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KLAMATH CTY. COMM. v. SELECT CTY. EMPL.

95-03694-CV; CA A92300.

939 P.2d 80 (1997)

148 Or. App. 48

In the Matter of the Legality of Certain Employment Contracts Between Klamath County and County Employees. BOARD OF KLAMATH COUNTY COMMISSIONERS, Respondent, v. SELECT COUNTY EMPLOYEES, Defendants, and Dennis J. Englehard, Appellant, and Thomas W. Spencer and Wes Sine, Intervenors below.

Court of Appeals of Oregon.

Decided May 7, 1997.

Attorney(s) appearing for the Case

Mark D. Clarke, Medford, argued the cause for appellant. With him on the briefs was Frohnmayer, Deatherage, Pratt, Jamieson & Clarke, P.C.

William F. Gary, Eugene, argued the cause for respondent. With him on the brief were Judith Giers and Harrang Long Gary Rudnick, P.C.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

Intervenor, Dennis Engelhard, appeals from a judgment declaring his employment contract with plaintiff, Board of Klamath County Commissioners, invalid and unenforceable. ORS 33.720(4). The question is whether the outgoing Board of Commissioners, by contract, can prevent the incoming Board of Commissioners from terminating Engelhard—the county's Director of Personnel—except for death, disability or cause. We affirm.

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