(1) There is established the Oregon Transportation Commission consisting of five members appointed by the Governor, subject to confirmation by the Senate pursuant to Article III, section 4, of the Oregon Constitution. A member serves at the pleasure of the Governor.

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(2) The Governor shall appoint members of the commission in compliance with all of the following:

(a) Members shall be appointed with consideration of the different geographic regions of the state with one member being a resident of the area east of the Cascade Range.

(b) Not more than three members who belong to one political party. Party affiliation shall be determined by the appropriate entry on official election registration cards.

(3) At the time of appointment, a member or a relative of a member, as defined in ORS § 244.020, may not have an actual conflict of interest, as defined in ORS § 244.020.

(4) Notwithstanding ORS § 244.120 (2), when met with a potential or actual conflict of interest, as those terms are defined in ORS § 244.020, a member shall announce publicly the nature of the potential or actual conflict and:

(a) Except as provided in paragraph (b) of this subsection, refrain from participating as a public official in any discussion or debate on the issue out of which the potential or actual conflict arises or from voting on the issue.

(b) If the member’s vote is necessary to meet a requirement of a minimum number of votes to take official action, be eligible to vote, but not to participate as a public official in any discussion or debate on the issue out of which the potential or actual conflict arises.

(5) The term of office of each member is four years. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. In case of a vacancy for any cause, the Governor shall appoint a person to fill the office for the unexpired term.

(6) The Governor shall appoint one of the members as chairperson. The chairperson shall appoint one of the other members as vice chairperson. The chairperson and vice chairperson shall have such terms, duties and powers as the Oregon Transportation Commission determines are necessary for the performance of such offices.

(7) A majority of the members of the commission constitutes a quorum. If a quorum is present at a meeting, the commission may take action by an affirmative vote by a majority of the members who are present. An individual member may not exercise individually any administrative authority with respect to the Department of Transportation.

(8) The commission shall meet at least quarterly, at a time and place determined by the commission. The commission shall also meet at such other times and places as are specified by the call of the chairperson or of a majority of the commission.

(9) A vacancy does not impair the right of the remaining members to exercise all the powers of the commission, except that three members of the commission must agree in the selection, vacation or abandonment of state highways, and in case the members are unable to agree the Governor shall have the right to vote as a member of the commission.

(10) The commission shall keep complete and accurate records of all the meetings, transactions and business of the commission at the office of the department.

(11) The commission may provide an official seal.

(12) The commission may hire staff the commission deems necessary to assist the commission in carrying out its duties. The staff shall be considered employees of the department for purposes of the State Personnel Relations Law under ORS Chapter 240.

(13) A member of the commission is entitled to compensation and expenses as provided by ORS § 292.495. [1973 c.249 § 3; 1981 c.545 § 3; 1983 c.428 § 1; 2017 c.750 § 2; 2019 c.491 § 8]

[1973 c.249 4,9; 1979 c.293 § 1; repealed by 2017 c.750 § 140]