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1992-05063-Minutes for Meeting May 10,1991 Recorded 2/19/1992c 92-05063 0108 1473 MINUTES DESCHUTES COUNTY BOOARD OF COMMISSIONERS g� FEB19P Y t$3 , 1991 Chairman Maudlin opened the meeting at 9:05 a.m. Board member 1 attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Oscar Bratton, Assessor; Rick Isham, County Counsel; Mike Maier, County Administrator; John Witty, Labor Counsel; Debbie Legg, Personnel Specialist; and Joan Rotsolk, Deputy Assessor. Before the Board was a discussion of two requests from County employees: (1) a memo dated April 26, 1991, from Joshua Marquis, Chief Deputy District Attorney, requesting to "donate" sick time or vacation time to Janice Shannon, and (2) an undated memo to Personnel and Joan Rotsolk from Janice Shannon requesting a medical leave to paid for from "donated" sick time or vacation time from Joshua Marquis. Rick Isham said that Janice Shannon did not have any,sick leave so the only basis for approval of a medical leave in accordance with the County Personnel Rules would be a leave without pay. Mike Maier said that said a transfer of vacation time had been allowed three years ago in the Public Works Department. There was a lot of controversy over this decision and because of the potential problems, the Board had not allowed a transfer of leave time since then. He said a number of requests had been made, but they had all been denied. He said that to do so would really create problems because it would become a popularity contest and would be expensive for the County. Concerning the request for a leave of absence without pay, the Personnel Rules stated that if the Department Head granted the leave, the Board would have final authorization. Rick Isham asked about the history of granting or denying sick leave without pay. Debbie Legg said she knew of at least three requests in the last year which were approved. Rick Isham asked if she was aware of a situation of leave without pay for a probationary employee. Debbie Legg said she did not know and would have to look it up. John Witty asked if the County had ever approved such a request for an employee who had exhausted their sick leave prior to making the request. Debbie Legg said yes. Commissioner Maudlin said that he had not seen a request from Janice Shannon for a leave without pay. John Witty said that the undated memo to Personnel could reasonably be considered a request for leave without pay. Rick Isham and Mike Maier said they both considered it a request for leave without pay. PAGE 1 MINUTES: 5/10/91 KEYf9HEI) VJC,'0F;,MFD f*f- V -MAR .;1, �<') I- L - B �y _ 9" i r 0108 14'74 Commissioner Throop asked how the job status of Janice Shannon fit into the discussion if at all. John Witty said it was difficult to separate the issue of attendance problems and other problems which were subject to a grievance she had filed which was pending. He felt uncomfortable dealing with the specifics of those problems, but when dealing with the question of whether the Board should gant this leave request, it was very difficult to separate out the fact that this was an employee with attendance problems and is probationary. He said this made this request unique and different from requests that had been received in the past. Rick Isham said it was his opinion that the purpose of this meeting was not to deal with the pending grievance. He said the Board was a potential hearings body for any grievances filed should the Department Head take action. #1. Chairman Maudlin asked he would like to deal with the request from Joshua Marquis regarding donating his leave time. THROOP: I would move that the request be denied. SCHLANGEN: Second. Commissioner Throop said he felt strongly that transferring vacation and sick leave time created a lot controversy among employees which was difficult to deal with and interfere with the work the departments were expected to do. He said it would establish an equity problem in the County where different employees would be treated in different ways. He said it would be difficult and expensive to administer especially given the budget problems the County was facing. Commissioner Schlangen felt it should be denied because it would create an equity problem. The one time it was allowed it proved to be a problem. Chairman Maudlin said that when the one situation was allowed, the Board had been advised by the County Administrator that they were making a "bad step." To his knowledge, no requests had been approved since then. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES #2. Chairman Maudlin said the second request was from Janice Shannon for medical leave which would be without pay due to the previous motion. SCHLANGEN: I'll make a motion that we deny the medical leave. PAGE 2 MINUTES: 5/10/91 0108 1475 THROOP: I'll second the motion. Commissioner Schlangen said she was terribly concerned about the Assessor's Office efficiency because of ballot Measure 5 and the increased needs because of the rapid growth of the County. Oscar Bratton said they were currently understaffed and with the cut back to 36 hours on July 1, 1991, they would be further restricted and would every staff person working in order to even come close to meeting their responsibilities. He was also concerned that the leave could be extended beyond the original request. Rick Isham asked if Oscar Bratton was recommending that the request be denied? Oscar Bratton said yes. Mike Maier said that if they went back and researched the personnel files, he did not think they would find one instance in which an extended sick leave or any kind of leave of absence was granted by the Board contrary to the recommendation of the Department Head. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DESCHUUT S COUNTY BOARD OF COMMISSIONERS To, Throo ,,ZQmmissiongr Dick Maudlin, Chairman BOCC:alb PAGE 3 MINUTES: 5/10/91