2005-1215-Minutes for Meeting October 25,2005 Recorded 10/27/2005NANCY DESCHUTES COUNTY OFFICIAL RECORDS pr
COMM SSIONERSSHJOURNALNTY CLERK IBJ 2005.1115
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2005-1215III
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc
MINUTES OF ADMINISTRATIVE LIAISON
DESCHUTES COUNTY BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 25, 2005
Commissioners' Conference Room - Administration Building - 1300 NW Wall St.., Bend
Present were Commissioners Michael M. Daly and Dennis R. Luke; Commissioner
Tom De Wolf was out of the office. Also present were Mike Maier, County
Administrator; and David Givans, Commissioners' Office. No representatives of
the media or other citizens were present.
The meeting began at 1: 30 p. m.
1. Discussion of a Code Amendment regarding County Administrator
Delegation of Authority.
The group reviewed the draft of the proposed amendment. Commissioner Luke
expressed concern regarding 2.05.05 B. He thought that perhaps two Board
members should be selected in advance to handle administration in the
Administrator's absence, or perhaps one day there will be an assistant
administrator who can take over if necessary.
Mike Maier said that it could be written to include concurrence of the Board so
there is a comfort level there. However, the new County Administrator may
want to change the administrative structure and could build his or her own
team. It is impossible to know at this time what will happen in this regard.
Regarding the clause relating to the Board having no authority over elected
officials, under 2.05.060, Commissioner Luke said he understands the reasons
for the language but still has a problem with the idea of people working under
the supervision of elected officials not being County employees. He would like
more clarification on this point.
Minutes of Administrative Liaison Tuesday, October 25, 2005
Page 1 of 3 Pages
Concerning department heads being selected and appointed by the County
Administrator, the Commissioners would like to see this explained so that
Commissioners can be involved at some level. This would pertain to the major
departments such as Road, Solid Waste, Health, Mental Health, Community
Development, Finance, etc.
Mike Maier indicated he would like to see some of the departments combined
in the future. For instance, Road and Solid Waste could be "Public Works",
Health and Mental Health could be combined into Human Services, and
Juvenile and Adult Probation could be handled under one director. Other
agencies have their departments structured in this manner and it is successful
for them. There is a savings in administrative and other costs, and this type of
structure can be much more efficient overall.
Under 2.05.070, delegation, Commissioner Daly felt the delegation authority
noted was too broad. It was pointed out that the Administrator has to comply
with existing policies and laws. Commissioner Daly was concerned about the
Administrator passing authority on to others. Mike Maier advised that this
authority is similar to what is done now in regard to signing agreements, hiring
and firing, etc. Commissioner Daly said that perhaps a great explanation of the
scope of this authority could be included.
The group briefly discussed the County Administrator position at this time.
Mike Maier suggested that perhaps the Board would want to have the final
applicants give their comments on the ordinance. Commissioner Luke stated
that he wants to finalize the recruitment process as soon as possible, but the
ordinance needs to be in place when the position is advertised.
2. Economic Development Grants
After a brief discussion, the Board approved the following grants:
• Weed Board grant for an upcoming event, $760 (Commissioner Luke)
• Victims' Assistance grant for a special event that already took place, $930
(Commissioner Luke)
• Bend Spay & Neuter Project grant for start-up facilities remodeling costs
and special projects, $3,000 ($2,500 from Commissioner Daly; $500 from
Commissioner Luke)
Minutes of Administrative Liaison Tuesday, October 25, 2005
Page 2 of 3 Pages
3. Other Items.
The Republican Central Committee has asked to use the County's meeting
space for the process involving the selection of a new Commissioner. After a
brief discussion it was determined that since this project directly involves the
County, it would be appropriate for them to use the building.
Being no further items addressed, the meeting adjourned at 2:35 p.m.
DATED this 25th Day of October 2005 for the Deschutes County Board
of Commissioners.
ATTEST:
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Recording Secretary
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Tom DeWolf, Chair
Mi,cVael . Daly, Co missioner
ennis R. Luke, issioner
Minutes of Administrative Liaison Tuesday, October 25, 2005
Page 3 of 3 Pages
Chapter 2.05 COUNTY
ADMINISTRATOR
2.05.010
Purpose
2.05.020
Definitions
2.05.030
Office of County
Administrator Created
2.05.040
Appointment/Removal
2.05.050
Vacancy
2.05.060
Authority
2.05.070
Delegation
2.05.080
Interaction with County
Administrator,
Employees
2.05.010. Purpose.
The Board of County Commissioners
finds and determines that the interests of
the County will be best served by
delegating certain administrative
authority of the Board to a county
administrator who shall be responsible to
the Board for the manner of the County
Administrator's administration.
2.05.020 Definitions
The following terms used in this Chapter
shall have the meanings set forth below:
A. Elected County Official means and
includes the following Deschutes
County elected officials: the Sheriff,
the Clerk, the Assessor, the
Treasurer, the District Attorney, and
the Justice of the Peace.
B. Liaison means the member of the
Board of County Commissioners
assigned by the Board to one or more
county departments, committees or
agencies for purposes of being
informed about issues pertinent to
the department, committee or agency
and not for administrative purposes.
It is the responsibility of the Liaison
to communicate information to the
Board.
2.05.030. Office of County
Administrator Created.
The Office of County Administrator is
created, and the person holding that
office shall act as the head of
administration for the County and, if
delegated by the district governing body,
county service districts.
2.05.040 Appointment/ Removal
A. The County Administrator shall be
appointed by the Board of County
Commissioners for an indefinite
term. The County Administrator is
an at -will employee and may be
removed at the pleasure of the
Board, consistent with any
applicable employment agreement
and this Chapter.
B. The County Administrator may be
removed by a majority vote of the
Board of County Commissioners.
Upon such a majority vote, the
Board shall adopt a preliminary
resolution setting forth the reasons
for the County Administrator's
removal. The County Administrator
may reply, in writing, and may
request an opportunity to be heard at
a meeting of the Board, which shall
be an executive session, unless the
County Administrator requests the
matter be conducted in open session.
After such hearing of the Board, if
one is requested, and after full
consideration, the Board may adopt a
final resolution of removal. By the
preliminary resolution, the Board
may suspend the County
Administrator from duty, but shall,
during the term of such suspension,
cause the County Administrator to be
paid any salary and fringe benefit
amounts due the County
Administrator as the result of the
duly executed employment
agreement in effect at the time of the
preliminary resolution. No such
payment shall be made if the County
Administrator's removal is for any
reason involving moral turpitude or
lack of integrity pursuant to the
employment agreement.
C. Nothing contained herein shall be
construed as prohibiting the Board
and the County Administrator from
negotiating and entering into a
separation agreement.
2.05.050 Vacancy, Absence or
Disability.
A. When a permanent vacancy occurs in
the Office of County Administrator,
the Board of County Commissioners
shall designate an Acting County
Administrator until such time as a
County Administrator is appointed.
The Acting County Administrator
shall have all powers and duties
conferred on the County
Administrator by this Chapter.
B. The County Administrator may
designate an administrative officer of
the County to exercise and perform
the County Administrator's powers
and duties during the County
Administrator's temporary absence
or disability.
2.05.060. Authority.
A. The County Administrator shall be
the Chief Administrative Officer of
the County and all County service
districts, if that authority is delegated
by the governing body of the district.
The County Administrator shall be
responsible to the Board of County
Commissioners for the admini-
stration and management of the
County and its service districts and
shall have control and supervision of
all administrative departments,
divisions, offices, districts and
agencies subject to the County
Administrator's jurisdiction, except
as otherwise provided by law.
The County Administrator shall
exercise no authority over the actions
of elected County officials while
they are performing the duties of
their offices.
B. The Board of County Commissioners
hereby delegates to the County
Administrator broad authority to
perform the County Administrator's
job functions. The County
Administrator is responsible to the
Board for the manner of the County
Administrator's administration. The
Board reserves to itself all of its
legislative and judicial or quasi-
judicial authority, unless expressly
delegated.
C. The County Administrator shall have
the specific authority, if delegated, to
perform all day-to-day functions
necessary for the administration and
management of County affairs and
the affairs of County service
districts. Such authority includes, but
is not limited to, the following:
1. Direct and coordinate the overall
management of County government
in accordance with policies set by the
Board of County Commissioners and
applicable laws.
2. Consistent with any applicable
collective bargaining agreement,
transfer employees from one office
or department to another when the
workload requires such action.
3. Provide the proper administration of
all ordinances, orders and resolutions
of the Board, all contracts entered
into by the County, and provide for
the enforcement of all policies, rules,
procedures, orders and regulations
duly adopted by the Board.
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Select, appoint, supervise, discipline
or dismiss all heads of departments,
except elected County officials and
their appointed personnel, in
accordance with federal and state
laws and guidelines, applicable
contracts and policies adopted by the
Board; advise the Board of the cause
and process used in such action.
Coordinate the work of all offices,
departments and agencies, and devise
ways and means whereby efficiency
and economy may be secured in the
operation of all offices, departments
and agencies.
Prepare and submit to the Board and
budget committee an annual budget
and a long range capital
improvement and expenditure
program, along with a financial plan
for raising revenue, covering a period
of not less than the five ensuing
years, and administer the provisions
of the budget as adopted by the
Board.
Direct the use, maintenance and
custody of all county property,
buildings, works and improvements
according to policies promulgated by
the Board.
2.05.070 Delegation
The County Administrator may delegate
any authority to County department
heads or other County or district staff, in
a manner consistent with the provisions
of the County Code.
2.05.080 Interaction with County
Administrator,
Employees
In the exercise of their authority as
members of the governing body of the
County, Board members may
individually, or as a group in a public
meeting, discuss fully and freely with
the County Administrator any matter
pertaining to County affairs or the
interest of the County. Board members
may not direct any County employee,
other than the County Administrator, in
the performance of their duties. This
section shall not be construed to prohibit
a Board member from performing the
Board member's role as liaison in
making inquiries of County employees
within particular departments, or
members of committees or agencies to
which they are assigned concerning day-
to-day conduct of County affairs.
(Ord. 2005- , § , 2005)
1:30-1:45
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
ADMINISTRATIVE LIAISON AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., TUESDAY, OCTOBER 25, 2005
1. Discussion of a Code Amendment regarding County Administrator Delegation
of Authority — Mark Pilliod
1:45 — 3:00
2. Economic Development Grant Requests:
• Deschutes County Vegetation Department — Weed Summit @ Fairgrounds
• Bend Spay & Neuter Project — Start-up and Special Winter Project
3. Other Items