Number and appointment of deputies and other employees
Source:
Section 204.601 — Number and appointment of deputies and other employees, https://www.oregonlegislature.gov/bills_laws/ors/ors204.html.
Notes of Decisions
The Due Process Clause of the U.S. Const., 14 Am., does not require a public employer to grant an employe holding “office during the pleasure of the appointing officer” a hearing on the grounds for his discharge. Schlichting v. Bergstrom, 13 Or App 562, 511 P2d 846 (1973)
Except for substantive constitutional limitations a public employer can base personnel decisions concerning probationary employes on any reason or no reason; hence, judicial review is not available to a person employed by authority of this section who alleges his discharge was “arbitrary.” Schlichting v. Bergstrom, 13 Or App 562, 511 P2d 846 (1973)
When state statute mandates service and requires counties to provide funding for it, but does not specify service level, amount of funding or alternative method of determining amount of funding, statute necessarily leaves at least budgetary decision over amount of funding to county governing bodies. Burks v. Lane County, 72 Or App 257, 695 P2d 1373 (1985)
County, by adopting personnel rules, could impose conditions of due process or cause on sheriff’s authority under this section and ORS 204.635 to appoint or terminate employment of deputy sheriffs. Graves v. Arnado, 307 Or 358, 768 P2d 910 (1989)
Where sheriff retains full authority under this section and ORS 204.635 and is liable for conduct of deputy, sheriff’s statutory authority to appoint or terminate employment of deputies may not be limited by predecessor sheriff’s action. Graves v. Arnado, 307 Or 358, 768 P2d 910 (1989)
Attorney General Opinions
Property interest of county employes as requiring due process protection in terminations, (1977) Vol 38, p 1356
Law Review Citations
51 OLR 48 (1971)
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