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Who makes up elected government, anyway?

Writer's picture: Policy BearPolicy Bear

"Is there a list of a job description of what each elected office can do? What is the scope of say, a city councilor over a congressman?" -- Dragon


Well Dragon, that's a good question... and larger in scope than some might think.


First off, Oregon has a whole lot of elected offices. Aside from the statewide and legislative seats, we of course have county officials, city councils, judges, and a slew of what's called "special districts," ranging from school districts to soil and water conservation districts, to Oregon's unique Metro regional government. There's not room to talk about every elected office in Oregon, but we hope this gives you a good run-down.


Here's a list of the offices a voter in Oregon could vote for:

  • President of the United States (via Electoral College)

  • U.S. Senator (two)

  • U.S. Member of Congress

  • Governor

  • Oregon Secretary of State

  • State Treasurer

  • State Senator

  • State Representative

  • Oregon Attorney General

  • Commissioner of the Bureau of Labor and Industries

  • Judge of the Oregon Supreme Court

  • Judge of the Oregon Court of Appeals

  • Judge of the Oregon Circuit Court

  • Metro President

  • Metro Councilor

  • Metro Auditor

  • County Commissioner

  • County Clerk

  • County Assessor

  • County Treasurer

  • District Attorney

  • Sheriff

  • City Councilor

  • Mayor

  • Municipal Judge

  • Director for Community College District

  • Education Service District Director

  • School District Director (commonly referred to as "School Board")

  • Fire or Rural Fire Protection District Director

  • Water / Water Services / Water Authority District Commissioner

  • Port District Director

  • Transportation District Board Member

  • Parks & Recreation District Director

  • Sanitary (Sewer Services) District Director

(Let me know if I've missed any!)


Now, depending on where you live, you would only get to vote for some of these offices. For example, if you live outside an incorporated City, you don't get to vote for any City Councilors. But as you can see, there are dozens of elected offices (and therefore a significant number of elected officials) in Oregon. Clatsop County actually has published a good run-down of some of the duties of the more obscure special district responsibilities here. (A "special district" is a local government district that is neither a County nor a City, such as a school district or fire district. Not all special districts elect their boards.)


The other offices may be a little more recognizable, so we'll briefly outline how they fit together. Keep in mind, of course, that an all-encompassing analysis of how each of these offices relates to each other and to their enumerated powers is often the subject of much debate and research on the topic can span a career. So we'll try to keep it reasonably summarized.


Federal Officials


Oregon voters get to vote for federal officials as well as State officials, and these elections -- while run by the Oregon Secretary of State and County Clerks -- are bound to follow some additional federal election laws that state races might not be subject to. the way to identify a federal official is that -- in addition to possibly having regional or district offices in Oregon, they maintain a "main office" in Washington DC.


Members of Congress (U.S. Senators and Representatives)

Oregon has seven members in Congress. Two, like every state, serve in the U.S. Senate and are elected by the entire state. The other five serve in the House of Representatives and are elected by one of five geographic districts that make up the State. So, for example, a person living in Portland would be able to vote for the member of the House of Representatives from their district (every 2 years), and then also for two U.S. Senators (each one elected every 6 years, but staggered so that they're not both up for election at the same time). Congress, acting in concert, has a significant amount of power and is tempered only by the U.S. Constitution. But the Constitution itself outlines limitations to Congress' power, famously in Article I, Section 8, which provides a list of what areas Congress may legislate:


  • The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

  • To borrow money on the credit of the United States;

  • To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

  • To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

  • To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

  • To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

  • To establish Post Offices and Post Roads;

  • To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

  • To constitute Tribunals inferior to the supreme Court;

  • To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

  • To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

  • To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

  • To provide and maintain a Navy;

  • To make Rules for the Government and Regulation of the land and naval Forces;

  • To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

  • To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

  • To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

  • To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


Congress is considered to be limited to these activities, however two clauses have been interpreted to drastically expand its abilities since the Constitution was adopted. The "Interstate Commerce Clause" (underlined above) was found in 1942 to broadly apply to policies that have either direct or indirect effects on interstate commerce (which are a lot!), and the "Necessary and Proper Clause" (also underlined), which was found in McCulloch v. Maryland (1819) to allow significant discretion to Congress as to what to consider "necessary" and "proper."


President (and Vice-President) Oregon voters get to -- through our collective 7 votes in the Electoral College -- have a say in who becomes President. The President's powers are of course tempered by the U.S. Constitution and by Congress. Strictly speaking, if a power of the President is not expressly granted by the U.S. Constitution, then the President must function within the scope of the law as established by Congress. Oregon's State Officials


But here's the fun part. Oregon elects its own officials as well... and it's not as cut-and-dry as the "Three Branches of Government" at the Federal level.


State Legislators (State Senators and State Representatives)

First, we have the State Legislature. Like Congress, the Legislature is made up of a Senate and a House of Representatives (though they are sometimes called different things, each U.S. state has these two chambers in their State Legislatures except for Nebraska, which only has a Senate). However, the State Legislature has different constraints and different powers.


Firstly, the State Legislature may do almost anything that is not the responsibility of Congress (and even then there's some leeway), unless it is found to violate: 1) The U.S. Constitution, 2) the Oregon Constitution, or 3) the Admission Acts. (The Admission Acts were an agreement between Oregon and the federal government that held Oregon to certain standards in exchange for becoming a State.) Broadly, the State Legislature has the authority to raise revenue, spend that revenue, and establish laws governing commerce, criminal behavior, infrastructure, education, and hundreds (or thousands) of other topics.


Governor

The Governor of Oregon, like the President of the United States, is charged with ensuring that the laws are carried out, and with managing the various state agencies and departments under their authority. Like the President, the Governor is involved in the legislative process in that they sign or veto legislation that the legislature passes. (However, in Oregon the Legislature has the power to "refer" topics to a vote of the people, thus bypassing the Governor!)


Unlike the Federal government, Oregon has two other Constitutional officers alongside the Governor, the Secretary of State and State Treasurer. These offices frequently work together (or against each other as the case may be), but are independently elected. Their powers and responsibilities are outlined in the Oregon Constitution.

Secretary of State

The Secretary of State is charged with several duties, the three most significant being overseeing elections and campaigns, auditing various areas of government, and serving as the archivist of state records.


State Treasurer

The State Treasurer has only one Constitutional responsibility: to sit on the State Land Board (more on that below). However, the Constitution also instructs the Treasurer to perform whatever duties the Legislature gives them, so the office also serves as a financial officer for the state: handling money transfers, coordinating borrowing, and overseeing investments.


State Land Board

The Governor, Secretary of State, and Treasurer comprise the State Land Board. This is the board that manages the Department of State Lands and oversees over a billion dollars in investments and real estate (including the controversial Elliott State Forest). So while most state agencies and departments are ultimately responsible to the Governor, the members of the State Land Board each have one vote apiece and share the authority over the Department of State Lands.

Oregon's Local Officials


Wherever you live in Oregon, you're served by at least a handful of government entities. Everyone lives within a county, which means you get to vote for several county offices:


County Commissioner

County powers differ between counties, but each one is run by a group of elected Commissioners. Counties typically work as service providers of state-mandated (or sometimes state-provided) services, manage infrastructure such as roads, and engage in land use planning for unincorporated (non-City) areas. Counties have their powers (and boundaries!) outlined by Section 20 of Oregon Revised Statutes, which runs from Chapter 201 to Chapter 215.


Sheriff

The Sheriff is the chief law enforcement officer for each county, having authority over law enforcement outside of city limits (though sheriffs and deputies still have authority within city limits!) and usually responsibility for a number of other public safety-related items such as jails or issuing CHL permits. A county Sheriff (or deputies) may take action inside city limits, but they do not have management authority over municipal police officers (though they often coordinate efforts).


Mayor / City Councilors

There are various types of city governments, but most likely a voter in a city election will be able to vote for a Mayor and at least one (and sometimes more) City Councilor. Typically, a City Council and Mayor in Oregon function more like a parliament than like a Legislature-Governor arrangement. Most City Councils can pass items without fear of a veto from the Mayor, and the Mayor typically sits on the Council as a member -- albeit one in charge of running the meeting. (Municipal forms of government, it should be noted, could even be its own article!) Cities have their powers outlined by Section 21 of Oregon Revised Statutes, which runs from Chapter 221 to Chapter 227. Aside from various ordinances that are designed to "keep the peace" (such as restrictions on door-to-door soliciting, speed limits, noise ordinances, etc), Cities are responsible for a number of what's called "urban services," or services that you generally might not find (but sometimes do anyway) in unincorporated County areas. These services include sewers, water pipes, police departments, etc. In addition, Cities and Counties are both held to


So, cities and counties ultimately have their abilities circumscribed by a State Legislature, meaning that City Councilors are restricted by limitations in state law, the state constitution, and some state regulations -- in addition to federal law. A member of Congress may be able to draw upon more immense resources, but are similarly constrained by the list of Article II powers in the U.S. Constitution. However, Congress has a long history of successfully expanding its powers through supportive precedent by the courts. Meanwhile, a local city council may still be debating the county regarding whose responsibility it is to fix a particular pothole.



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