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1991-20246-Minutes for Meeting June 13,1991 Recorded 7/11/199191-20246 11;�,..Gf�—►AED 0107 0636 X111.2 MINUTES DECISION ON JANICE SHANNON DISMISSAL GRIEVA$V-1@U11 I ; P11 12; DESCHUTES COUNTY BOARD OF COMMISSIONERS ', June 13, 1991 fJ Erb Chairman Maudlin called the meeting to order at 11 a.m. Board members in attendance were Dick Maudlin, Tom throop, and Nancy Pope Schlangen. Also present were Rick Isham, County Counsel; Oscar Bratton, County Assessor; Joan Rotsolk, Deputy Assessor; John Wurst, Chief Property Appraiser; Janice Shannon, grievant; and Bill Hopp, attorney for Ms. Shannon. Commissioner Throop said he wanted to dispense with a couple of collateral issues. Concerning the 1973 indictment out of Malheur County and the allegation that there was some retribution taken against an employee by Mr. Bratton, he said he didn't think it had any bearing on Ms. Shannon's case. Concerning the allegation of intimidation, he didn't see any substantive facts to support it. It was his view that this case involved a probationary employee who had an intolerable attendance record, and who demonstrated she could not conform with the call in procedures. The administrative rules dealt with the treatment employees would receive when they showed up for work and did not deal with employees who were unable to maintain regular attendance. He recognized that Ms. Shannon had some physical problems, but many of her absences were not related to that specific problem. He felt they had worked with the employee and encouraged her to follow the procedures for calling in sick. It was his view that the Board should support the action taken by the Assessor. Commissioner Schlangen said Ms. Shannon was a probationary employee who was unable and unwilling to conform to the work rules, and who had, by her absenteeism, demonstrated her inability to perform the required duties of the job. She felt the County had followed its policies in both verbal and written notices. Each evaluation had indicated a lack of production by Ms. Shannon. She felt Ms. Shannon's attendance record was intolerable. Mr. Hopp's allegations concerning the disabilities act were unfounded since there was nothing in Ms. Shannon's record to indicate that her back injury was not accommodated. She felt the allegations against Mr. Bratton referring back to 1973 had no bearing on this case, and there were no facts to support the intimidation allegation. She agreed that Mr. Bratton proceeded correctly with the termination. Chairman Maudlin mentioned that when Mr. Willis, previous Chief Appraiser, was hired, he started working with all of the employees on a dress code. Mr. Willis ended up with a stringent dress code, which did not require ties or jackets, and was consistent throughout Mr. Willis' time with the County. This dress code was consistent through Mr. Willis' time with theounty. Chairman PAGE 1 MINUTES: 6/13/91 I�A 0107 0037 Maudlin continued that Ms. Shannon had a consistent record of absenteeism, starting with the first month of her employment, which increased the work load for the remainder of the staff. When Mr. Isham questioned the ex parte issue, Mr. Hopp stated that he had not challenged any member of the Board for ex parte contacts, because the Board members said there had been none since the grievance was filed. THROOP: I'll move that the Board uphold the decision of the Director of the Assessor's Department, the elected Assessor, in this matter. SCHLANGEN: Second that. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DESCHUT COUNTY BOARD OF COMMISSIONERS T Throo ommissioner Nancy Po a Sc langen, Commis Toner D3 and in, Chairman BOCC:alb PAGE 2 MINUTES: 6/13/91