subject to the provisions of this chapter except that employes and officers in the unclassified service are subject to the laws and regulations pertaining to any type of leave with pay, except as otherwise provided in subsection (4) of this section." (Emphasis supplied)
This latter section has been construed as rendering the prohibition contained in ORS 240.705 inapplicable to the unclassified service: Opinions of the Attorney General, 1946-1948, p. 31; 1952-1954, p. 207.
An examination of the law fails to disclose any subsequent amendments to the statute which would compel a change in the above interpretation and it is accordingly my opinion that the Executive Secretary of the State Board of Auctioneers may lawfully be a candidate for elective office while still holding that position.