2006-835-Minutes for Meeting June 19,2005 Recorded 8/22/2006FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY CLERKS Cj 2006'i3l
COMMISSIONERS' JOURNAL 08/22/2006 01;28;09 PM
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Deschutes County Clerk
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statement, in accordance with ORS 205.244:
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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.org
MINUTES OF MEETING
DEPARTMENT HEADS & BOARD OF COMMISSIONERS
MONDAY, JUNE 199 2005
Upstairs Conference Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Michael M. Daly and Bev Clarno.
Also present were Mike Maier, County Administrator; Scot Langton, Assessor;
Dave Peterson and Bob Haas, Information Technology; Renee Warner, Building
Services Dan Despotopulos, Fair & Expo Center; Susan Ross, David Givans and
Anna Johnson, Commissioners' Office; Carol Rooney, Law Library; Marty Wynne,
Finance Department; and Robin Marshall and Debi Harr, Commission on
Children & Families.
Others present were Tom Blust, Road Department; Nancy Blankenship and Judy
McCaul, Clerk's Office; Dan Peddycord, Health Department; Bob Lacombe,
Charity Hobold and Terry Chubb, Parole & Probation; Timm Schimke, Solid
Waste Department; Larry Blanton, 9-1-1 and the Sheriff's Office; Keith
McNamara, Veterans ' Services; and Chris Bell, Mark Pilliod, Mark Amberg and
Laurie Craghead, Legal Counsel.
Also in attendance were Mike Viegas and Ken Harms, Risk Management; ; Mike
Dugan, District Attorney; Scott Johnson, Mental Health Department; Bob
LaCombe, Juvenile Community Justice; Debbie Legg and Tracy Goodman,
Personnel; Tom Anderson, Community Development Department; and Chuck
Fadeley, Justice Court. Also present were media representative Shalik Koleini of
News Channel 21; and newly hired County Administrator Dave Kanner. No other
citizens attended.
The meeting began at 12:05 p. m.
Minutes of BOCC/Department Heads Meeting Monday, June 19, 2005
Page 1 of 5 Pages
1. Introductions.
The attendees introduced themselves at this time. Mike Maier introduced Dave
Kanner, adding that there will be an open house for Dave to meet the public and
media the evening of June 20 at Bend Country Club.
2. Discussion of United Way Campaign.
Anna Johnson explained that she made 45 presentations last year to departments
and others. This year more the department heads will need to assist, along with
the services of a loaned executive. Ideas on how to handle this annual event are
welcome.
There are still a few openings to help at the County's booth at the Fair, August
2 through 6.
3. Discussion of Confidentiality of the Addresses of Public Safety Officers and
Stalking Victims.
Laurie Craghead presented handouts of Bills that have passed the Legislature,
exempting from public records disclosure information on public safety officers
and victims of domestic violence and stalking. None of the exemptions
excludes the person's name, just e-mail addresses and personal addresses.
Discussion took place regarding how complicated the issue is. Dave Peterson
pointed out that identity theft is a real problem, and sometimes social security
numbers and other confidential information is included in documents that are
recorded by the Clerk. Nancy Blankenship explained that what is already
recorded cannot be removed; and that it is the responsibility of those preparing
documents to take care that such confidential information is protected.
4. Update on Proposed Home Rule Charter Process.
Mark Pilliod stated that the Committee has been meeting weekly since the end
of March, and is now gathering information. He added that most have had little
experience in government. They hope to have the proposal on the November
ballot. This is the fourth effort; the last was in 2000. All were defeated at the
polls.
Minutes of BOCC/Department Heads Meeting Monday, June 19, 2005
Page 2 of 5 Pages
At this point, it appears the measure will have the Sheriff and Clerk remaining
elected positions; the Treasurer and Assessor would be appointed. There would
be five Commissioners, elected by district, based on population. They would be
part-time, but with a full benefit package. It is unknown at this point if they
would be partisan. There are many details to address, such as the transition to a
different form of government and how the day-to-day workload would be
handled. The Board would concentrate on policy issues.
The question was asked why this change is so urgent. Mr. Pilliod replied that it
appears to be media-driven, as most of the public seems ambivalent to the issue.
The Committee thus far is not unanimous on many of the key factors.
5. Department Updates.
Timm Shimke said that the household waste event was very successful. They are
working on the north area development project, including the transfer station.
Bob LaCombe stated that the Parole & Probation Department is working full-
speed on filling positions; things are relatively quiet at this time.
Mark Pilliod explained that union negotiations are underway, and his
department is handling Measure 37 litigation and the proposed incorporation of
La Pine. Mark Amberg added that Parole & Probation would be members of a
new union.
Undersheriff Larry Blanton is now acting director of 9-1-1.
Dan Peddycord said that his department is monitoring the avian flu, West Nile
virus and hepatitis cases.
6. Other Items.
Susan Ross said that the South County Services Building is now fully operational.
The employee parking policy, especially in the downtown core, is being strictly
enforced. The penalty for not complying is that the employee, his/her
supervisor and department head must go before the Board in a regular meeting
to explain.
Minutes of BOCC/Department Heads Meeting Monday, June 19, 2005
Page 3 of 5 Pages
The capital facilities plan is being developed, with a long-term and short-term
schedule.
A facilities maintenance policy will be distributed regarding changes to and the
use of County buildings. Comments are due back to Susan Ross by the end of
the week.
Most of the old Deschutes Services Building has been leased out to Keller
Williams Realtors. A portion is to be used for senior mental health services,
and possibly the law library.
Dan Despotopulos gave a brief overview of this year's fair. He also advised
that the RV park will be open in September, the arena will be covered by
August, and there will have been fifty events at the Fair and Expo Center before
August. Commissioner Luke added that most fairground facilities do not pay
for themselves, but this one is awfully close to break-even.
Marty Wynne advised that year-end transfer documents are due as soon as
possible.
Mike Viegas said that ADA training is scheduled for June 20 and 21.
Tom Anderson stated that his department is trying to keep up with growth and
ever-changing land use laws.
Tom Blust said that the Road Department is extremely busy, and is trying to
figure out how to deal with possible reductions in federal and state funding.
Nancy Blankenship indicated her department is working on general election
documents, and initiatives are now coming in.
Robin Marshall said that various focus groups are addressing Commission on
Children & Families' strategic planning.
Scot Langton stated that the Assessor's records indicate the price of housing has
gone up 1/3 since last year.
Dave Peterson said that Information Technologies is working on strategic
planning; first internally, and then with departments.
Minutes of BOCC/Department Heads Meeting Monday, June 19, 2005
Page 4 of 5 Pages
Keith McNamara noted that they are dealing with a lot of veterans who are now
just returning home.
Mike Dugan stated that his office is prosecuting more cases than ever before.
The bad check program is working well; they are collecting about 50% more
than previously. There are a lot of capital crimes this year. His department is
using the services of a new investigator, who is also assigned to Legal Counsel.
This was the last official County meeting for Mike Maier. He thanked
everyone for their support over the years. He said he is proud of the employees
of what he feels is the best county in the state.
Being no further items discussed, the meeting adjourned at 1:10 p.m.
DATED this 19th Day of June 2006 :;;;T7
Commissioners.
ATTEST: Bev C1hrno' Commis
Recording Secretary Mic ael . Daly, Com issioner
Attachments
Exhibit A: Agenda (1 page)
Exhibit B: Sign-in sheet (3 pages)
Exhibit C: Information on Confidentiality of Records - Public Safety Officers &
Others (13 pages)
Exhibit D: Information Technology Strategic Planning Document (1 page)
Exhibit E: Draft Facilities Management Policy (2 pages)
Minutes of BOCC/Department Heads Meeting Monday, June 19, 2005
Page 5 of 5 Pages
~T ES C
❑ -t
Deschutes County Board of Commissioners
1130 NW Harriman St, Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 3884752 - www.deschutes.ore
MEETING AGENDA
BOARD OF COMMISSIONERS & DEPARTMENT DIRECTORS
12 Noon, Monday, June 19, 2006
Deschutes Services Center - 2nd Floor, Allen Room -1300 NW Wall St., Bend
1. Introductions - Department Heads, Other Attendees
2. Discussion of United Way Campaign -Anna Johnson
3. Discussion of Confidentiality of Addresses of Public Safety Officers & Stalking
Victims - Laurie Craghead and/or /Mark Pilliod
4. Brief Update regarding Home Rule Charter Committee Process - Mark Pilliod
5. Department Updates
6. Other Items
Exhibit
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Exhibit
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181.610 Defmitions for ORS 181.610 to 181.712. In ORS 181.610 to 181.712,
unless the context requires otherwise:
(1) "Abuse" has the meaning given the term in ORS 107.705.
(2) "Board" means the Board on Public Safety Standards and Training appointed
pursuant to ORS 181.620.
(3) "Certified reserve officer" means a reserve officer who has been designated by a
local law enforcement unit, has received training necessary for certification and has met
the minimum standards and training requirements established under ORS 181.640.
(4) "Commissioned" means an authorization granting the power to perform various
acts or duties of a police officer or certified reserve officer and acting under the
supervision and responsibility of a county sheriff or as otherwise provided by law.
(5) "Corrections officer" means an officer or member of a law enforcement unit who
is employed full-time thereby and is charged with and primarily performs the duty of
custody, control or supervision of individuals convicted of or arrested for a criminal
offense and confined in a place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles.
(6) "Department" means the Department of Public Safety Standards and Training.
(7) "Director" means the Director of the Department of Public Safety Standards and
Training.
(8) "Domestic violence" means abuse between family or household members.
(9) "Emergency medical dispatcher" means a person who has responsibility to
process requests for medical assistance from the public or to dispatch medical care
providers.
(10) "Family or household members" has the meaning given that term in ORS
107.705.
(11) "Fire service professional" means a paid or volunteer firefighter, an officer or a
member of a public or private fire protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire suppression or providing
emergency medical services, light and heavy rescue services, search and rescue services
or hazardous materials incident response. "Fire service professional" does not include
forest fire protection agency personnel.
(12)(a) "Law enforcement unit" means a police force or organization of the state, a
city, port, school district, mass transit district, county, county service district authorized
to provide law enforcement services under ORS 451.010, Indian reservation, Criminal
Justice Division of the Department of Justice, the Department of Corrections, the Oregon
State Lottery Commission or common carrier railroad whose primary duty, as prescribed
by law, ordinance or directive, is any one or more of the following:
(A) Detecting crime and enforcing the criminal laws of this state or laws or
ordinances relating to airport security;
(B) The custody, control or supervision of individuals convicted of or arrested for a
criminal offense and confined to a place of incarceration or detention other than a place
used exclusively for incarceration or detention of juveniles; or
(C) The control, supervision and reformation of adult offenders placed on parole or
sentenced to probation and investigation of adult offenders on parole or probation or
being considered for parole or probation.
(b) "Law enforcement unit" also means:
Exhibit
Page / of
r
(A) A police force or organization of a private entity with a population of more than
1,000 residents in an unincorporated area whose employees are commissioned by a
county sheriff; and
(B) A district attorney's office.
(13) "Parole and probation officer" means:
(a) Any officer who is employed full-time by the Department of Corrections, a county
or a court and who is charged with and performs the duty of:
(A) Community protection by controlling, investigating, supervising and providing or
making referrals to reformative services for adult parolees or probationers or offenders on
post-prison supervision; or
(B) Investigating adult offenders on parole or probation or being considered for
parole or probation.
(b) Any officer who:
(A) Is certified and has been employed as a full-time parole and probation officer for
more than one year;
(B) Is employed part-time by the Department of Corrections, a county or a court; and
(C) Is charged with and performs the duty of.
(i) Community protection by controlling, investigating, supervising and providing or
making referrals to reformative services for adult parolees or probationers or offenders on
post-prison supervision; or
(ii) Investigating adult offenders on parole or probation or being considered for parole
or probation.
(14) "Police officer" means an officer, member or employee of a law enforcement
unit who is employed full-time as a peace officer commissioned by a city, port, school
district, mass transit district, county, county service district authorized to provide law
enforcement services under ORS 451.010, Indian reservation, the Criminal Justice
Division of the Department of Justice, the Oregon State Lottery Commission or the
Governor or who is a member of the Department of State Police and who is responsible
for enforcing the criminal laws of this state or laws or ordinances relating to airport
security or is an investigator of a district attorney's office if the investigator is or has been
certified as a peace officer in this or any other state.
(15) "Public or private safety agency" means any unit of state or local government, a
special purpose district or a private firm which provides, or has authority to provide, fire
fighting, police, ambulance or emergency medical services.
(16) "Public safety personnel" and "public safety officer" include corrections officers,
youth correction officers, emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators and fire service
professionals.
(17) "Reserve officer" means an officer or member of a law enforcement unit:
(a) Who is a volunteer or who is employed less than full-time as a peace officer
commissioned by a city, port, school district, mass transit district, county, county service
district authorized to provide law enforcement services under ORS 451.010, Indian
reservation, the Criminal Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor or who is a member of the Department of State
Police;
(b) Who is armed with a firearm; and
Exhibit (-I
Page ;L- of
r
(c) Who is responsible for enforcing the criminal laws and traffic laws of this state or
laws or ordinances relating to airport security.
(18) "Telecommunicator" means any person employed as an emergency telephone
worker as defined in ORS 243.736 or a public safety dispatcher whose primary duties are
receiving, processing and transmitting public safety information received through a 9-1-1
emergency reporting system as defined in ORS 401.710.
(19) "Youth correction officer" means an employee of the Oregon Youth Authority
who is charged with and primarily performs the duty of custody, control or supervision of
youth offenders confined in a youth correction facility. [ 1961 c.721 § 1; 1963 c.3 71 § 1;
1967 c.305 §2; 1973 c.420 §1; 1975 c.290 §1; 1975 c.392 §3; 1975 c.666 §4; 1977 c.382
§1; 1977 c.477 §1; 1977 c.737 §1; 1979 c.656 §4; 1981 c.449 §1; 1985 c.302 §9; 1985
c.565 §20; 1987 c.320 §137; 1989 c.1058 §1; 1991 c.742 §1; 1993 c.14 §22; 1993 c.185
§10; 1993 c.594 §1; 1993 c.623 §1; 1995 c.97 §1; 1995 c.128 §2; 1995 c.303 §1; 1995
c.422 § 131 q; 1995 c.624 § § 1,1 a; 1995 c.651 §8; 1997 c.249 §53; 1997 c.853 § 1; 1999
c.360 §1; 1999 c.854 §1; 1999 c.867 §1]
Exhibit C
Page 3 of
73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
Senate Bill 850
Sponsored by Senator DEVLIN; Senators BROWN, MORSE, RINGO, WALKER, Representatives
BARKER, KITTS, MARCH, OLSON, TOMEI
CHAPTER
AN ACT
Relating to address confidentiality; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. As used in sections 1 to 17 of this 2005 Act:
(1) "Actual address" means a residential, work or school street address of an individual
specified on the application of the individual to be a program participant.
(2) "Address Confidentiality Program' means the program established under section 2
of this 2005 Act.
(3) "Application assistant" means an employee of or a volunteer serving a public or pri-
vate entity designated by the Attorney General under section 12 of this 2005 Act to assist
individuals with applications to participate in the Address Confidentiality Program.
(4) "Program participant" means an individual accepted into the Address Confidentiality
Program under sections 1 to 17 of this 2005 Act.
(5) "Public body" has the meaning given that term in ORS 174.109.
(6) "Public record" has the meaning given that term in ORS 192.410.
(7) "Substitute address" means an address designated by the Attorney General under the
Address Confidentiality Program.
(8) "Victim of domestic violence" means:
(a) An individual against whom domestic violence has been committed, as defined in ORS
135.230, 181.610, 411.117 or 657.176;
(b) An individual who has been a victim of abuse, as defined in ORS 107.705; or
(c) Any other individual designated a victim of domestic violence by the Attorney General
by rule.
(9) "Victim of a sexual offense" means:
(a) An individual against whom a sexual offense has been committed, as described in ORS
163.305 to 163.467, 163.427, 163.466 or 163.525; or
(b) Any other individual designated by the Attorney General by rule.
(10) "Victim of stalking" means:
(a) An individual against whom stalking has been committed, as described in ORS 163.732;
or
(b) Any other individual designated by the Attorney General by rule.
SECTION 2. (1) The Address Confidentiality Program is established in the Department
of Justice to:
Enrolled Senate Bill 850 (SB 850-B) Page 1
Exhibit C
Page Ofty-
(a) Protect the confidentiality of the actual address of a victim of domestic violence, a
sexual offense or stalking; and
(b) Prevent assailants or potential assailants of the victim from finding the victim
through public records.
(2) The Attorney General shall designate a substitute address for a program participant
and act as the agent of the program participant for purposes of service of all legal process
in this state and receiving and forwarding first-class, certified or registered mail.
(3) The Attorney General is not required to forward any packages or mail other than
first-class, certified or registered mail to the program participant.
(4) The Attorney General is not required to track or otherwise maintain records of any
mail received on behalf of a program participant unless the mail is certified or registered.
SECTION 3. (1) Any of the following individuals with the assistance of an application
assistant may file an application with the Attorney General to participate in the Address
Confidentiality Program:
(a) An adult individual.
(b) A parent or guardian acting on behalf of a minor when the minor resides with the
parent or guardian.
(c) A guardian acting on behalf of an incapacitated individual.
(2) The application must be dated, signed and verified by the applicant and the application
assistant who assisted in the preparation of the application.
(3) The application must contain all of the following:
(a) A statement by the applicant that the applicant or the applicant's child or ward is a
victim of domestic violence, a sexual offense or stalking and that the applicant fears for the
applicant's safety or the safety of the applicant's child or ward.
(b) Evidence that the applicant or the applicant's child or ward is a victim of domestic
violence, a sexual offense or stalking. This evidence may include any of the following:
(A) Law enforcement, court or other federal, state or local government records or files;
(B) Documentation from a public or private entity that provides assistance to victims of
domestic violence, a sexual offense or stalking if the applicant or the applicant's child or
ward is an alleged victim of domestic violence, a sexual offense or stalking;
(C) Documentation from a religious, medical or other professional from whom the appli-
cant has sought assistance in dealing with the alleged domestic violence, sexual offense or
stalking; or
(D) Other forms of evidence as determined by the Attorney General by rule.
(c) A statement by the applicant that disclosure of the actual address of the applicant
would endanger the safety of the applicant or the safety of the applicant's child or ward.
(d) A statement by the applicant that the applicant:
(A) Resides at a location in this state that is not known by assailants or potential
assailants of the applicant or the applicant's child or ward; and
(B) Will not disclose the location to assailants or potential assailants of the applicant or
the applicant's child or ward while the applicant is a program participant.
(e) Written consent permitting the Attorney General to act as an agent for the applicant
for the service of all legal process in this state and the receipt of first-class, certified or
registered mail.
(f) The mailing address and telephone number at which the Attorney General can contact
the applicant.
(g) The actual address that the applicant requests not be disclosed by the Attorney
General that directly relates to the increased risk of the applicant or the applicant's child
or ward as a victim of domestic violence, sexual offense or stalking.
(h) A sworn statement by the applicant that to the best of the applicant's knowledge the
information contained in the application is true.
Enrolled Senate Bill 850 (SB 850-B) Page 2
Exhibit <2-
Page of
;1
(i) A recommendation by an application assistant that the applicant be a participant in
the Address Confidentiality Program.
(4) Upon the filing of a properly completed application and upon approval by the Attorney
General, the Attorney General shall certify the applicant as a program participant.
(5) Upon certification, the Attorney General shall issue an Address Confidentiality Pro-
gram authorization card to the program participant. The Address Confidentiality Program
authorization card is valid as long as the program participant remains certified under the
program.
(6) The term of certification shall be for a period of time determined by the Attorney
General by rule, unless prior to the end of the period one of the following occurs:
(a) The program participant withdraws the certification by filing with the Attorney
General a request for withdrawal signed by the program participant and acknowledged in
writing by a notary public or an application assistant; or
(b) The Attorney General cancels the certification under section 6 of this 2005 Act.
(7) A program participant may renew the certification by filing an application for renewal
with the Attorney General at least 30 days prior to expiration of the current certification.
SECTION 4. (1) An applicant for participation in the Address Confidentiality Program or
a program participant may not:
(a) Falsely attest in an initial application or an application for renewal that disclosure
of the actual address of the applicant would endanger the safety of the applicant or the
safety of the applicant's child or ward; or
(b) Knowingly provide false information in an initial application or an application for re-
newal.
(2) If after an investigation, the Attorney General finds that a violation of subsection (1)
of this section has occurred, the Attorney General may impose a civil penalty as provided in
ORS 183.745 in an amount not to exceed $500.
SECTION 5. (1) A program participant shall notify the Attorney General within 30 days
after the program participant has obtained a legal name change by providing the Attorney
General with a certified copy of any judgment or order evidencing the change or any other
documentation the Attorney General considers sufficient evidence of the name change.
(2) A program participant shall notify the Attorney General of a change in actual address
or telephone number from the actual address or telephone number listed on the application
of the program participant within 10 days after the change occurs.
SECTION 6. (1) The Attorney General shall cancel the certification of a program partic-
ipant if.
(a) The Attorney General determines that the program participant violated section 4 of
this 2005 Act;
(b) The Attorney General determines that the program participant violated section 5 of
this 2005 Act; or
(c) Subject to section 5 (2) of this 2005 Act, first class, certified or registered mail for-
warded to the program participant by the Attorney General is returned as undeliverable.
(2) The Attorney General shall send notice of cancellation to the program participant
setting out the reasons for the cancellation and setting out the rights and duties of the
program participant.
(3) A program participant has 30 days to appeal the cancellation decision under proce-
dures adopted by the Attorney General by rule. A cancellation of certification under this
section is not considered an order as defined in ORS 183.310 and is not subject to judicial
review under ORS 183.480.
(4) An individual whose certification as a program participant is cancelled under this
section shall notify persons and public bodies using the substitute address as the address of
the program participant that the substitute address is no longer the address to be used by
public bodies as described in section 7 of this 2005 Act.
Enrolled Senate Bill 850 (SB 850-B) Page 3
Exhibit
Page 6_ of L
SECTION 7. (1)(a) A program participant may request that public bodies use the substi-
tute address designated by the Attorney General as the address of the program participant
in any ongoing actions or proceedings or when creating a new public record.
(b) A public body is not responsible for requesting that departments, divisions, affiliates
or other organizational units of the public body or other public bodies use the substitute
address designated by the Attorney General as the address of the program participant.
(c) Unless requested by the program participant, when the actual address of a program
participant is contained in a public record that is filed with the public body, the public body
is not responsible for modifying the public record to contain the substitute address desig-
nated by the Attorney General.
(d) The Attorney General is not responsible for making requests under this subsection.
(2) Except as provided in this section, when a program participant submits a current and
valid Address Confidentiality Program authorization card to a public body, the public body
shall accept the substitute address on the authorization card as the address of the program
participant when creating a new public record. Upon the request of the program participant,
the public body shall use the substitute address on the authorization card in any ongoing
actions or proceedings.
(3) A public body may request a waiver from the requirements of the Address
Confidentiality Program by submitting a waiver request to the Attorney General. The waiver
request shall be in writing and include:
(a) An explanation of why the public body cannot meet its statutory or administrative
obligations by possessing or using the substitute address; and
(b) An affirmation that if the Attorney General accepts the waiver, the public body will
only use the actual address of the program participant for those statutory or administrative
purposes included in the waiver request.
(4) The Attorney General shall accept or deny a waiver request from a public body in
writing and include a statement of specific reasons for acceptance or denial. An acceptance
or denial made under this subsection is not considered an order as defined in ORS 183.310
and is not subject to judicial review under ORS 183.480.
SECTION 8. (1) A county clerk shall use the actual address of a program participant for
voter registration purposes. Except as provided in sections 1 to 17 of this 2005 Act, the
county clerk may not disclose the actual address.
(2) A county clerk shall use the substitute address of the program participant for pur-
poses of mailing a ballot to an elector under ORS 254.470.
(3) A school district shall use the actual address of a program participant for any purpose
related to admission or assignment. The school district shall take such measures as neces-
sary to protect the confidentiality of the actual address of the program participant. Student
records created under ORS 326.565 and 326.580 shall use the substitute address of the pro-
gram participant.
(4) A county clerk shall accept the substitute address of the program participant as the
address of the applicant for the purpose of issuing a marriage license under ORS 106.041.
SECTION 9. Except as provided in sections 1 to 17 of this 2005 Act, a public body that
has received a request from a program participant under section 7 of this 2005 Act may not
disclose the actual address or telephone number of the program participant.
SECTION 10. (1) The Attorney General may not disclose the actual address or telephone
number of a program participant, except under the following circumstances:
(a) Upon request by a federal, state or local law enforcement agency or district attorney
for official use only;
(b) Pursuant to a court order;
(c) Upon request by a public body for a statutory or administrative purpose described in
section 7 of this 2005 Act; or
Enrolled Senate Bill 850 (SB 850-B) Page 4
Exhibit G
Page -J of
(d) Where the program participant is required to disclose the actual address of the pro-
gram participant as part of a registration for sex offenders as required under ORS 181.598
and 181.599.
(2) A person to whom an actual address or telephone number of a program participant
has been disclosed pursuant to a court order may not disclose the actual address or tele-
phone number to any other person unless permitted to do so by order of the court.
(3) The Attorney General shall notify a program participant within one business day after
the Attorney General discloses an actual address under subsection (1)(b) or (c) of this sec-
tion.
(4) Upon request by a public body, the Attorney General may verify whether or not a
person is a program participant when the verification is for official use only.
SECTION 11. (1) A person may not attempt to obtain or obtain the actual address or
telephone number of a program participant from the Attorney General or a public body
through fraud or misrepresentation.
(2) Except as provided in sections 1 to 17 of this 2005 Act or federal law, an employee of
a public body may not intentionally disclose the actual address or telephone number of a
program participant to a person known to the employee to be prohibited from receiving the
actual address or telephone number of the program participant. This subsection applies only
when an employee obtains the actual address or telephone number of the program partic-
ipant during the performance of the official duties of the employee and, at the time of dis-
closure, the employee has specific knowledge that the actual address or telephone number
disclosed belongs to a program participant.
SECTION 12. (1) The Attorney General may designate employees of or volunteers serving
public or private entities that provide counseling and shelter services to victims of domestic
violence, sexual offense or stalking as application assistants to assist individuals applying to
participate in the Address Confidentiality Program.
(2) Any assistance rendered to applicants for participation in the Address Confidentiality
Program by the Attorney General or an application assistant is not considered legal advice.
SECTION 13. Notwithstanding any other law and the Oregon Rules of Civil Procedure,
whenever a program participant has the right or is required to do some act or take some
proceedings within a prescribed period of 10 days or less after the service of a notice or other
paper upon the program participant and the notice or paper is served by mail pursuant to
sections 1 to 17 of this 2005 Act, five days shall be added to the prescribed period.
SECTION 14. The Attorney General shall disclose in writing to a program participant
prior to certification:
(1) The rights and obligations of the program participant under sections 1 to 17 of this
2005 Act; and
(2) The term of certification as determined by the Attorney General under section 3 of
this 2005 Act.
SECTION 15. The Attorney General may adopt rules the Attorney General considers
necessary to carry out the provisions of sections 1 to 17 of this 2005 Act.
SECTION 16. Violation of section 11 of this 2005 Act is a Class C misdemeanor.
SECTION 17. (1) The Department of Justice may seek, solicit, receive and administer
monetary grants, donations and gifts to establish and operate the Address Confidentiality
Program.
(2) All moneys received by the department under subsection (1) of this section shall be
deposited in the Department of Justice Operating Account created in ORS 180.180. Amounts
deposited under this section are continuously appropriated to the department to carry out
the provisions of sections 1 to 17 of this 2005 Act.
SECTION 18. (1) Except as provided in subsection (2) of this section, sections 1 to 16 of
this 2005 Act become operative on January 1, 2007.
Enrolled Senate Bill 850 (SB 850-B) Page 5
Exhibit Cl_
Page _ r of IY4
(2) The Attorney General may take any action before the operative date of sections 1 to
16 of this 2005 Act that is necessary to enable the Attorney General to exercise, on or after
the operative date of sections 1 to 16 of this 2005 Act, all the duties, functions and powers
conferred on the Attorney General by sections 1 to 16 of this 2005 Act.
(3) Moneys deposited in the Department of Justice Operating Account under section 17
of this 2005 Act may be used by the Attorney General to carry out the provisions of this
section.
Passed by Senate July 7, 2005
Secretary of Senate
President of Senate
Passed by House August 3, 2005
Speaker of House
Received by Governor.
M.,......................................................... , 2005
Approved:
M.,.......................................................... 2005
Governor
Filed in Office of Secretary of State:
M............................................................ 2005
Enrolled Senate Bill 850 (SB 850-B)
Secretary of State
Page 6
Exhibit G
Page~of-
r
73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
House Bill 2724
Sponsored by Representative GALIZIO; Representatives BARKER, KRIEGER, OLSON, Senator
MORRISETTE
CHAPTER
AN ACT
Relating to public records; amending ORS 181.854 and 192.502.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 192.502 is amended to read:
192.502. The following public records are exempt from disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public bodies of an advisory nature to the
extent that they cover other than purely factual materials and are preliminary to any final agency
determination of policy or action. This exemption shall not apply unless the public body shows that
in the particular instance the public interest in encouraging frank communication between officials
and employees of public bodies clearly outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to that kept in a personal, medical
or similar file, if public disclosure would constitute an unreasonable invasion of privacy, unless the
public interest by clear and convincing evidence requires disclosure in the particular instance. The
party seeking disclosure shall have the burden of showing that public disclosure would not consti-
tute an unreasonable invasion of privacy.
(3) Public body employee or volunteer addresses, Social Security numbers, dates of birth and
telephone numbers contained in personnel records maintained by the public body that is the em-
ployer or the recipient of volunteer services. This exemption:
(a) Does not apply to the addresses, dates of birth and telephone numbers of employees or vol-
unteers who are elected officials, except that a judge or district attorney subject to election may
seek to exempt the judge's or district attorney's address or telephone number, or both, under the
terms of ORS 192.445;
(b) Does not apply to employees or volunteers to the extent that the party seeking disclosure
shows by clear and convincing evidence that the public interest requires disclosure in a particular
instance;
(c) Does not apply to a substitute teacher as defined in ORS 342.815 when requested by a pro-
fessional education association of which the substitute teacher may be a member; and
(d) Does not relieve a public employer of any duty under ORS 243.650 to 243.782.
(4) Information submitted to a public body in confidence and not otherwise required by law to
be submitted, where such information should reasonably be considered confidential, the public body
has obliged itself in good faith not to disclose the information, and when the public interest would
suffer by the disclosure.
(5) Information or records of the Department of Corrections, including the State Board of Parole
and Post-Prison Supervision, to the extent that disclosure would interfere with the rehabilitation of
Enrolled House Bill 2724 (HB 2724-A) Page 1
Exhibit G
Page 0 Of
a person in custody of the department or substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in confidentiality clearly outweighs the public
interest in disclosure.
(6) Records, reports and other information received or compiled by the Director of the Depart-
ment of Consumer and Business Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that the interests of lending institutions,
their officers, employees and customers in preserving the confidentiality of such information out-
weighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077 or 137.530.
(8) Any public records or information the disclosure of which is prohibited by federal law or
regulations.
(9) Public records or information the disclosure of which is prohibited or restricted or otherwise
made confidential or privileged under Oregon law.
(10) Public records or information described in this section, furnished by the public body ori-
ginally compiling, preparing or receiving them to any other public officer or public body in con-
nection with performance of the duties of the recipient, if the considerations originally giving rise
to the confidential or exempt nature of the public records or information remain applicable.
(11) Records of the Energy Facility Siting Council concerning the review or approval of security
programs pursuant to ORS 469.530.
(12) Employee and retiree address, telephone number and other nonfinancial membership records
and employee financial records maintained by the Public Employees Retirement System pursuant to
ORS chapters 238 and 238A.
(13) Records submitted by private persons or businesses to the State Treasurer or the Oregon
Investment Council relating to proposed acquisition, exchange or liquidation of public investments
under ORS chapter 293 may be treated as exempt from disclosure when and only to the extent that
disclosure of such records reasonably may be expected to substantially limit the ability of the
Oregon Investment Council to effectively compete or negotiate for, solicit or conclude such trans-
actions. Records which relate to concluded transactions are not subject to this exemption.
(14) The monthly reports prepared and submitted under ORS 293.761 and 293.766 concerning the
Public Employees Retirement Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the end of the calendar quarter.
(15) Reports of unclaimed property filed by the holders of such property to the extent permitted
by ORS 98.352.
(16) The following records, communications and information submitted to the Oregon Economic
and Community Development Commission, the Economic and Community Development Department,
the State Department of Agriculture, the Oregon Growth Account Board, the Port of Portland or
other ports, as defined in ORS 777.005, by applicants for investment funds, loans or services in-
cluding, but not limited to, those described in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to which the applicant is a party if the
complaint has been filed, or if the complaint has not been filed, if the applicant shows that such
litigation is reasonably likely to occur; this exemption does not apply to litigation which has been
concluded, and nothing in this paragraph shall limit any right or opportunity granted by discovery
or deposition statutes to a party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's plan to address specific markets
and applicant's strategy regarding specific competitors.
(17) Records, reports or returns submitted by private concerns or enterprises required by law
to be submitted to or inspected by a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable or paid, to the extent that such
Enrolled House Bill 2724 (1113 2724-A) Page 2
Exhibit
Page of
information is in a form which would permit identification of the individual concern or enterprise.
Nothing in this subsection shall limit the use which can be made of such information for regulatory
purposes or its admissibility in any enforcement proceedings. The public body shall notify the tax-
payer of the delinquency immediately by certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public body is delinquent by over 60 days, the
public body shall disclose, upon the request of any person, the following information:
(a) The identity of the individual concern or enterprise that is delinquent over 60 days in the
payment or delivery of the taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.485 for the purpose of requesting ap-
pointed counsel, and all information supplied to the court from whatever source for the purpose of
verifying the financial eligibility of a person pursuant to ORS 151.485.
(19) Workers' compensation claim records of the Department of Consumer and Business Ser-
vices, except in accordance with rules adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and third party claim administrators to
process workers' compensation claims.
(b) When necessary for the director, other governmental agencies of this state or the United
States to carry out their duties, functions or powers.
(c) When the disclosure is made in such a manner that the disclosed information cannot be used
to identify any worker who is the subject of a claim.
(d) When a worker or the worker's representative requests review of the worker's claim record.
(20) Sensitive business records or financial or commercial information of the Oregon Health and
Science University that is not customarily provided to business competitors.
(21) Records of Oregon Health and Science University regarding candidates for the position of
president of the university.
(22) The records of a library, including circulation records, showing use of specific library ma-
terial by a named person or consisting of the name of a library patron together with the address
or telephone number, or both, of the patron.
(23) The following records, communications and information obtained by the Housing and Com-
munity Services Department in connection with the department's monitoring or administration of
financial assistance or of housing or other developments:
(a) Personal and corporate financial statements and information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
0) Project tenant correspondence.
(k) Personal information about a tenant.
(L) Housing assistance payments.
(24) Raster geographic information system (GIS) digital databases, provided by private forestland
owners or their representatives, voluntarily and in confidence to the State Forestry Department,
that is not otherwise required by law to be submitted.
(25) Sensitive business, commercial or financial information furnished to or developed by a
public body engaged in the business of providing electricity or electricity services, if the information
is directly related to a transaction described in ORS 261.348, or if the information is directly related
to a bid, proposal or negotiations for the sale or purchase of electricity or electricity services, and
Enrolled House Bill 2724 (HB 2724-A) Page 3
ExhibitG _
Page Z_ of /
disclosure of the information would cause a competitive disadvantage for the public body or its re-
tail electricity customers. This subsection does not apply to cost-of-service studies used in the de-
velopment or review of generally applicable rate schedules.
(26) Sensitive business, commercial or financial information furnished to or developed by the
City of Klamath Falls, acting solely in connection with the ownership and operation of the Klamath
Cogeneration Project, if the information is directly related to a transaction described in ORS 225.085
and disclosure of the information would cause a competitive disadvantage for the Klamath
Cogeneration Project. This subsection does not apply to cost-of-service studies used in the develop-
ment or review of generally applicable rate schedules.
(27) Personally identifiable information about customers of a municipal electric utility or a
people's utility district. The utility or district may, however, release such information to a third
party if the customer consents in writing or electronically, if the disclosure is necessary to render
utility or district services to the customer, or if the disclosure is required pursuant to a court order.
The utility or district may charge as appropriate for the costs of providing such information. The
utility or district may make customer records available to third party credit agencies on a regular
basis in connection with the establishment and management of customer accounts or in the event
such accounts are delinquent.
(28) A record of the street and number of an employee's address submitted to a special district
to obtain assistance in promoting an alternative to single occupant motor vehicle transportation.
(29) Sensitive business records, capital development plans or financial or commercial information
of Oregon Corrections Enterprises that is not customarily provided to business competitors.
(30) Documents, materials or other information submitted to the Director of the Department of
Consumer and Business Services in confidence by a state, federal, foreign or international regula-
tory or law enforcement agency or by the National Association of Insurance Commissioners, its af-
filiates or subsidiaries under ORS 646.380 to 646.396, 697.005 to 697.095, 697.602 to 697.842, 705.137,
717.200 to 717.320, 717.900 or 717.905, ORS chapter 59, 722, 723, 725 or 726, the Bank Act or the
Insurance Code when:
(a) The document, material or other information is received upon notice or with an under-
standing that it is confidential or privileged under the laws of the jurisdiction that is the source of
the document, material or other information; and
(b) The director has obligated the Department of Consumer and Business Services not to dis-
close the document, material or other information.
(31) A county elections security plan developed and filed under ORS 254.074.
(32) Information about review or approval of programs relating to the security of:
(a) Generation, storage or conveyance of:
(A) Electricity;
(B) Gas in liquefied or gaseous form;
(C) Hazardous substances as defined in ORS 453.005 (7)(a), (b) and (d);
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(b) Telecommunication systems, including cellular, wireless or radio systems.
(c) Data transmissions by whatever means provided.
(33) If requested by a public safety officer as defined in ORS 181.610, the home address,
home telephone number and electronic mail address of the public safety officer. This ex-
emption does not apply to addresses and telephone numbers that are contained in county real
property or lien records.
SECTION 2. ORS 181.854 is amended to read:
181.854. (1) As used in this section:
(a) "Public body" has the meaning given that term in ORS 192.410.
Enrolled House Bill 2724 (HB 2724-A) Page 4
Exhibit < _
Page _a of ~
(b) "Public safety employee" means a certified reserve officer, corrections officer, parole and
probation officer, police officer or youth correction officer as those terms are defined in ORS
181.610.
(2) A public body may not disclose a photograph of a public safety employee of the public body
without the written consent of the employee. This subsection does not apply to the use by the public
body of a photograph of a public safety employee.
(3) A public body may not disclose information about a personnel investigation of a public safety
employee of the public body if the investigation does not result in discipline of the employee.
(4) Subsection (3) of this section does not apply:
(a) When the public interest requires disclosure of the information.
(b) When the employee consents to disclosure in writing.
(c) When disclosure is necessary for an investigation by the public body, the Department of
Public Safety Standards and Training or a citizen review body designated by the public body.
(d) When the public body determines that nondisclosure of the information would adversely af-
fect the confidence of the public in the public body.
(5) If an investigation of a public safety employee of a public body results from a complaint, the
public body may disclose to the complainant the disposition of the complaint and, to the extent the
public body considers necessary to explain the action of the public body on the complaint, a written
summary of information obtained in the investigation.
(6) A public body must notify a public safety employee of the public body if the public body re-
ceives a request for:
(a) A photograph of the employee.
(b) Information about the employee that is exempt from disclosure under ORS 192.502 (2), [or]
(3) or (33).
(c) Information about the employee that is prohibited from disclosure by subsection (3) of this
section.
Passed by House March 28, 2005
Received by Governor.
M.................
Approved:
M.................
, 2005
Repassed by House June 9, 2005
Chief Clerk of House
Speaker of House
Passed by Senate June 7, 2005
President of Senate
, 2005
Governor
Filed in Office of Secretary of State:
M......
2005
Secretary of State
Enrolled House Bill 2724 (HB 2724-A) Page 5
Exhibit G
Page of
Information Technology Strategic Planning
Department Meetings
The County Information Technology Department is developing a strategic plan to guide
technology activities and investments for the next three to five years. Because it is impossible to
do everything that needs to be done, this strategic planning process will identify areas that are
most important. Further, the strategic planning process will provide information needed to
formulate future planning to insure the County departments and Information Technology (IT) are
working toward the same goals.
The principal goals of the strategic plan are to:
1. Better define IT's future focus and mission in light of our customer's needs and
requirements and be prepared to accommodate changing external factors such as
regulation, requirements, mandates, and technology.
2. Develop a strategy to achieve the mission.
3. Create an IT structure which will deploy resources to successfully carry out its strategy.
IT will be scheduling meetings with all departments. We hope to meet with department
management plus personnel who understand the department's day-to-day operations. IT wants
to openly discuss your view of the IT department, your department's goals, and how IT can assist
in the fulfillment of your goals and objectives. Participants from IT include Kevin Furlong, the
Technology Division Manager, Bob Haas, the GIS and WEB manager, other IT staff that work
directly with your department such as programmers or application specialists, and Dave
Peterson.
Below are examples of the topics we would like to discuss:
Topics
What are your Department's challenges?
How can technology help you meet our challenges?
What are our future initiatives?
Where do you want our department in respect to technology be in 5 ears?
What technology do you have a high regard for that exists elsewhere?
Do you have the proper technology to be successful?
What technology will our business require in the next five ears?
Are our current technology applications state-of-the-art?
How is our department using technology to meet its goals and objectives?
How is technology influencing our business?
Where is our department technical) superior?
Where are you technologically limited and why?
What technologies are emerging in our business?
If you had unlimited resources available and the freedom to do whatever you wished with your
department, what would you do now?
What would you do over the next three to five ears?
Is the service IT provides adequate?
What can IT do better or how can IT improve?
What does IT do well?
How do you measure IT's effectiveness?
Exhibit_
Page _ / of (
DESCHUTES COUNTY GENERAL POLICY NO.: P-2006-127
Adopted Date: , 2006
SUBJECT: FACILITIES MAINTENANCE POLICY
POLICY: In order to maintain continuity and appearance of county
facilities, facilitate ease of maintenance, extend the life of assets, and to
establish consistent standards for use of County facilities, the following
policies are adopted:
Where feasible, full-height panels systems instead of hard walls
will be used to create separation of spaces. This will allow
flexibility in the future if the space needs to again be reconfigured.
2. Animals are not allowed in County facilities, including County
vehicles. The exceptions are certified service animals and
treatment animals that are both licensed and insured. Fish tanks
are permitted.
3. Space heaters are not permitted unless required for medical
reasons. Heaters upset the heating/cooling systems and the
electrical system and are often fire hazards. Other appliances such
as coffee makers that do not have automatic shutoffs will also be
prohibited.
4. All furniture purchases must be ordered through Building Services.
The furniture will be pre-assembled and will consist of a standard
finish to match existing County furniture. Desk and work surfaces
will be height adjustable by crank, electric motor, or torsion lever.
5. Chair mats are required at all desk areas to reduce the wear and tear
on carpets.
6. County buildings and individual offices are to be painted the
standard color(s) as established by Building Services. All painting
must be conducted by Building Services.
7. Building Services will establish the standards for window blinds,
light bulbs, carpet, vinyl, laminate, and other finishes. Building
Services will be responsible for ordering and installing these items.
Page 1 - DESCHUTES COUNTY GENERAL POLICY NO. P-2006-127 ' Exhibit
Page _Z _ of Z
8. Services of outside contractors (such as electricians) will be
acquired by Building Services. Individual employees or
departments should not hire contractors to complete work in
County facilities.
9. All requests for remodels or construction are to be submitted to the
Director of Property & Facilities. Work requests for routine
maintenance are to be submitted to the Building Services Manager.
10. Any exceptions to this policy must be approved by the Director of
Property & Facilities.
DATED this day of )2006.
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY, OREGON
Dennis R. Luke, Chair
ATTEST: Bev Clarno, Commissioner
Recording Secretary Michael M. Daly, Commissioner
Page 2 - DESCHUTES COUNTY GENERAL POLICY NO. P-2006-127 Exhibit
Page '?--of.-:;?-