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1996-16815-Resolution No. 96-027 Recorded 5/9/1996�. 96-16815 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF A Resolution Establishing a Policy for Compensation of Election Board Clerks. RESOLUTION NO. 96-027 R ET DIVED LEGd COUNSEL DESCHUTES COUNTY, OREGON WHEREAS, the Board of County Commissioners (Board) seeks to establish a policy for compensating election board clerks for their services following an election; and WHEREAS, if the Board decides to compensate persons appointed to serve on election boards, ORS 246.330 requires that such persons be compensated at a rate not less than the federal or state minimum wage, whichever is higher; and WHEREAS, ORS 246.330 requires that the Board fix and allow the specific compensation to be paid to election board clerks; and WHEREAS, to improve administrative efficiency, the Board wishes to compensate election board clerks according to a flat rate that is consistent with minimum wage requirements; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, RESOLVES as follows: Section 1. Deschutes County election board clerks shall be compensated according to the rate schedule established in Exhibit "A", attached hereto and by this reference incorporated herein. Section 2. This rate shall be adjusted by the Board periodically, in response to increases or decreases in the federal and state minimum wage rates. Section 3. Pursuant to ORS 254.545(6), after each election, the County Clerk shall file with the Board a certificate, consistent with the compensation rate established herein, stating the compensation to which the election board clerks are entitled. Section 4. Upon receipt of said certificate, the Board shall order the compensation paid out of County funds. DATED this 8th day of May, 1996. A E T: Recording Secre ary OF COUNTY COMIS51ONERS hair ROB L. NIP Co i'sioner , A;z4w IAJt/- BARRY H. SLAUGHTER, Commissioner 1A1CROFMYEDJO ED / JUN 2, 7 1996 i A® i/� 1996 UO EXHIBIT A RATE SCHEDULE FOR COMPENSATION OF ELECTION BOARD CLERKS Based on the experience of the County Clerk in previous elections, election board clerks typically provide no more than fifteen (15) hours of actual service per election. Additionally, clerks dedicate approximately two (2) hours per election for training and transportation. In order to facilitate a single flat compensation rate, training and transportation hours will be included as time served on the election board. Consequently, the flat rate established herein is calculated on the basis of an estimated total service period of seventeen (17) hours per election. The applicable minimum wage rate for purposes of ORS 246.330 is the federal minimum wage rate of $4.75 per hour. In recognition of the extra level of responsibility assumed by election board chairs, the flat rate for chairs shall be established based on a wage rate of $5.25 per hour. Election board clerks shall be compensated as follows: I. Election Board Chair Compensation: $130.00 II. Election Board Clerks Compensation: $105.00 Election board clerks who provide from seven (7) to eight (8) hours of actual service during any election shall be compensated for service at the flat half-time rate. The half-time rate shall be based on an estimated service period of eight (8) hours per election plus an additional two (2) hours per election for training and transportation, for an estimated maximum service period of ten (10) hours per election. The flat rate for compensation of election board clerks who provide half-time service shall be as follows: Half -Time Service Compensation: $53.00 Election board clerks who provide less than seven (7) hours of actual service during any election shall be compensated at an hourly rate based on the federal minimum wage rate of $4.75 per hour. Total hours of service shall be the sum of actual service hours plus an additional two (2) hours per election for training and transportation. The total service period will range from three (3) to eight (8) hours per election. C"I r, 1Alrr-1 As appointees serving at the discretion of the County Clerk, election board clerks are neither independent contractors, nor County employees. Even if election board clerks were characterized as labor directly employed by a public employer, the County would not be required to provide overtime compensation since election board clerks never serve in excess of 40 hours in any one week. However, since election board clerks share certain characteristics with contract labor, payment rates and overall compensation have been set to reflect the overtime requirements in ORS 279.334. The following chart illustrates how the rate and overall compensation have been set, based on the federal minimum wage and the overtime requirements of ORS 279.334: Chair $5.25 X 8 hrs. $42.00 Clerk $4.75 X 8 hrs. $38.00 1/2 time $4.75 X 8 hrs. $38.00 $7.88 X 9 hrs. total $70.92 $112.92 $7.13 X 9 hrs. total $64.17 $102.17 $7.13 X 2 hrs. total $14.26 $52.26 In recognition of the extra level of responsiblity assumed by election board chairs, the actual compensation for chairs has been increased beyond the hourly rate calculation described above.