Legislative lawyer says Salem mayor serving in state House might violate Oregon’s Constitution – Salem Reporter

The Legislature’s prime lawyer is warning {that a} Salem Democrat could also be violating the Oregon Structure by serving as mayor of Salem and a state consultant on the identical time. 

Chris Hoy, then a Salem metropolis councilor, was appointed to the state Home final December after former Rep. Brian Clem, D-Salem, stepped down. He deliberate to complete Clem’s time period and didn’t search election to the Home.

As an alternative, Hoy ran for mayor of Salem and received outright within the Might main election, avoiding a runoff. Final week, outgoing Mayor Chuck Bennett resigned forward of a transfer out-of-state and the rest of the Salem Metropolis Council appointed Hoy to start his time period two months sooner than anticipated. 

That raised eyebrows in Salem. On Monday, the Capital Chronicle obtained a legislative counsel opinion saying there was a “vital threat” Hoy’s appointment violates the Oregon Structure. 

Article II, Part 10 of the state Structure prohibits anybody holding a “profitable workplace” or an appointed state or federal job from serving within the Legislature. Hoy causes that serving on the Salem Metropolis Council or as mayor doesn’t rely as a profitable workplace, as Oregon’s second-largest metropolis doesn’t pay its metropolis councilors or mayor.

“If that weren’t the case, then it’s very clear that that will not be acceptable,” Hoy mentioned. “However as I perceive the legislation, and no person has proven me in any other case, it’s completely lawful and I intend to serve out the previous couple of weeks of my time period.”

He mentioned he believed both legislative counsel or the Oregon Justice Division reviewed whether or not he might proceed serving on the Metropolis Council when he was appointed final yr. A number of members of the Legislature, together with Senate Majority Chief Rob Wagner, D-Beaverton and Rep. Mark Owens, R-Crane, have served on unpaid college boards throughout their tenures within the Legislature. 

However within the opinion submitted to the Home Clerk’s Workplace late final week that was reviewed by the Capital Chronicle on Monday, the legislative counsel cited a 1943 Oregon Legal professional Basic ruling on whether or not a circuit court docket decide might serve on a panel of the Nationwide Warfare Labor Board. The decide volunteered to waive compensation – however the legal professional basic on the time dominated that holding each positions would nonetheless violate the constitutional prohibition. 

That 1943 opinion described the aim of the constitutional ban as stopping one individual from holding “incompatible” places of work, or conditions the place performing duties for one workplace would battle with the opposite, legislative counsel Dexter Johnson wrote. 

“Whereas the info are barely completely different right here than in these thought-about within the legal professional basic opinion, I imagine the rationale of that opinion would additionally doubtless warrant a conclusion {that a} volunteer mayor couldn’t function a legislator in compliance with Article II, part 10, as a result of the idea of ‘incompatibility’ would nonetheless be current,” Johnson wrote.

Hoy instructed the Capital Chronicle that he would resign from the Legislature earlier than his time period ends in January if it have been clear that he couldn’t legally serve in each roles. Ought to he resign, Marion County Democrats would choose three to 5 finalists for an appointment and the county fee would make the ultimate appointment. Hoy was appointed following the identical course of final fall. 

One other consultant from Marion County, Republican Invoice Publish of Keizer, resigned final fall following an preliminary lack of authorized readability over whether or not he might proceed to serve within the Oregon Legislature after transferring to Nevada.  

The Home this fall already swore in a single consultant, Sandy nonprofit advisor Lori Kuechler, who will doubtless by no means solid a vote from the Home flooring. Kuechler is ending the final three months of the time period of former Rep. Anna Williams, a Hood River Democrat who resigned in August to take a state coverage job. 

Oregon Capital Chronicle is a part of States Newsroom, a community of stories bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Oregon Capital Chronicle maintains editorial independence. Contact Editor Lynne Terry for questions: [email protected]. Comply with Oregon Capital Chronicle on Fb and Twitter.

STORY TIP OR IDEA? Ship an electronic mail to Salem Reporter’s information staff: [email protected]