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Polk County treasurer and commissioners clash over duties and office access after court judgment
Summary
Polk County Treasurer Steve Milligan told commissioners Nov. 26 he is being obstructed from performing his statutory duties and cited a court judgment; commissioners said a judge found a county ordinance unenforceable and urged a process to reexamine ORS Chapter 208, without resolving access and authority disputes.
Steve Milligan, the elected Polk County treasurer, used his Nov. 26 appearance before the Polk County Board of Commissioners to press the board to restore the treasurer—s authority and office access after a court judgment he says affirms his constitutional duties.
Reading from court materials he supplied to the board, Milligan said the judgment requires Polk County "including its commissioners, administrator and other agents and employees must allow and facilitate the duly elected treasurer to discharge the powers, duties and functions and prerogatives of the treasurer as required by the Oregon Constitution and Oregon statutes." He said the county had unlawfully reassigned those duties to an unelected official and that documents and job descriptions created since then must be reversed.
Commissioners pushed back on some of Milligan—s characterizations. An unidentified commissioner said the judge had found the county ordinance and subsequent resolution unenforceable and emphasized the need to reexamine ORS Chapter 208 to ensure workflow and deliverables comply with state law. "The judge ruled that that the county ordinance is in conflict with the state statute, so we're starting fresh to reexamine that," the commissioner said.
The dispute included specific operational issues. Milligan said he needs access to the treasurer's office because records are stored in drawers there and contended that he has been denied supervisory authority over staff positions that historically reported to the treasurer. Commissioners and staff responded that county financial books are digital and questioned whether Milligan's office-location request was necessary to perform statutory duties.
Milligan asserted that alternatives and personnel changes proposed by staff — including an option listed in packet materials to hire a finance position and make the treasurer a full-time elected position with an approximate salary of $72,000 — were inconsistent with statements that the treasurer is a part-time role. He warned he would contact his attorney to pursue the matter.
At the close of the exchange, a commissioner asked Milligan to return at the next meeting prepared to explain what he needs to fulfill the statutory duties under ORS Chapter 208 (receiving and dispersing county funds, maintaining accurate financial records and providing monthly financial reports). The board did not take a formal vote on the treasurer's requests during the meeting.
The meeting record shows no formal resolution of the access or authority questions; the parties left the matter with a directive that Milligan detail specific needs for statutory compliance at a future meeting.
