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2002-1380-Order No. 2002-149 Recorded 12/17/2002REVIEWED LEG NSEL DESCHUTES COUNTY OFFICIAL RECORDS C, 101:1360 MARY SUE PENHOLLOW, COUNTY CLERK COMMISSIONERS' JOURNAL 21 12/1 "Ouz 12; Ad PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Declaring the Result of the November 5, 2002 Election on the Measure Referring Ordinance 2002-031 Adopting ORDER NO. 2002-149 Chapter 2.10, County Surveyor, of the Deschutes County Code to the Electors WHEREAS, an election was held in Deschutes County, Oregon on November 5, 2002, on the measure set forth in Exhibit A relating to the adoption of DCC Chapter 2.10 the proposed change in the manner of selecting the County Surveyor from an elected office to an appointed position; and, WHEREAS, an Abstract of Votes, copy of which is attached as Exhibit B, shows that a majority of the registered electors of the County voted to approve the measure; and, WHEREAS, ORS 203.045 (9) requires the Board to canvass the votes and declare the Ordinance approved if the Board determines that the majority of the votes cast were in favor of adoption of the Ordinance; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. At the election held in Deschutes County, Oregon on November 5, 2002, as evidenced by the Abstract of Votes, a copy of which is attached as Exhibit B and incorporated by reference herein, 72,664 electors constituting 69.5 percent of the registered electors in the County cast ballots on the issue of Adopting Chapter 2.10, County Surveyor, of the Deschutes County Code, Providing for the Appointment of the County Surveyor, Prescribing an Effective Date of January 3, 2005, and, of those electors, 28,099 electors voted "yes," 18,056 voted "no" and 4,384 chose not to vote either way on the measure captioned "9-14 CHANGE IN SELECTING COUNTY SURVEYOR," as set forth in the attached Exhibit A, incorporated by reference herein. Page 1 of 2 ORDER 2002-149 (12/10/02) SALegal\Surveyor\Order 2002- Election Declaration.doc Section 2. Because a majority of the electors voting approved the Adoption of Chapter 2.10, County Surveyor, of the Deschutes County Code, Providing for the Appointment of the County Surveyor, Prescribing an Effective Date of January 3, 2005, the measure is declared to have passed and the ordinance is adopted and shall govern the appointment of the County Surveyor on the effective date. DATED this ` 1 ' day of ~~~~~~~2002 ATTEST: N C q UUR-, &IkJAI v Recording Secretary BOARD OF COUNTY OMMISSIONERS I TOM DEWOLF, CHAIR NNIS R. LUKE, COMMISSIONER .1 1wa MI HAEL M. DALY, CO MISSIONER Page 2 of 2 ORDER 2002-149 (12/10/02) SALegal\Surveyor\Order 2002- Election Declaration.doc utticial uescnutes county 2002 General Election Voters' Pamphlet DESCHUTES COUNTY Measure No. 9-14 1 BALLOT TITLE 9-14 CHANGE IN METHOD OF SELECTING DESCHUTES COUNTY SURVEYOR QUESTION: Shall Deschutes County Code Chapter 2.10 be approved providing for the appointment of the County Surveyor beginning January 3, 2005? SUMMARY: This measure, if approved by the voters, al- lows the Board of County Commissioners to appoint the County Surveyor in the same manner as other County employees. Under state law, the Deschutes County Sur- veyor Is an elected County officer. The current elected County Surveyor's term expires on January 3, 2005. Un- der this measure, the County Surveyor would no longer be an independent elected official, but would serve at the plea- sure of the Board of County Commissioners. When appro- priate, the measure will allow the Board to combine the County Surveyor and County Engineer positions into a single job. This measure will streamline the operation of the surveyor's office, reduce costs, and make the County Surveyor accountable to the County Engineer or, if the po- sitions are combined, the Director of the County Road De- partment. The County Surveyor would continue to perform all statutory duties required by law. EXPLANATORY STATEMENT This measure, if approved by the voters of Deschutes County, would change the manner in which the County Surveyor is selected. The measure authorizes the Board of County Com- missioners (Board) to appoint the County Surveyor. Presently, the County Surveyor is an elected County official, selected every four years by the voters of the County. A "yes" vote changes the present method of selecting the County Surveyor by designating the Board as the body who selects the County Surveyor and no election would be held. A "no' vote on this measure continues the present method of selecting the County Surveyorwhere the surveyor runs for elec- tion every four years. This measure would allow the Board to combine the County Surveyors office with the office of County Engineer if it ap- peared desirable to do so. It would also allow the Board of County Commissioners to evaluate the County Surveyor's abil- ity to handle the administrative functions of the office in addi- tion to the qualifications of an applicant as a registered sur- veyor. It is believed that the appointment of the County Surveyor po- sition would result in administrative efficiencies and cost sav- ings. It would allow the Board to assure the appointment of a County Surveyor that would continue excellent service to the public and promote administrative efficiency. This measure, if approved, would become effective on Janu- ary 3, 2005. This is the end of the current elected County Surveyor's term of office. Chapter 2.10. COUNTY SURVEYOR 2.10.010. Appointment of County Surveyor. 2.10.020. Qualifications of County Surveyor. 2.10.030. Oath. 2.10.040. Duties of County Surveyor. 2.10.010. Appointment of County Surveyor. The Deschutes County Surveyor shall be appointed by the Board. The County Surveyor shall serve at the pleasure of the Board at a salary fixed by the Board. (Ord. 2002-0315 1.2002) 2.10.020. Qualifications of County Surveyor. Any person serving as County Surveyor shall be a citizen of the United States, a County elector, a County resident and a registered professional land surveyor, registered under the laws of the State of Oregon. (Ord. 2002-031 § 1.2002) 2.10.30.1. Oath. Before assuming the office of County Surveyor, the person appointed by the Board shall file with the County Clerk an oath of office indorsed thereon, and subscribed by the appointed person, to the effect that the person will support the constitu- tion of the United States and of the State of Oregon and will faithfully carry out the office of County Surveyor. (Ord. 2002-031 § 1.2002) 2.10.040. Duties of County Surveyor. In addition to the duties of County Surveyor under ORS Chap- ter 209, the County Surveyor shall perform such additional duties as the Board and the County Engineer may from time to time assign to the County Surveyor. The County Surveyor shall be supervised by the County Engineer, except that, if the County Engineer Is also appointed County Surveyor, the County Sur- veyor shall be supervised by the Director of the County Road Department. (Ord. 2002-031 § 1.2002) (Information furnished by Tom DeWolf, Board of County Commissioners of Deschutes County Oregon.) ARGUMENTS BEGIN ON THE NEXT PAGE 9-11 Exhibit A A. 0,4,*k toca2-Iqq Page ( of d L)tticiai uescnuies county zuuz general wection voters' vampniet DESCHUTES COUNTY Measure No. 9-14, Continued 1 ARGUMENT IN FAVOR Question: What is the logic for the County Surveyor to be elected when the County Engineer is appointed? Both positions require professional licensing, experience and expertise. Both positions require dealing with the public to explain technical terms, and both require file and retrieval systems for data. Both positions require technical checking of submitted Information prepared by other professionals. Answer: There is no logic. It's just the way it has historically been done. It is time to make this simple but logical change to improve effi- ciency in our county government. By hiring a County Surveyor through the normal hiring process, citizens can be assured that a technically qualified person will always hold the position. The County hiring process includes interview teams so other professionals from the same field can be involved In the process and recommend the most techni- cally qualified candidate.This process is used to hire all County Department Directors and makes the most sense in selecting people for this technical position. This will ensure that the most qualified person is selected, not just the one with the most votes. Another benefit to appointment is thatthe County Surveyorwon't have to run for office every four years, a process that detracts from the job's focus and is an unwarranted expense for a quali- fied person. The job of Surveyor Is not political. It should not be treated po- litically. It should be treated like the County Engineer, the direc- tors of the Road, Juvenile, Health, Solid Waste and other de- partments. This simple change can improve efficiency and lower costs by providing that one person could fill the roles of both County Surveyor and Engineer if he/she has both licenses (a common practice) and is qualified in both areas. Cost savings may also be realized by combining the Surveyors office with the Road Department. Voters continually ask government to be more efficient. This gives opportunity to do it. Vote YES for Ballot Measure 9-141 ARGUMENT IN OPPOSITION Dear Voter: As your elected County Surveyor, I urge you to VOTE NO on the proposed Change in Method of Selecting Deschutes County Surveyor. This measure would not affect my current position as County Surveyor because i would be allowed to complete my elected term. Yet 1 feel it Is my duty as a concerned County official to express my reservations about this measure. The Surveyor is an elected official whose loyalty is to the people and to the law. During my 14 years as your County Surveyor, many people have come to me, asking for help with their boundary problems. My office has helped property own- ers, engineers, surveyors, title officers, bankers, developers, appraisers, and other state and local officials. Their questions can be answered and their problems can be addressed be- cause I have the authority and responsibility conferred upon me by the election process. I am not shackled by 'red tape". I am not delayed while their problem is routed through some bureaucratic maze. Under this measure, the public would lose the independence of the elected Surveyor because the office would become an additional arm of the commissioners. This measure would take away the checks and balances currently in place. The ability to elect our representatives in government is a key part of the American political system, Oregon's founding fathers gave us the right to vote on our County Surveyor. We must not let that power be taken away. Each elected official, Surveyor, Assessor, Clerk, Treasurer, Sheriff, Commissioner has specific duties under state law. These duties are separate and distinct. They require each of- fice holder to have certain qualifications and to be elected by the nennle. By this method, no single individual or department can unduly influence or direct another. "If it's not broke..:' Let's continue voting for the County Surveyor like the majority of other counties in Oregon. Keep local control, VQTE NO on changing the method of se- lecting our County Surveyor. (information furnished by James C. Carnahan, Treasurer Citizens For Efficient Government.) (information furnished by Jeff Kern.) The printing of these arguments does not constitute an endorsement by the County of Deschutes, nor does the county warrant the accuracy or truth of any statement made in the arguments. 9-12 Exhibit ,Ocde.*►at~-t~f9 Page a of DESCHUTES COUNTY,OREGON GENERAL ELECTION NOY 5, WOE A MS County 9-14 CHANGE IN SELECTING.000NTY SURVEYOR 2-NO DISTRICT REPORT Page 9 REG VOTES VOTERS CAST TURNOUT 1 2 UV OV WI PRECINCT 1 2210 1582 71.5 % 914 480 188 0 0 PRECINCT 2 1399 1047 74.8 % 631 332 84 0 0 PRECINCT 3 36 21 58.3 % 14 6 1 0 0 PRECINCT 4 1230 763 62.0 % 440 237 86 0 0 PRECINCT 5 2360 1549 65.6 % 849 554 146 0 0 PRECINCT 6 2273 1404 61.7 % 764 519 121 0 0 PRECINCT 7 2259 1647 72.9 % 1036 436 175 0 0 PRECINCT 8 35 28 80.0 % 21 7 0 0 0 PRECINCT 9 1342 871 64.9 % 448 325 98 0 0 PRECINCT 10 2058 1481 71.9 % 819 567 95 0 0 PRECINCT 11 449 339 75.5 % 228 78 33 0 0 PRECINCT 12 1179 818 69.3 % 470 280 68 0 0 PRECINCT 13 1157 868 75.0 % 464 335 69 0 0 PRECINCT 14 1279 918 71.7 % 521 343 54 0 0 PRECINCT 15 737 573 77.7 % 338 185 50 0 0 PRECINCT 16 ' ' 1302 1070 82.1 % 769 20L, 97 0 0 P INCT 17 L 1737 1153 66.3 % 578 458 117 0 0 P . ANCT 18 2138 1575 73.6 / 815 655 105 0 0 PRECINCT 19 2276 1760 77.3 % 935 693 132 0 0 PRECINCT 20 1417 1014 71.5 7 555 369 90 0 0 PRECINCT 21 1127 833 73.9 % 446 334 53 0 0 .PRECINCT 22 279 191 68.4 / 76 96 19 0 0 PRECINCT 23 25 16 64.0 't. 3 13 0 0 0 PRECINCT 24 884 557 63.0 % 241 284 32 0 0 PRECINCT 25 1989 1206 60.6 % 643 449 114 0 0 PRECINCT 26 901 600 66.5 % 331 195 74 0 0 PRECINCT 27 1400 928 66.2 % 586 256 86 0 0 PRECINCT 28 1975 1390 70.3 % 747 536 107 0 0 .PRECINCT 29 1876 1378 73.4 % 722 534 122; 0 0 0RECINCT 30 634 422 66.5 % 244 143 35 0 0 PRECINCT 31 824 594 72.0 % 308 250 36 0 0 ORECINCT 32 2414 1520 62.9 7. 785 579 156 0 0 PRECINCT 33 2091 1541 73.6 is 889 518 134 0 0 PRECINCT 34 2007 1259 62.7 % 691 421 147 0 0 PRECINCT 35 1372 1122 81.7 % 792 234 96 0 0 -PRECINCT 36 ' 1989 1387 69.7 % 711 538 138 0 0 PRECINCT 37 1084 841 77.5 % 487 304 50 0 0 PRECINCT 38 2292 1407 61.3 % 744 545 118 0 0 PRECINCT 39 1853 1211 65.3 is 578 537 96 0 0 PRECINCT 40 1261 796 63.1 / 354 379 63 0 0 PRECINCT 41 1658 1175 70.8.% 622 476' 77 0 0 PRECINCT 42 2524 1462 57.9 % 733 616 113 0 0 P( INCT 43 1440 1131 78.5 % 644 378 109 0 0 PRMNCT 44 1850 1314 71.0 % 736 447 ' 31 0 0 PRECINCT 45 1423 1057 74.2 % 656 314 87 0 0 PRECINCT 46 1818 1170 64.3 % 684 389 97 0 0 PRECINCT 47 1163 894 76.8 % 600 202 92 0 0 PRECINCT 48 1517 1147 75.6 A 588 476 83 PRECINCT 49 707 513 72.5 % 304 172 37 0 0 R o ww DESCHUTES~COUNTY,OREGON GENERAL ELECTION NOV 5, 2002 1( YES County PRECINCT 50 PRECINCT 51 County I RACE TOTALS DISTRICT REPORT Page 10 9-14 CHANGE IN SELECTIQ COUNTY SURVEYOR 2 - NO REG VOTES VOTERS CAST TURNOUT 1 2 UV OV WI 1111 734 66.0 % 347 335 52 0 0 303 - 262 86.4 % 198 43 21 0 0 72664 50539 69.5 % - 28099 - 18056 4384 0 0 7664 5059 69.5 % 28099 18056 4384 - 0 ---0 I, Mary Sue Penhollow, Deschutes County Clerk, do hereby certify that the votes recorded on this district report correctly summarize the tally of votes cast at the Nov. 5, 2002 General Election for Measure 9-14. •~`'Rated this 26th day of November, 2002. _ tit U ry e ``a M A .Su V-nhollow c . , , b hutea4ounty Clerk . t i . 'Y r cov Exhibit (3, ~~de~~ac~-~yq Page of 9-