Why do most Oregon counties have only three people on their elected governing board?

Three-commissioner boards in Oregon started as a tradition before statehood and later codified in the state’s constitution. Early counties were responsible for law enforcement, jails, property records, establishment and maintenance of roads and minor judicial functions. Before statehood “county courts” consisting of three judges were given responsibility for probate and “county commissioner” administrative jurisdiction. 

Provisions were made for county courts when the Territory of Oregon was established in 1848.  In general, during the 1850s the county court became more of an administrative body, and the tendency was to separate administrative and judicial functions on the same board. 

During the 1857 Oregon constitutional convention some delegates argued that perhaps just a single, well-paid county judge should be responsible for both judicial functions and county administration so it would be easier to determine who was responsible in case county funds were misappropriated or spent lavishly. 

Alert from the Josephine County Charter

The county commissioners have added APPOINTMENT OF NEW COMMISSIONER OR COMMISSIONERS to their agenda for the December 4 County Administration meeting (not the business meeting). Here is what the Josephine County Charter requires for filling vacancies.

The county charter serves as the foundational governing plan for a county. It outlines how many commissioners can be elected and defines their powers. It specifies the roles of other departments within the county government. The charter also includes rules for meeting procedures and managing conflicts of interest.

The Oregon constitutional amendment creating county home rule passed in 1958. Since then, nine of thirty-six Oregon counties, including Josephine in 1980, have adopted home rule and created their own county charters. This allows counties to modify the administrative and operational structures and procedures of local government, such as how county commissioners are elected and how county departments are organized.  Home rule counties can enact local ordinances concerning public health, safety, and welfare.