OAG 40-71.

Case DateOctober 03, 1940
CourtOregon
Oregon Attorney General Opinions 1940. OAG 40-71. 81OPINION NO. 40-71[20 Or. Op. Atty. Gen. 81]Administrator and attorney for Oregon liquor control commission not classified as employees or prohibited from engaging in political activities.October 3, 1940.Oregon Liquor Control Commission.Gentlemen: Under date of September 23, 1940, you have requested my opinion as to whether or not the administrator, Mr. J. J. Hague, and Robert O. Boyd, attorney for your commission, are employees of the commission within the meaning of the word "employee" as used in that part of section 15-1004, Oregon Code 1935 Supplement, as amended by chapter 448, Oregon Laws, 1937, which reads as follows:
"* * * Any employee of the commission who shall engage in promoting or opposing the candidacy of any person for a public office, or in promoting or opposing any measure to be voted on by the people, shall be immediately dismissed."
You have also submitted excerpt from the minutes of the meeting of the Oregon liquor control commission held at Portland, Oregon, on January 26, 1939, which reads in part as follows:
"BE IT RESOLVED that Robert O. Boyd be employed as attorney for the Commission at a salary of $310.00 per
82 month, plus a per diem of $50.00 on account of business requiring his presence away from Portland or on account of court appearances; that Mr. Boyd's salary become effective January 15, 1939, inasmuch as his services actually commenced on that date." Said section 15-1004, as amended, also provides:
"* * * The commission shall appoint an administrator who shall serve at the pleasure of the commission, and all other officers, attorneys, clerks, stenographers, inspectors, auditors, chemists, experts and employees as may be necessary. The administrator shall act as manager, secretary and custodian of the records of the commission, unless the commission shall otherwise order, and perform such other duties as the commission may prescribe. * * *
"The administrator shall devote his entire time to said office, and he shall give bond for the faithful performance of his duties
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