Jackson County commissioners want the state attorney general to issue an opinion on whether county surveyor Scott Fein can work a second job as surveyor in Curry County.

Commissioners this week directed Fein to seek the opinion from Oregon Attorney General Ellen Rosenblum’s office, calling it a “question of Oregon constitutional law.”

“If you decline to seek an opinion from the Attorney General, the Board will have to consider other options to obtain clarity on this situation and its impacts on Jackson County,” the letter signed Thursday by the three commissioners states. 

Jackson County Commissioner Rick Dyer said at the work session, which Fein attended, that the letter is “not an accusation,” and is “just looking to get some clarity.”

Reached by phone Thursday afternoon, Fein noted that Jackson County Counsel Joel Benton did not sign the letter. 

“It is unclear if this is just (commissioners’) opinion or if there’s legal backing behind it,” Fein said. He declined to comment further about the letter on advice of his lawyer.

The letter comes on the heels of an April 16 discussion with the Elected Officials Salary Review Committee, in which the county counsel’s office and the county administrator brought to the committee’s attention that Fein has also been working as Curry County’s surveyor since June.

Fein at the time said his role was “no secret,” but it surprised the committee tasked with setting Fein’s salary for the year. Members of the committee questioned Fein, but they ultimately approved the full salary, which effective July 1 will be $126,506 per year, or $60.82 per hour. According to the letter, Fein is paid a similar wage as Curry County’s surveyor, $60 an hour. 

The commissioners’ letter highlights a section of the Oregon Constitution that prohibits any person from holding more than one lucrative office at the same time. Commissioners voice concern in the letter that, “it is unclear if holding both of these positions has had the effect of vacating the office of Jackson County Surveyor.”

Fein said in the interview Thursday that working for two counties was not an issue for the commissioners nearly five years ago, when he spent a year filling in for Klamath County after the sudden death of surveyor Mike Markus. Fein described Markus as a mentor and friend.

He brought Klamath County’s problem to local elected leaders in 2019. They set up an intergovernmental agreement that brought in revenue for Jackson County but resulted in a year of 15-20 hours of extra work per week. According to a copy of the intergovernmental agreement provided by Fein, the contract was worth $100,000.

“I received no additional salary,” Fein said. 

When Curry County reached out to him last year, he opted to work directly for the county. He likened it to his other side jobs such as consulting work as a certified water rights examiner and private survey work. Fein’s Jackson County web page shows that he is a licensed professional surveyor in Idaho, but Fein says he has never done work there.

Surveyor is an elected position in Jackson County. Fein has been county surveyor since 2012, and is running unopposed in the May 21 primary.

The letter tasks Fein to request an opinion from the AG’s office on two issues: “(1) whether your current situation is constitutional,” and “(2) if holding both of these positions is not constitutional, what the effect of the violation of the Oregon Constitution has on your position as Jackson County Surveyor.”

Getting a determination from the state may cast ripples for two other surveyors working in four Oregon counties.

Wheeler County’s elected surveyor Michael Springer was appointed in 2020 and is running for reelection in the county’s May 21 primary, election records show. Grant County voters separately elected Springer as their surveyor in May 2022.

Hood River County’s appointed surveyor Brad Cross is also Wasco County’s surveyor. Hood River County’s website shows that the two counties have had a history of sharing surveyors via intergovernmental agreements since 2014.

Editor’s note: This story has been updated to reflect that although Fein is licensed as a professional surveyor in the state of Idaho, he has never done any work in the state.