Oregon Advisory Opinions September 24, 1958: OAG 58-143 (September 24, 1958)
Collection: Oregon Attorney General Opinions
Docket: OAG 58-143
Date: Sept. 24, 1958
Advisory Opinion Text
OAG 58-143.
State Senator
This is in response to your letter of September 15, 1958, in which you referred to the resignation, on September 8, 1958, of the Clatsop County Sheriff and the fact that a successor will be elected at the coming November general election. You ask:
"* * * 'Will he serve (the elected candidate) the unexpired term of former Sheriff Kearney, or a full four year term?'"
The office of county sheriff is a constitutional office and § 6, Article VI, Oregon Constitution, provides:
"There shall be elected in each county by the qualified electors thereof at the time of holding general elections, a county clerk, treasurer and sheriff who shall severally hold their offices for the term of four years."
ORS 204.005 statutorily recognizes this office and ORS 204.010 provides, in part:
"(1) Except as provided in subsection (2) of this section, the term of office of each officer mentioned in ORS 204.005 is four years, and until his successor is elected and qualified."
See also, § 16, Article V, Oregon Constitution.
ORS 236.010 declares when an office shall become vacant and ORS 236.210 states:
"When there is a vacancy in the office of county clerk, sheriff, coroner or any county or precinct office, some suitable person shall be appointed by the county court or board of county commissioners to perform the duties of the office until the vacancy is regularly supplied as provided by law. * * *"
In the absence of language limiting the newly elected successor to the unexpired term of his predecessor, such as appears, for example, in § 8, Article V, Oregon Constitution, it is my opinion that ORS 204.010 and § 6, Article VI, provide that the individual elected as sheriff at the coming November general election will hold office for a term of four years. State ex rel. Whitney v. Johns, (1870) 3 Or. 533, 537-538; Marvel v. Camden County, (1948) 137 N.J.L. 47, 57 A. (2d) 455; Opinion of the Attorney General No. 3943, dated February 17, 1958; 50 L.R.A. (N.S.) 338; Throop, Public Officers, § 319.