Oregon Revised Statutes Chapter 381 § 381.715 — Organization and administration; rules

Organization and administration; rules. (1) Before construction may begin on a bridge, a board must appoint or retain an executive director to perform the duties and functions of the chief administrator of the commission and exercise the powers conferred upon the executive director by the board or under ORS 381.702 to 381.755. The executive director serves at the pleasure of the board. Subject to any rules adopted by the commission, the executive director may appoint staff or retain consultants to carry out the purposes and duties of the commission. (2) Before construction may begin on a bridge, the board must appoint or retain legal counsel, including but not limited to bond counsel, to furnish or cause to be furnished to the commission any opinions, advice and counsel requested by the commission, and to represent or oversee the representation of the commission in legal matters or hearings, as directed by the commission. (3) The commission may employ such engineering, technical, legal, administrative, operating or other personnel, officers or agents on a regular, part-time or consulting basis as the commission deems necessary or beneficial to the performance of the commission’s duties. The commission may fix and provide for the qualification, appointment, removal, term, tenure, compensation, pension and retirement rights of the commission’s officers and employees. Employees of the commission are afforded the labor rights and protections afforded to public employees under the laws of the state within which the primary place of business of the commission is situated. (4) All privileges and immunities from liability, laws and benefits that apply to directors, officers, agents or employees of a municipal corporation under the applicable laws described in ORS 381.745 apply to the directors, officers, agents and employees of the commission. (5) The commission may purchase insurance or self-insure to protect and hold personally harmless any of the directors, officers, employees or agents of the commission from any action, claim or proceeding arising out of the performance, purported performance or failure of performance in good faith of duties for or employment with the commission of the directors, officers, employees and agents, and to hold the directors, officers, employees and agents harmless from any expenses connected with the defense, settlement or monetary judgments arising from the actions, claims or proceedings. (6) The commission may purchase insurance or self-insure against loss or damage to any of the commission’s properties or facilities, damage to persons or property, loss of revenues or other coverages, as the board may elect to accomplish the purposes of the commission. The board may determine the form and amount of the insurance coverage, provided that the insurance amount satisfies the requirements of any agreement arising from the issuance of bonds or other obligations by the commission. The board may enter into intergovernmental agreements with a state, a local government or a combination of states and local governments, to acquire or maintain insurance. (7) Upon request by the State of Oregon, the State of Washington or a local government, the commission shall furnish information related to the commission’s affairs to the requester. The commission shall prepare an annual report summarizing the major activities and expenditures of the commission for the fiscal year and forecasting the major activities and expenditures of the commission for the following year. The commission shall furnish a copy of the annual report, together with any additional information the commission deems appropriate, to the local governments and other interested parties. (8) Except as provided in subsection (9) of this section, a board shall prepare and adopt an annual or a biennial budget and make appropriations consistent with this subsection. In no case can the adopted budget expenditure allowances exceed total estimated revenues unless accompanied by proposed legislation to obtain an equivalent amount of additional revenue. The board may adopt, and subsequently amend, a rule establishing requirements and processes for adopting a budget. The board shall: (a) Establish a budget committee; (b) Publish a public notice for each meeting of the budget committee; (c) Publish a public notice and hold a public hearing on the proposed budget before adopting a budget; (d) Adopt the budget, as amended or revised by the board, before the start of the budget period; (e) Adopt amendments to the adopted budget or adopt supplementary budgets during a budget period, as the board deems appropriate; and (f) Transmit to local governments a copy of the final budget and any amended or supplementary budgets adopted by the board. (9) Notwithstanding subsection (8) of this section, a commission is not required to adopt a budget for any year in which the commission does not hav