Community Colleges

ORS 341.577
Procedure when district annexes new territory that is greater in population than original district

Except as provided in ORS 255.400 (Definitions for ORS 255.400 to 255.424) to 255.424 (Notice requirements to bring action):


Notwithstanding any other provision of this chapter, when the new territory annexed to an existing community college district is greater in population than the original territory, based upon the latest federal census, the provisions of this section shall govern the community college district for a period of not less than 10 years after the effective date of the boundary change.


Program access and facilities for students shall be maintained in the original territory for a period of not less than 20 years while programs and facilities for students are developed in the new territory.


(a) After the approval by the electors of both the original territory and the new territory of the boundary change, the mode of election of board members shall be changed as provided in this subsection. The term of office of a board member shall be four years. Electors of each of the seven zones shall elect a board member.


No later than the 90th day after the boundary change election under ORS 341.579 (Vote on proposed boundary change subject to ORS 341.577) (1), five zones for the new territory shall be established by the Higher Education Coordinating Commission.


No later than June 30, two zones for the original territory shall be established by the commission before the election of the first director to either zone as provided in this subsection.


Zones shall be established with the boundaries exclusively within the original territory or exclusively within the new territory, and with the zones as nearly equal in population as is feasible according to the latest federal census.


An elector may sign a petition of nomination and may vote only for a candidate from the zone in which the elector resides.


The four-year terms of office pertaining to the five numbered zones of the original territory shall continue until the regularly scheduled June 30 termination date of each expires. A board member shall be nominated and elected in the same numbered zone in the new territory at the regular district election immediately preceding the June 30 date, and the director from that zone shall take office on the July 1 following the date of election.


Board members nominated and elected to office by zone in the original territory, and any person elected or appointed to fill any vacancy in such office, shall continue to hold office until the expiration of the board member’s term.


(A) The two at-large board positions in the original territory shall become the two zoned positions of the original territory after that June 30 on which the last zone of the original territory no longer is in effect.


At that time, the directors in office in the two at-large board positions in the original territory shall each be assigned that zone in which each resides, if both reside in separate zones.


If the two directors reside in the same zone, then that director elected by the greater number of votes between the two directors at large shall hold the board position for the territory of the zone in which the director resided at the date of election, and the other director shall hold the board position of the other zone.


The board members shall continue in office until their respective terms of at-large election expire, provided any vacancy occurring in a board member’s office before the expiration of such term shall be filled until expiration by appointment by the board of a resident of the board member’s zone.


The board shall appoint an advisory committee of seven members, including three from the original territory and three from the new territory. The board shall appoint a seventh, at-large member from a list of persons nominated by the advisory committee. The at-large member shall be the chairperson. The advisory committee members shall be appointed, and may be reappointed, for terms of three years, and the terms shall be staggered so that approximately one-third of the terms of the members end each year. The board shall give deliberative consideration to all recommendations of the advisory committee concerning policy related to district organization, educational services and facilities in regard to both the original territory and the new territory.


Subject to ORS 294.414 (Budget committee), members of the advisory committee shall be appointed to the community college district budget committee. The community college district budget committee shall review and recommend budgets established and delineated by territory based on revenues and resources available.


The chief administrative officer of the district shall maintain the administrative office of the district in the original territory.


Collective bargaining shall be maintained uniformly across the original territory and new territory.


After receiving any recommendation of the advisory committee, the board may continue one or more of the provisions of subsections (1) and (3) to (7) of this section in effect for an indefinite period after the expiration of the 10-year period referred to in subsection (1) of this section.


The original territory shall remain liable for the existing debt of the community college district payable from ad valorem property taxes levied specifically for the payment of such indebtedness. [1995 c.357 §2; 2013 c.747 §68; 2019 c.449 §40]


Last accessed
Jun. 26, 2021