Clatsop County Ordinance 2001-10, which sets out procedures for appointment and removal of members of county boards and commissions, is a valid ordinance and provided full authority for the March 23 decision of the Clatsop County Board of Commissioners to vacate all seven positions on the Clatsop County Planning Commission, according to the county’s legal counsel.
The legal review came in response to statements that the county’s ordinance was never filed with the Oregon Department of Land Conservation and Development under a state statute that requires local governments to present proposed changes to their land-use rules to DLCD for review.
In a memo to County Manager Duane Cole, County Counsel Blair Henningsgaard stated that the statute, ORS 197.610, requires DLCD review for any proposed amendments to a local government’s comprehensive land-use plan or land-use regulation, or any proposed new land-use regulation.
According to Henningsgaard, Ordinance 01-10 deals broadly with the board of commissioners’ authority in regards to various county boards and is not considered a comprehensive plan amendment or new regulation, and for that reason did not require review by DLCD.
State law requires geographic and professional diversity on planning commissions, but otherwise gives local governments broad discretion in establishing their own rules for appointment and removal of members, Henningsgaard said.
Ordinance 01-10, adopted by the board of commissioners July 24, 2002, states that “all members of any board, commission or committee of the County shall be appointed by and serve at the pleasure of the Board of Commissioners (Sect. 3-B);” and “the Board may remove any appointed board, commission or committee member from his or her appointment by affirmative vote of at least three commissioners (Sect. 3-D).”
On March 23 the board voted to vacate the planning commission’s seven positions and seek applications from both current members and new applicants. The board plans to make the appointments by June 30.
The county is currently accepting applications. To apply, obtain an application form and return it to the Clatsop County Manager’s Office at 800 Exchange St., Suite 410, Astoria OR 97103, (503) 325-1000. Forms are available from the County Manager’s Office or can be downloaded from the county website at “Documents” under “County Manager.”
The deadline to apply is May 13.
To see Ordinance 01-10 and the bylaws governing the planning commission, go to “Land Use Planning” at the county website and click on “Planning Commission.”
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