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Term limit testing


There are those who believe term limits for elective office will “fix” some of the problems we face with “career” politicians. While the idea is tempting for some reasons offered by supporters, I’m not convinced. In one Oregon county, we’re about to see if term limits are even legal.

Last year, Douglas county voters approved term limits for just their county. Now, one of the best and most effective commissioners in the state is running into the limit wall and taking the issue to court. While her case pertains to only one county in one state, it offers a look at how the issue could play out elsewhere. And where the courts are on the subject.

Susan Morgan has served two consecutive terms. Prior to that, she was in the Oregon legislature for several years. She’s experienced, effective, dedicated to public service and is as good at her job as they come. She is NOT the kind of public servant you want to lose in some “one-size-fits-all” attempt to rid the system of bad apples.

But, as she attempted to file her re-election papers with the County Clerk, she was rejected because of the Douglas County term limiting law. Viewed from the outside, it appears the clerk was simply doing what he was legally bound to do because of the 2014 referendum. So, Commissioner Morgan has filed what can be called a “friendly” action challenging the law.

In her filing, she says two independent legal opinions have concluded term limiting is “most likely unconstitutional because it imposes additional qualifications on the office of county commissioner (in addition to) the qualifications set out in the state constitution.” Further, “the ordinance limits the rights of voters to vote for the candidate of their choice.”

But, even before Morgan got to the filing stage, Clerk Dana Jenkins had been seeking some legal advice to have on hand if/when the term limits issue came up.

The legal eagle contacted opined the limiting ordinance is more than likely “unconstitutional as it impermissibly imposes additional qualifications to the office of county commissioner.” As for implementation, “It is evident the text and context of the Measure are ambiguous. It clearly imposes a term limit of eight consecutive years (but) is not clear…to whom or when the term limits apply and how they apply. It uses undefined and inconsistent terms and addresses similar concepts multiple times but in different ways.”

Term limiting is another “simple answer to a complex problem.” There are several basic reasons to oppose it. One is the loss of “institutional memory” from those who’ve served for some years. That’s often important because it can keep newcomers/reformers from making the same mistakes of the past. (NOTE: The Idaho Legislature is a stark exception to that as evidenced by the continuing waste of tax dollars in repeated losing attempts to fight both state and federal law. And common sense.) Institutional memory is more often than not deemed a good thing in almost any other field – and any other state – and is certainly important in public service areas.

Throwing excellent, long-serving office holders out just for the arbitrary mathematic hell of it also means more power for lobbyists who’re often around for many years. The newly elected would have to rely on the “institutional memory” of professional “civilians” paid to influence lawmaking. Is that how you want the process to work?

That same transfer of power would go to long-serving – but unelected – civil servants who’re also around for decades in their careers. If one such “servant” wanted to thwart creation of a new law – or of some elected lawmaker – he/she could just wait around, outlasting the office holder trying to get something done.

There are many other reasons why the seemingly simple “solution” offered by term limits would not be in the nation’s – county’s – state’s best interests. As the Morgan suit moves through the legal system, I expect many such problems will be duly expressed.

I’ve known Republican Commissioner Morgan for a number of years and would put her in the ranks of the best elected officials I’ve ever met, regardless of office. In some ways, it’s too bad such an effective politician has to be the test case for a bad law. On the other hand, she’s respected all over Oregon because of her tireless work in the legislature and elsewhere. It could be her justifiably respected reputation will assure her legal action is expeditiously handled by the courts before she gets to the absolute filing deadline and Douglas County loses her talents. And experience.

I admire many professionals who support term limits. I just disagree. Besides, we’ve already got ‘em. It’s called the ballot. Use it. It works!

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