2007-44-Ordinance No. 2007-003 Recorded 1/25/2007REVIEW DESCHUTES COUNTY OFFICIAL RECORDS CJ 2401'44
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 01/25/2007 04;06;27 PM
L COUNSELJ
IIIIIIIIIIIIIIIIIIIIIIIIIIII
2007-44
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 2.05, County
Administrator, of the Deschutes County Code and * ORDINANCE NO. 2007-003
Declaring an Emergency
WHEREAS, the Board of County Commissioners has determined it is necessary to amend Deschutes
County Code Chapter 2.05, County Administrator, to clarify language in the Ordinance related to the authority
of the County Administrator to oversee County personnel and administer personnel rules and policies; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. AMENDMENT. Deschutes County Code Chapter 2.05, County Administrator, is amended
to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in StAket#feug#.
Section 2. EFFECTIVE DATE. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage.
DATED this>U`( day of _ , 2007.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PAGE 1 OF 2- ORDINANCE No. 2007-003 (1/24/07)
Date of 1" Reading: ~ day of , 2007.
44,
Date of 2°d Readinggq 'day of ga,
, 2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke r/
Michael M. Daly V
Tammy Baney
c'Y~
Effective Date: ~l day of , 2007
ATTEST:
Recording Secretary
PAGE 2 OF 2- ORDINANCE N0.2007-003 (1/24/07)
EXHIBIT A
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.
Page I of 3 - Exhibit A, Ordinance 2007-003 (01/24/07)
EXHIBIT A
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 in writing 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. Where the Administrator has
not designated someone to act on behalf
of the Administrator and due to
temporary incapacity the Administrator
is incapable of making such designation,
the Board may designate an acting
Adminstrator to serve until such time as
the Adminstrator is capable of making a
designation or has resumed
responsibilities.
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 administration
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. or- their- depaAments
while they 4 "°v-jvife rvrmizrg th cnv a
-cccccic^s-iTi
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, to perform all day-to-
day functions necessary for the
administration and management of
County affairs and, if delegated, 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.
4. After consultation with members of
the Board of County Commissioners
select, appoint and dismiss all heads
of departments, except elected
County officials and County Legal
Counsel, and their- appeiRted
p ae~-in accordance with federal
and state laws and guidelines,
applicable contracts and policies
adopted by the Board; supervise and
discipline all heads of departments,
except elected County officials and
County Legal Counsel, a
in accordance
with federal and state laws, and
Page 2 of 3 - Exhibit A, Ordinance 2007-003 (01/24/07)
EXHIBIT A
applicable contracts and county
policies; and advise the Board of the
reasons and process used in such
action.
5. 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.
6. 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.
7. Direct the use, maintenance and
custody of all county property,
buildings, works and improvements
according to policies promulgated by
the Board.
of committees or agencies to which they are
assigned concerning day-to-day conduct of
County affairs.
(Ord. 2007-003, § 1, 2007; Ord. 2005-053
§ 1, 2005)
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, County policies or district operating
agreements.
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
Page 3 of 3 - Exhibit A, Ordinance 2007-003 (01/24/07)
