2010-24-Ordinance No. 2009-027 Recorded 1/12/2010DESCHUTES COUNTY OFFICIAL RECORDS I~} ~O++O~~~
VIEWED NANCY BLANKENSHIP, COUNTY CLERK 1iJ
COMMISSIONERS' JOURNAL 01/12/2010 10;41;49 AM
LEGAL OUNSEL 11111111 111111111111111111 111
2010-24
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 3, Personnel Rules; and Declaring an * ORDINANCE NO. 2009-027
Emergency
WHEREAS, the County's existing Personnel Rules, which establish the personnel procedures within
the County and provide guidelines for the standards of performance, employee responsibilities,
behavior and conduct are expected of all Deschutes County employees, are found in Title 3 of the
Deschutes County Code; and
WHEREAS, from time to time the Personnel Rules require updating to comply with changes to state or
federal law, societal changes within the community, and to better serve the mission, purpose, and legitimate
business needs of the County; and
WHEREAS, significant changes in state law have been passed and implemented which affect the
existing Personnel Rules and necessitate changes in the Personnel Rules to reflect these changes in state law;
and
WHEREAS, it has been determined by the Board of Commissioners of Deschutes County that changes
in the Personnel Rules should be made to reflect these changes in state law; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDAINS as follows:
Section 1. Deschutes County Code Title 3 is amended to read as described in Exhibit "A," attached
hereto and by this reference incorporated herein, with the new language underlined.
Section 2. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
PAGE 1 OF 2 - ORDINANCE NO. 2009-027 (12/28/09)
DATED this 2'~day of JC~iiu~t , 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
( X.Ibg
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE-CHAIR
6d a-',"
64K#~ALAN UNGER, COMMISSIONER
Date of 151 Reading: GL, day of 2009.
Date of 2"d Reading: 'day of L , 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke
Alan Unger t~-
Effective Date: day of 2009
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORM NANCE NO. 2009-027 (12/28/09)
Exhibit "A"
Title 3. DESCHUTES COUNTY PERSONNEL RULES
Chapter 3.04. INTRODUCTION TO PERSONNEL RULES
Chapter 3.08. DEFINITIONS
Chapter 3.12. APPLICATION OF PERSONNEL RULES TO COUNTY EMPLOYEES
Chapter 3.16. RECRUITMENT AND APPOINTMENT OF EMPLOYEES
Chapter 3.20. HOURS OF WORK
Chapter 3.24. WAGE AND SALARY ADMINISTRATION
Chapter 3.28. PERSONAL CONDUCT
Chapter 3.32. PROMOTIONS, DEMOTIONS AND REASSIGNMENTS
Chapter 3.36. LEAVE
Chapter 3.40. DISCIPLINE AND DISCHARGE
Chapter 3.44. GRIEVANCES
Chapter 3.48. TERMINATION OF EMPLOYMENT
Chapter 3.04. INTRODUCTION TO PERSONNEL RULES
3.04.010.
Purpose.
3.04.020.
Employee Acknowledgment.
3.04.030.
Personnel Rules Not a Contract.
3.04.040.
Adoption, Amendment, Administration.
3.04.050.
Equal Employment Opportunity.
3.04.010. Purpose.
The Deschutes County Personnel Rules ("Personnel Rules") are intended to establish personnel procedures and to
provide guidelines for the standards of performance, employee responsibilities, behavior and conduct that are
expected of all Deschutes County employees. The Personnel Rules serve as a guideline for personnel
administration in the following areas:
A. Recruiting, selecting, and advancing employees on the basis of ability, experience, knowledge, and skills.
B. Providing equitable and adequate compensation.
C. Training employees, as needed, to help achieve high performance and operating efficiency.
D. Retaining employees on the basis of performance, including regular evaluations of employee performance and
corrective or disciplinary actions if necessary or appropriate.
E. Assuring, in accordance with applicable laws, the fair treatment of all applicants and employees in recruitment,
selection, promotion, training, discipline, discharge and all other aspects of personnel administration without
regard to race, color, national origin, sex, religion, age, marital status, family relationship, sexual orientation,
physical or mental disability (provided reasonable accommodation can be made for any such disability),
political affiliation, or any other classification protected by Oregon or federal law, and with proper regard for
the privacy and constitutional rights of applicants and employees.
F. Assuring that employees are protected against political coercion, are prohibited from using their official
position for the purpose of interfering with or affecting the result of an election or a nomination for office and,
in accordance with Oregon public employee ethics laws, with the exception of official compensation, are
prohibited from using their official position for the personal benefit or gain of the employee and/or the
employee's relatives.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.04.020. Employee Acknowledgment.
Each County employee shall acknowledge, by signature on a form approved by the Personnel Department, that the
employee has received, read and understands the Personnel Rules.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.04.030. Personnel Rules Not a Contract.
The Personnel Rules are not a contract, either express or implied. Employment with Deschutes County is at-will
which means that either Deschutes County or the employee can terminate the employment relationship at any time
for any reason. Deschutes County reserves the right, at any time, unilaterally and without notice, to revise, add to,
delete, supplement, or rescind all or any part of the Personnel Rules and any and all policies adopted by the
County, including any practices or procedures followed or permitted and any benefits provided, which are not
otherwise required by law or which are the mandatory subjects of bargaining under an existing collective
bargaining agreement or under provisions of State law. Employees will be notified in writing of any changes to the
Personnel Rules or to adopted written County policies.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.04.040. Adoption, Amendment, Administration.
A. Adoption. Personnel Rules are adopted by County ordinance. The Personnel Rules become effective in the
same manner as any other County ordinance and will be made available in the Personnel Department and in all
departments. If the County maintains an Internet or Intranet site or sites, the Personnel Rules shall be available
for viewing on the County Internet site and the County Intranet site.
B. Amendment. A request for a change in the Personnel Rules may be submitted to the County Administrator in
writing at any time by the Board, any department head or any employee. All amendments or changes to the
Personnel Rules must be approved by the Board and shall be adopted by County ordinance.
C. Administration of Rules: The County Administrator, through his or her administrative departments and offices,
shall be responsible for the administration and management of the County, including the administration of the
Personnel Rules and the County personnel system. The County Administrator shall make recommendations to
revise these rules, administer the classification and compensation plan and implement such policies and
procedures as may be necessary to implement and administer the Personnel Rules.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.04.050. Equal Employment Opportunity.
Deschutes County is an equal opportunity employer and does not discriminate against any employee or applicant
for employment with respect to any aspect of recruitment, selection, employment, advancement, discipline or
discharge on the basis of race; color, national origin; sex; religion; marital status; family relationship; sexual
orientation; gender identity; age; physical or mental disability (provided reasonable accommodation can be made
for any such disability); political affiliation; being a victim of domestic violence, sexual assault or stalking; service
in a uniformed service; association with a protected class-, or any other classification protected by Oregon or
federal law.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
Chapter 3.08. DEFINITIONS
3.08.010. Definitions.
The following definitions apply whenever the indicated term is used in the Personnel Rules:
"Board" is the Board of County Commissioners of Deschutes County, Oregon.
"Collective Bargaining Agreement" is a written contract with a recognized labor union or association relating to
the terms and conditions of employment of the represented group of employees.
"Contract Employee" is an employee providing services under an employment agreement.
"County Administrator" is the individual charged by the Board of Commissioners with control and supervision of
County administration, County departments, divisions, offices, districts and agencies, per Chapter 2.05 of the
Deschutes County Code.
"Department Head" is an individual appointed by the County Administrator to supervise a County Department, or
elected by the voters to supervise a department that is by statute or charter led by an elected official.
"Deputy District Attorney" is an attorney appointed by and working under the direction of the elected District
Attorney.
"Deputies" are appointees of Deschutes County elected officials serving during the term of office of the respective
elected officials.
"Domestic partners" are:
1. The same sex;
2. 18 years of age or older;
3. Not legally married to anyone;
4. Each other's sole domestic partner living together in a spousal equivalent relationship;
5. Sharing the same regular permanent residence; have done so continuously for at least six (6) months
immediately preceding the date of submitting an affidavit of domestic partnership and intend to continue
to do so indefinitely;
6. Financially interdependent and jointly responsible for "basic living expenses";
7. Not related by blood so close as to bar marriage in the State of Oregon; and
8. Are mentally competent to consent to contract currently and when the domestic partnership began.
"Employment Agreement" is a contract between the County and an employee which defines all or part of the
employment relationship. Upon termination or expiration of an employment agreement, the employment
relationship terminates.
"Exempt Employee" is an employee who is exempt from the overtime provisions of the Fair Labor Standards Act
and State of Oregon overtime laws.
"Good Standing" means having a current performance evaluation of meets or exceeds standards and not being
under any current discipline or work improvement plan.
"Grievance" is an oral or written complaint regarding application of the Personnel Rules, discipline imposed on an
employee or the discharge of an employee.
"Grievant" is the person or persons initiating a grievance.
"Grieve" means to initiate a grievance.
"Hourly Employee" is an employee who works less than half time on a year-round basis.
"Job-Share Employees" are employees who job-share are part-time employees who share a full-time position
normally held by one employee, on an equal basis. It is not two separate half-time positions.
"Lead worker" is an employee delegated limited supervisory duties in writing by the employee's department head.
Limited supervisory duties include distribution of work assignments, oversight of work performed, maintaining a
balanced workload among a group of employees, reviewing completed work, and maintenance of records of work
production and attendance by employees. Lead workers do not impose discipline or conduct performance
evaluations.
"Length of Service" is an employee's continuous full-time or part-time service with a County department.
"Longevity" is an employee's continuous full-time or part-time service as a County employee.
"Merit Step Increase" is an increase in an employee's pay from one step of the pay grade for the employee's
position to a higher step of the pay grade for the employee's position.
"Non-Exempt Employee" is an employee subject to the overtime provisions of the Fair Labor Standards Act and/or
State of Oregon overtime laws.
"Non-Represented Employees:" All employees who are not represented members of a bargaining unit.
"On-Call Employee" is an employee who does not have regular hours of work or a regularly assigned work
schedule and who is available to work on an as-needed bases. There is no guarantee of any hours of work for any
on-call employee.
"Part-time Employee" is an employee who works at least one-half (1/2) time.
"Pay grade" is the range of pay assigned to a Position Description on the salary schedule.
"Pay step" is one of the established levels of pay within a pay grade.
"Personal Services Contract" is a contract between the County and an independent contractor to perform personal
services for the County.
"Personnel Department" is the County department designated by the County Administrator to administer the
Personnel Rules and all other human resource matters for the County.
"Personnel File" is any file maintained by the County which contains employment records of an employee.
"Personnel Rules" are the rules, policies, and procedures set forth in Deschutes County Code, Title 3.
"Personnel Services Manager" is the person charged by the County Administrator with the responsibility of
coordinating and overseeing all personnel management for the County.
"Position" is two or more descriptions grouped by an occupation, discipline, or type of work.
"Position Authorization" is authorization for a specific position as approved in the adopted County budget.
"Position Description" is a written statement of the nature of the work to be performed, indicating duties and
responsibilities, representative examples of work and general minimum recruiting qualifications. This is also
referred to as a "Job Description." The Position Description may also be referred to by Position Title.
"Position Title" is the name assigned to a Position Description.
"Probation" or "Probationary Period" is a period of trial service during which an employee's work performance
and standing to become a regular employee is evaluated by the County.
"Regular employee" is a full-time or part-time employee who has successfully completed probation and who
works on a year round basis.
"Regular full-time employee" is a regular employee who is scheduled to work the established hours for a full-time
position on a regular year-round basis.
"Regular part-time employee" is a regular employee who is scheduled to work at least one-half of the established
full-time work schedule for the particular position on a regular, year-round basis.
"Represented Employees" are employees who are members of a recognized bargaining unit.
"Retiree" is an individual who has retired from County service.
"Seniority" is an employee's continuous full-time or part-time service in a particular position with the County.
"Supervisor" is defined as an employee who has authority over hiring, salary administration, evaluation, transfer,
promotion, demotion, discipline, grievance adjustment, or recommendations on any personnel action, as well as
day-to-day supervisory responsibilities.
"Temporary employee" is a person who has been hired by the County to work for a period not to exceed 18
months.
"Volunteers" are persons who perform services for the County and do not receive from the County salary, wages
or any other form of remuneration for services performed.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.12. APPLICATION OF PERSONNEL RULES TO COUNTY EMPLOYEES
3.12.010. Application of Personnel Rules.
3.12.020. Represented Employees.
3.12.030. At-Will and Contract Positions.
3.12.040. Personnel Services Contracts.
3.12.050. No Guaranteed Employment.
3.12.060. Amendment or Modification of Personnel Rules.
3.12.070. Deputy District Attorneys.
3.12.080. Sheriffs Office.
3.12.090. Department Policies.
3.12.010. Application of Personnel Rules.
The Personnel Rules apply to all County employees, including all deputies and employees working under an
elected official, except as otherwise provided in this chapter.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §l, 1986; Ord. 81-053, §1, 1981)
3.12.020. Represented Employees.
Employees subject to a collective bargaining agreement are subject to the Personnel Rules to the extent the
Personnel Rules do not conflict with the terms of the applicable collective bargaining agreement. In the event of
conflict between the terms of a collective bargaining agreement and the Personnel Rules or personnel policies
adopted pursuant to these Rules, the terms of the collective bargaining agreement shall take precedence and shall
be controlling.
(Ord. 2009-027, 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.12.030. At-Will and Contract Positions.
The County may create "at-will" and "contract" positions at its discretion. The County can designate any new
employee or position as an at-will or contract employee or position, unless such designation is prohibited by statute
or by the terms of an applicable collective bargaining agreement. The County may enter into individual
employment agreements that supersede all or any portion of the Personnel Rules. At-will employees have the right
to resign their position with County at any time for any reason. The County may terminate the employment of an
at-will employee at any time, for any reason, with or without notice, and with or without cause. The employment
of an employee providing services to the County under an employment agreement shall be governed by the terms
of the employment agreement.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.12.040. Personal Services Contracts.
Any person providing services to the County under a personal services contract is an independent contractor and is
not an employee for any purpose of the Personnel Rules.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.12.050. No Guaranteed Employment.
The Personnel Rules do not provide any guarantee of employment or guarantee of employment for any definite
period of time.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.12.060. Amendment or Modification of Personnel Rules.
The Personnel Rules may only be amended or modified by the Board. No department head, manager, supervisor
or employee has any authority to waive, amend or modify the Personnel Rules. Only the Board or the County
Administrator has the authority to enter into an employment agreement or contract of employment with any
employee.
(Ord. 2009-027, 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.12.070. Deputy District Attorneys.
Deputy District Attorneys are at-will employees and, as such, may resign from their position or have their
employment terminated at any time, for any reason, with or without notice and with or without cause. Deputy
District Attorneys are subject to appointment, promotion, demotion, re-assignment within the office of the elected
District Attorney and to discipline or discharge at the sole discretion of the elected District Attorney. Only Steps I
and 11 of the grievance procedure shall be available to Deputy District Attorneys.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.12.80. Sheriffs Office.
These Personnel Rules shall be construed so as not to conflict with the statutory authority of the Sheriff to
organize the work of the Sheriff's Office or with the statutory authority of the Sheriff to establish hours of work
for the Sheriff's Office consistent with applicable law and applicable collective bargaining agreements.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.12.090. Department Policies.
A. Because of the number and diversity of County departments, it is expected that different operating policies and
procedures may be necessary for the efficient and effective operation of the different County departments.
B. Each department head may establish operating policies and procedures for the department head's department
for the purpose of addressing operating issues that are unique to that department. However, no department
policy regarding personnel matters shall be effective until the policy is reviewed and approved in writing by
the County Administrator and County Legal Counsel. Department policies may not conflict with the
Personnel Rules and may not be less restrictive than the Personnel Rules or any countywide personnel policies
approved by the Board. In the event of any conflict between any department policy and the Personnel Rules or
any County policy, the Personnel Rules and/or County policy shall take precedence and shall be controlling.
C. Departments proposing to establish a department-specific personnel policy must provide the proposed
policy in writing to the County Administrator. The County Administrator will consult with County Legal
Counsel regarding the proposed policy. If the proposed policy is approved by the County Administrator and
County Legal Counsel, it may be implemented by the department.
D. A copy of each policy implemented by a department shall be provided to the Personnel Department, to County
Legal Counsel, and to each department employee and shall be made available for reference within the
department and in the Personnel Department.
(Ord. 2009-027, ~1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
Chapter 3.16. RECRUITMENT AND APPOINTMENT OF EMPLOYEES
3.16.010. Recruitment of Employees.
3.16.020. Probationary Period.
3.16.030. Hiring Former Employees.
3.16.040. Hiring Relatives, Domestic Partners and Personal Acquaintances of Employees.
3.16.010. Recruitment of Employees.
It is the policy of Deschutes County to recruit and select the most qualified individuals for employment with
Deschutes County. Recruitment and selection shall be conducted to ensure open competition, provide equal
employment opportunity, and to prohibit discrimination because of race, color, national origin, sex, religion, age,
marital status, family relationship, sexual orientation, physical or mental disability (provided reasonable
accommodation can be made for any such disability), political affiliation, or any other classification protected by
Oregon or Federal law. The Personnel Department is responsible for overseeing and administering the recruitment
and selection of County employees in accordance with the County's Recruitment and Selection Policy.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.16.020. Probationary Period.
A. Represented employees. For employees who are covered by a collective bargaining agreement, the length and
conditions of probationary (trial service) periods are provided in and governed by the applicable collective
bargaining agreement.
B. Non-represented employees. All newly hired and newly promoted non-represented employees shall be on
probationary (trial service) status until the employee completes at least twelve (12) full months of continuous
employment with the County and has received from his or her and department head or supervisor a written
one-year performance evaluation for which the employee is given an overall rating of meets or exceeds
standards. An employee on probationary status is not eligible to be removed from probation and assigned
regular employee status if the employee does not receive an overall rating of meets or exceeds standards on the
employee's one-year performance evaluation.
1. Each probationary employee shall be given a written performance evaluation at approximately two (2)
and six (6) months into the employee's probationary period. Each probationary employee shall also
receive a performance evaluation at twelve (12) months. The probationary evaluation schedule may not
be modified except by mutual agreement between the employee and his or her department head.
2. An employee on probationary status is an at-will employee and as such, may resign from his or her
position at any time, with or without cause and with or without notice, and may have his or her
employment terminated by the County at any time, with or without cause and with or without notice.
Discipline of or the termination of employment of a probationary employee may not be grieved.
3. If a department seeks to extend the probationary period for an employee on probationary status, a request
for extension of probation shall be made by the department head to the County Administrator and may
only be granted by the County Administrator. Extensions of probation will only be granted in unusual
circumstances, and shall be in 30-day increments, not to exceed a maximum of 90 days.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.16.030. Hiring Former Employees.
A. Limited option to reinstate former employees. If an employee resigns his or her position with the County in
good standing, upon approval of the department head and the County Administrator, the employee may be
reinstated to his or her former position, without loss of longevity or credit for prior County service, for a period
of time not to exceed three (3) months from the effective date of the employee's resignation so long as the
employee's former position has not been eliminated or filled through appointment or recruitment.
B. Other former employees. Former employees who are not eligible for reinstatement pursuant to subparagraph
A of this section, and who are otherwise eligible for re-hire with the County, must follow the regular
application, recruitment and selection procedures when applying for vacant positions with the County.
C. Re-hiring retirees. Individuals who retire from County service shall not be rehired in a position that would
require the County to contribute into a retirement system at the same time that the employee is receiving a
pension payment from a County-funded retirement plan. Such employees shall be hired as non-benefited,
on-call employees and shall be subject to the restrictions of the Public Employee Retirement System as they
relate to retired employees returning to work for a PERS employer.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.16.040. Hiring Relatives, Domestic Partners and Personal Acquaintances of Employees.
A. The County's employment goal is to hire employees who are qualified and competent, using a competitive
process that is valid and fair. The County will maintain impartiality in recruitment and hiring. The County
will not give hiring preference to relatives, domestic partners or personal acquaintances of current employees.
B. Pursuant to ORS 659A.309 as it currently exists or as amended, the County shall not refuse to hire or
employ an individual, bar or discharge an individual from employment, or discriminate against an individual
in compensation or in terms, conditions or privileges of employment solely because a relative or member of
an individual's family works or has worked for the County.
C. No member of an individual's family, as the term "member of an individual's family" is defined in ORS
659A.309(3) (wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-
in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent or stepchild of
the individual), or domestic partner of the individual, who is a County employee, shall be permitted to serve
in a direct supervisory capacity over or under that individual. If the hiring, assignment, transfer or promotion
of an individual would place the individual in a position of exercising supervisory, appointment or grievance
resolution authority over a member of the individual's family or in a position of being subject to the
exercise of such authority by a member of the individual's family, the county may deny such hiring,
assignment, transfer or promotion of that individual.
(Ord. 2009-027, 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
Chapter 3.20. HOURS OF WORK
3.20.010.
Work Schedules.
3.20.020.
Rest and Meal Breaks.
3.20.030.
Alternative or Flexible Work Schedules.
3.20.040
Outside Employment.
3.20.010. Work Schedules.
A. Reporting time. Employees must be at their designated workspace on time and ready to work. Employees
shall remain at work until the end of the employee's work day or work shift, unless permission to leave earlier
is granted by the employee's supervisor or department head. If an employee is not able to report for work, the
employee must notify his or her supervisor as soon as possible prior to the employee's scheduled shift of his or
her inability to report to work, the reason the employee is not able to report to work, and the estimated length
of time before the employee will be able to return to work. An employee's failure to report to work without
prior notification to the employee's supervisor or department head shall be considered an implied resignation
by the employee unless circumstances beyond the control of the employee reasonably prevent the employee
from reporting to work or notifying his or her supervisor or department head of the employee's inability to
report to work.
B. Hours of work. Work hours are established by the County Administrator. Department heads shall have
personnel available to serve the public at all times during work hours, unless otherwise authorized by the
County Administrator. Department heads may establish flexible work schedules, subject to approval by the
County Administrator, so long as the flexible work schedule is in compliance with other sections of the
Personnel Rules, the terms of any applicable collective bargaining agreement and all applicable wage and hour
laws.
C. Work week and work schedules. The standard work week for Deschutes County employees is Sunday through
Saturday. Except as may otherwise be defined in a collective bargaining agreement, work schedules for each
department shall be determined by the department head, subject to approval by the County Administrator.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.20.020. Rest and Meal Periods.
A. Rest periods. Each employee shall be provided an uninterrupted rest period of fifteen (15) minutes for every
four hours in a work period, to be taken as close as possible to the midpoint of each four-hour work period.
Rest periods must be provided and taken separately from the employee's meal period and cannot be saved up
to lengthen the employee's meal period or to allow an employee to leave work early.
B. Meal periods.
1. All employees who work more than six (6) hours in a work day shall be given a meal period during the
employee's work shift. Except when, due to the nature and circumstances of an employee's work, an
employee is required to remain on duty or to perform work tasks during the employee's meal period, the
employee's meal period shall be taken as close as possible to the middle of the employee's work shift.
Meal periods shall be at least thirty (30) continuous minutes in length.
2. Non-duty meal periods are the employee's own personal time. During a non-duty meal period, an
employee shall be free to leave his or her work station and shall not be expected to perform any work. In
the event of an emergency or other circumstance in which an employee is required by his or her supervisor
or department head to remain on duty or to perform work tasks during the employee's designated meal
period, the meal period will be paid time.
3. Meal periods cannot be skipped or shortened to less than thirty (30) continuous minutes in length to allow
an employee to leave work early.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.20.030. Alternative or Flexible Work Schedules.
If an employee is interested in working an alternative or flexible work schedule, the employee must submit a
written request to his or her department head. Alternative or flexible scheduling shall only be permitted if
approved by the employee's department head, if department operations and public service requirements will not
be adversely affected , and if the alternative or flexible schedule does not conflict with these Personnel Rules,
any applicable collective bargaining agreement or any applicable wage and hour law.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.20.040 Outside Employment
County employees may, in general, engage in employment or business outside their work for the
County. However, employees shall not utilize county time, materials, equipment or resources for such
outside employment or business, or allow such employment or business to conflict with, or appear to
conflict with, the employee's work for the County or with the interests or business of the County. No
employee may perform any service or employment, outside of County employment, or engage in any
business for which the employee receives compensation during the employee's County work hours.
Employees may be subject to other requirements depending on department needs. Questions or issues
regarding any actual, potential or apparent conflict of interest shall be resolved by the County
Administrator.
Any outside employment or business obligations must not interfere with or adversely affect the
employee's ability to fulfill all of the employee's responsibilities to the County. If, in the judgment of
the employee's department head, an employee's outside employment or business interferes with or
adversely affects the employee's performance of duties for the County, the department head may
require the employee to terminate the outside employment or business. Under such circumstances, the
failure or refusal of an employee to terminate outside employment may be grounds for termination of
employment with the County.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
Chapter 3.24. WAGE AND SALARY ADMINISTRATION
3.24.010. Pay Plan.
3.24.020. Pay Periods and Pay Days.
3.24.030. Wage and Salary Adjustments.
3.24.010. Pay Plan.
The pay plan will include a schedule of rates of pay for all County positions. The objective of the pay plan is to
provide a competitive salary structure to recruit and retain qualified employees.
A. Pay grades will be established based upon the following factors:
I . The relative difficulty and responsibility of work;
2. The recruiting experience of the County;
3. The prevailing rates of pay for comparable public sector employers. Prevailing rates of pay in the private
sector may be used depending on the pay grade or position being reviewed.
4. Cost-of-living;
5. The financial policies of the County;
6. Internal equity; and
7. Other relevant economic considerations.
B. The Personnel Department is responsible for the development and administration of the County pay plan. A
County-wide pay plan for all County positions shall be adopted by the Board as a part of the annual budget
adoption process. Pay grade adjustments for individual positions may be approved outside the budget process
by the County Administrator if no budget amendment is required to fund such adjustment or adjustments.
C. Pay rates.
1. Generally: Each employee shall be paid at one of the steps in the approved pay grade for the employee's
position. No employee can receive base pay in excess of the established maximum step of the pay grade
for the employee's position.
2. Longevity pay. For employees covered by a collective bargaining agreement, longevity pay shall be
provided in accordance with the terms of the applicable collective bargaining agreement. For employees
not covered by a collective bargaining agreement, the following shall apply:
a. Longevity is determined by an employee's continuous full-time or part-time service as a County
employee. Full-time employees who have worked continuously for the County shall receive additional
pay per month for each five years of continuous service.
b. For employees working less than full-time but at least half-time, longevity shall be pro-rated by using
the ratio of the regularly scheduled work hours for the employee to the regularly scheduled work hours
for a full-time position. Employees working less than half-time shall not accrue longevity and shall
not receive longevity pay.
c. Longevity amounts for non-represented employees shall be equivalent to amounts provided for in
the collective bargaining agreement between Deschutes County and AFSCME local 3997 unless
otherwise adjusted by the Deschutes County Budget Committee during the annual budget approval
process.
d. Longevity shall terminate in the event of the following:
(1) V oluntary termination for more than three (3) months, except under special circumstances to be
determined by the County;
(2) Discharge for cause;
(3) A lay-off of more than eighteen (18) months;
(4) An unexcused failure to report to work at the termination of an extended leave of absence;
(5) Acceptance of other employment without the permission of County while on a leave of absence;
or
(6) Retirement.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.24.020. Pay Periods and Pay Days.
A. Full-time and at least half-time employees. Pay periods for full-time employees and for employees who are
regularly scheduled to work at least half-time shall run from the first day of the month through the last day of
the same month, with payment for that period to be made on the last work day of the month. If the last day of
the month falls on a holiday or a weekend, payday for that pay period will be the last work day preceding the
holiday or weekend.
B. Temporary, hourly and on-call employees. Pay periods for temporary, hourly and on-call
employees shall run from the day after payroll cut-off in a month to the date of payroll cut-off in
the subsequent month.
C. New employees. Employees beginning employment on or before the 25`" of the month will receive their first
paycheck at the end of the month they begin their employment. Employees beginning work after the 25`x' of
the month will receive their first paycheck at the end of the month following their first month of employment.
(Ord. 2009-027, ~1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.24.030. Wage and Salary Adjustments.
A. New employees. New employees shall generally be hired at the first step of the pay grade. When a new
employee has extensive prior experience and the department head believes it is justified, an employee may be
hired at the second step of the pay grade. Hiring at Step 3 or above requires prior approval by the County
Administrator and will only be granted in extraordinary circumstances.
B. Merit step increases. In addition to cost-of-living pay increases, if funds are available and appropriated,
employees are eligible for merit step increases, provided their performance has met or exceeded performance
standards established by the department head and/or the employee's supervisor. For an employee to receive a
merit step increase, the employee's department head must complete a written performance evaluation of the
employee with a recommendation for the increase. The amount of an authorized merit step increase will be
determined by the adopted pay plan. Employees who are at the top step in their pay grade are not eligible for
merit step increases. Employees shall be eligible for merit step increases on their eligibility date. An
employee's eligibility date is based on the employee's date of hire as follows: If hired on or before the fifteenth
(15'l') of the month, the employee's eligibility date shall be the first day of the month in which the employee
was hired; if hired on or after the sixteenth (16~') of the month, the employee's eligibility date shall be the first
day of the month following the month in which the employee was hired.
C. Cost-of-living increases. As part of the annual budget adoption process, the Board will determine what cost-
of-living increase, if any, will be applied to the County's pay plan. Increases are contingent upon the
availability and appropriation of funds. Cost-of-living pay increases are not guaranteed and are subject to the
discretion of the Board.
D. Upon prior approval by the County Administrator, a non-represented employee is eligible to receive a 5% or
10% differential for performing lead work. The lead work must be assigned in writing by the employee's
department head. Lead work may include the coordination and assignment of work duties to assigned
employees and/or the review of employee work to ensure work quality and compliance with applicable
methods, policies, and procedures. Examples of lead work include distribution of work assignments to
employees, maintaining a balanced workload among agroup of employees or reviewing the completed work
of employees The lead pay must be approved by the County Administrator in advance of the employee
receiving the assigned lead duties. Retroactive lead pay is not allowed.
E. Upon prior approval by the County Administrator, a non-represented employee is eligible to receive on-call
pay at a compensation rate of two hours per day at their current hourly rate. An employee receiving on-call
pay must be able to be contacted by phone or pager during the on-call period and respond in a timely manner
as determined by the department.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
Chapter 3.28. PERSONAL CONDUCT
3.28.010.
Code of Ethics.
3.28.020.
Conflict of Interest.
3.28.030.
Political Activities.
3.28.040.
Personal Appearance, Dress and Grooming.
3.28.050.
Smoking or Use of Tobacco Products.
3.28.060.
Acceptance of Gifts.
3.28.010. Code of Ethics.
All County employees have a responsibility to the County and its citizens to engage in duties for the County in a
manner that will merit the trust and confidence of the public. As such, all County employees are expected to be
fair, honest, ethical and professional in their conduct, to adhere to the spirit and letter of all applicable laws and
regulations that apply to the performance of the employee's duties and to refrain from any illegal, dishonest or
unethical conduct in the performance of the employee's duties.
All County employees are considered to be public officials. As such, each County employee is subject to, is
expected to be familiar with, and is expected to conduct himself or herself in accordance with the State of Oregon
Government Standards and Practices Law (ORS Chapter 244) ("Ethics Law") as it currently exists or as amended.
The Ethics Law provides, in part: "No public official shall use or attempt to use official position or office to obtain
financial gain or avoidance of financial detriment that would not otherwise be available but for the public official's
holding of the official position or office, other than official salary, honoraria reimbursement of expenses or an
unsolicited award for professional achievement for the public official or the public official's relative, or for any
business with which the public official or a relative of the public official is associated." Any violation by a County
employee of State of Oregon Ethics Law is a violation of the Deschutes County Personnel Rules.
If an employee is unsure whether his or her conduct violates or might violate the State of Oregon Ethics Law or
this code of ethics, the employee shall notify the employee's immediate supervisor or department head to
determine an appropriate course of action.
Full compliance with this code of ethics is the responsibility of each County employee. Any violation of this code
of ethics will subject the employee to disciplinary action up to and including possible termination of employment.
Any employee accused of violating the Ethics Law shall be solely responsible for the costs of his or her defense
before the Government Standards and Practices Commission. If the charges are dismissed or determined to be
unfounded, the Board, at the Board's discretion, may elect to reimburse the employee for some or all of the costs
incurred by the employee.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.28.020 Conflict of Interest.
County employees shall refrain from engaging in any employment, business, activity, practice, or act
which actually conflicts with, potentially conflicts with, or gives the appearance of conflicting with the
employee's work for the County or with the interests of the County. An actual conflict of interest
exists when an action is taken that directly affects land, a business, or any other financial interest of an
employee or an employee's relative and is reasonably certain to have a financial impact on the
employee or a relative of the employee. A potential conflict of interest exists when an employee takes
action that reasonably could be expected to have a financial impact on that employee, a relative of the
employee, or on a business with which the employee or the employee's relative is associated. For
purposes of this section only, "relative" means the spouse, domestic partner, parent, child, brother and
sister of either the employee or the employee's spouse or domestic partner.
The following activities are prohibited:
A. Employees shall refrain from accepting gifts, favors, services or promises of future employment that could
possibly relate to or is intended to influence the performance of their official duties. This section is not
intended to conflict with section 3.28.060 below.
B. Employees shall not use their position to gain special privileges or benefits or to avoid financial detriment
that would not otherwise be available or avoidable but for the employee's position with County.
C. No employee shall further, or attempt to further, the personal gain of any County employee or relative
through the use of confidential information gained in the course of performing her/his duties for County.
D. Employees shall not participate, directly or indirectly, in any business or organization which might
inappropriately influence the employee's official decisions and judgments for the County.
E. Employees shall not hold any position with any business, organization or governmental unit which would
conflict with the proper performance of the employee's duties or responsibilities for the County, or which
could influence the employee's judgment in the conduct of business between the County and such business,
organization or governmental unit.
F. Employees who conduct private business which requires access to public County records shall have access
to that information only during the employee's off-duty time. Employees shall not be given special access
or special privileges, such as not imposing a fee for a service that is generally fee-based or being permitted
to review confidential information which is not available to members of the general public.
G. Employees are not to engage, directly or indirectly, either on or off the job, in any conduct which is
disruptive to, competitive with, or damaging to the County.
H. Employees shall not accept any employment which would inappropriately influence the performance of
the employee's duties for the County. This prohibition on employment includes serving as an advisor or
consultant to any business or organization, unless that activity is conducted as a representative of the
County.
1. Employees must disclose any financial interest the employee or the employee's relatives have in any
business or organization which does business with the County. The County may require the employee to
divest such interest if the County deems the interest to be in conflict with the best interests of the County.
This list of prohibited activities is intended to illustrate types of actions that create a conflict of interest, a
potential conflict of interest, or the appearance of a conflict of interest. These examples are not intended to be
exhaustive or to limit the types of actions that are prohibited by State of Oregon Ethics Law or Deschutes
County policy.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.28.030. Political Activities.
Employee involvement in certain political activities is protected under the First Amendment. However, under
Oregon and federal law, there are some restrictions on the political activities of Oregon public employees. County
employees are expected to be familiar with and to comply with these laws as they currently exist or as amended.
Oregon law (ORS 260.432(2)) requires that: "No public employee shall solicit any money, influence, service or
other thing of value or to promote or oppose any political committee or to promote or oppose the nomination or
election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder while on the job during working hours. However, this section does
not restrict the right of a public employee to express personal political views."
The Hatch Act (federal law) further requires that employees whose principal job responsibilities are financed in
whole or in part from loans or grants made by the federal government may not use their official influence to
interfere with or affect the result of an election or a nomination for office. An employee covered by the Act may
not, either directly or indirectly, coerce or advise another employee to contribute anything of value in any form
whatsoever to any organization or agency for political purposes.
The expression of personal political views while on the job during working hours is permitted only to the extent
that such expression does not interfere with the performance of the employee's duties or performance of the duties
of other employees. While on the job, during working hours, any comment or suggestion to fellow employees or
the public to vote a certain way is prohibited, even if it does not interfere with the performance of duties of the
employee or other employees. Politically related activities such as fundraising, soliciting volunteer help on political
campaigns or disseminating partisan election material is prohibited while on the job during working hours.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.28.040. Personal Appearance, Dress and Grooming.
The County respects each employee's individuality and expects that each employee will use common sense and
good judgment in choosing appropriate clothing to wear while performing duties for the County. The County
expects its employees to present a clean and professional appearance at work. Employees should dress and groom
themselves in accordance with the requirements of their position and accepted social standards, particularly if the
employee's job duties involve in-person contact with the public.
Each County department may establish appearance, dress and grooming standards for the department's employees
which may include the requirement that department employees wear a uniform, as prescribed by the department,
while on duty.
If an employee's immediate supervisor or department head feels that an employee's personal appearance, dress or
grooming is inappropriate or offensive, the employee's supervisor or department head may require the employee to
leave the workplace until the employee's appearance, dress and grooming is appropriate for work. If an employee
is required to leave work because of inappropriate appearance, dress or grooming, the employee will not be
compensated for the time away from work. If an employee fails or refuses to comply with a lawful directive of a
supervisor or department head to change appearance, dress or grooming that the supervisor or department head
determines is inappropriate or offensive, the employee will be subject to disciplinary action, up to and including
possible termination of employment.
Notwithstanding the foregoing, the County shall make reasonable accommodations for appearance, dress or
grooming to a person with a legally protected disability or to accommodate a bona fide religious belief.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.28.050. Smoking or Use of Tobacco Products.
Smoking and use of tobacco products is prohibited in all County buildings, vehicles and equipment, and outside
areas designated the County. Employees may only smoke or use tobacco products in designated areas outside
County buildings, vehicles or equipment.
Employees may only use designated rest and meal periods for smoking or use of tobacco products. Additional
breaks for smoking or use of tobacco products are not permitted.
County facilities located in incorporated cities whose governing bodies adopt ordinances establishing rules and
regulations with regard to smoking or use of tobacco products shall be subject to the terms and conditions of
said ordinances. If an applicable city ordinance is more restrictive than state law or this code provision, the city
ordinance shall apply.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.28.060 Acceptance of Gifts.
The provisions of Oregon Ethics Law notwithstanding, County employees, acting in their official capacity, shall
not accept any gift from any source with a value in excess of $100 nor, in the course of a calendar year, smaller
gifts from a single source with an aggregate value exceeding $100. Gifts received by County employees, valued at
$100 or less, shall, to the extent practical, be shared with other County employees. County employees may accept
gifts with de minimis value, such as caps, coffee mugs, pens and paperweights, and are not expected to share such
gifts. Gifts with a value in excess of $100 shall be refused, returned to the sender, or donated to a charitable
organization.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
Chapter 3.32. PROMOTIONS, DEMOTIONS AND REASSIGNMENTS
3.32.010. Promotions.
3.32.020. Demotions and Reassignments.
3.32.010. Promotions.
A. Process. If a qualified employee applies for an open position, at the discretion of the County Administrator,
the County may opt to promote the employee to the position and not recruit for the position. The County
Administrator may, at his or her option, require the employee to take any appropriate tests and go through an
interview or interviews and a background check prior to deciding whether to promote the employee to the new
position.
B. Effect of promotions on salary. When an employee is promoted to a classification with a higher pay grade, the
employee will receive a pay increase of not less than the percentage difference between steps in the pay grade
for the new position, except that the employee's pay may not exceed the maximum pay step of the pay grade
for the new position. If the employee's current pay rate is below the minimum pay step of the pay grade for the
new position, the employee's pay shall be increased to at least the minimum pay step of the pay grade for the
new position.
C. New probationary period. Employees who are promoted to a new position must serve a new probationary
period of twelve (12) months in the new position.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.32.020. Demotions and Reassignments.
When an employee is demoted for cause to a position with a lower pay grade , the employee's pay will be reduced
to a pay step within the lower pay grade. When an employee is reassigned for administrative purposes through no
fault of the employee, if the employee's reassigned position is in a lower pay grade, normally, the employee's pay
will be changed to the step in the pay grade for the employee's new position that is closest to the employee's
current rate of pay. If the employee's reassigned position is in a higher pay grade, normally, the employee's pay
will be changed to the closest step in the pay grade for the employee's new position which is not lower than the
employee's current rate of pay. Subject to approval of the County Administrator, the salary of an employee who is
reassigned to a position with a lower pay grade may be held at the employee's current rate of pay, without
adjustments for cost-of-living increases, until the employee's rate of pay falls within the pay grade for the
employee's reassigned position.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
Chapter 3.36. LEAVE
3.36.010. Authorization for Leave.
3.36.020. Military Leave.
3.36.030. Leave of Absence Without Pay.
3.36.040. Family and Medical Leave.
3.36.050. Special Leave - Closure of County Offices.
3.36.060 Victims of Domestic Violence, Sexual Assault or Stalking Leave
3.36.070 Holidays
3.36.080 Criminal Proceedings Leave
3.36.010. Authorization for Leave.
Except as otherwise provided in these Personnel Rules, any applicable collective bargaining agreement, or as
required by law, all requests for leave must be approved by an employee's supervisor or department head.
An employee granted a leave of absence will be required to use all accrued and unused compensatory time and all
accrued and unused paid leave time before the employee may take leave without pay. After an employee's paid
time is exhausted, any leave granted or permitted will be without pay.
All leave used (paid or unpaid) shall be recorded on the employee's monthly Payroll Time and Leave Worksheet.
Each department head is responsible for ensuring that all leave used by employees in their department is accurately
recorded and reported on the monthly Payroll Time and Leave Worksheets.
(Ord. 2009-027, 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.36.020. Military Leave.
A. Military leave with pay. An employee who has been employed with the County for at least six (6) months and
who is a member of the National Guard or the reserve of any branch of the U.S. military is entitled to military
leave with pay for a period not to exceed fifteen (15) work days per federal fiscal year. Such leave will be
granted without loss of pay or leave and without impairment of merit ratings or other rights or benefits of
employment with the County.
Military leave with pay may be granted only to personnel with certified orders and will not be paid if the
employee does not return to his or her position on the employee's first scheduled work day following the end
of the approved duty period. Leave with pay will not be granted to those employees entering military service
for extended or indefinite periods of time.
B. Military leave of absence without pay. All County employees who perform "service in the uniformed
services," as defined in 38 U.S.C. § 4304, are entitled to military leave without pay pursuant to and in
accordance with the provisions of the Uniformed Services Employment and Reemployment Rights Act of
1994 [38 U.S.C. §§4301, et seq.], as amended. Employees may, but are not required to, use accrued and
unused time management, vacation or holiday bank leave or accrued and unused compensatory time off for
any period of military service which is unpaid by the County. Except as may otherwise be required by law,
employees are not entitled to use accrued sick leave for periods of leave for military service.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
C. Military Leave for Spouses During a period of military conflict an employee who is a spouse of a member of
the Armed Forces, National Guard, or military reserve forces is entitled to 14 days of leave per deployment
including time before the deployment and/or leave from deployment The employee must provide five days
advance notice and use eligible paid leave first. To be eligible the employee must work an average of 20
hours per week for at least 180 calendar days immediately preceding the date of the leave.
D. Payroll records. Department heads are required to document all military leave taken by an employee on the
employee's Payroll Time and Leave Worksheet. Copies of military orders shall be submitted to the Personnel
Department and kept in the employee's Personnel File.
(Ref. ORS 408.290)( Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1,
1981)
3.36.030. Leave of Absence Without Pay.
An employee's department head may grant a leave of absence without pay not to exceed 30 calendar days.
Leaves of absence without pay for periods in excess of 30 days must be approved by the County Administrator and
the employee's department head except for leaves of absence which, by law, an employee is entitled to take.
(Ord. 2009-027, 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.36.040. Family and Medical Leave.
County employees shall be eligible to take family and medical leave as provided under the federal Family and
Medical Leave Act of 1993 ("FMLA") and the Oregon Family Leave Act (ORS 659.010, "OFLA"), and pursuant
to the Deschutes County Family and Medical Leave Policy.
(Ord. 2009-027, ~1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.36.050. Special Leave - Closure of County Offices.
In the event of weather-related or other conditions determined to be an emergency by the Board or the County
Administrator, the Board or the County Administrator may decide to close County offices. For purposes of this
section, an emergency includes, but is not limited to, conditions due to the following:
A. Snow/ice
B. Building problem
C. Bomb threat
D. Volcano
E.
Forest Fire
F.
Earthquake
G.
Flood
H.
Terrorist threat
I.
Civil unrest
If County offices are closed due to a declared emergency, employees will be granted leave with pay for the
duration of the closure.
If County offices are open for business and an employee does not report to work due to weather-related or other
conditions, the time off will be deducted from the employee's accrued paid leave unless it is determined by the
County Administrator that the employee could not report to work due to circumstances beyond the reasonable
control of the employee.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, §1, 1981)
3.36.060 Victims of Domestic Violence, Sexual Assault or Stalking Leave
An employee shall be allowed to take a reasonable amount of leave determined by the County Administrator
and Personnel Department to address domestic violence, sexual assault, or stalking of the employee or his or her
minor dependants (ORS 659A.272). The employee must have been employed with the County for at least six
months and worked an average of more than 25 hours per week for at least 180 days immediately before the
requested leave. The leave must not create an undue hardship on the department and it must be for an
authorized purpose. An authorized purpose includes seeking legal or law enforcement assistance or remedies -
seeking medical treatment or recovering from injuries; obtaining counseling or services from a victim services
provider; or relocating or taking steps to secure a safe home for the employee or minor child.
The employee shall provide the Personnel Department and his/her department head with as much advance notice
as is practicable. The County may require certification of the need for the leave, such as a police report;
protective order; documentation from a law enforcement officer, attorney, or victim services provider.
If approved, the employee must use paid leave (excluding sick leave) which includes time management,
vacation, compensatory time, or holiday time. If all paid time is exhausted, the employee may request unpaid
leave.
Upon request from an employee the County shall make reasonable work safety accommodations for an
employee that is a victim of domestic violence sexual assault or stalking,
(Ord. 2009-027, §1, 2009; Ord. 2009-012, §2)
3.36.070. Holidays.
The following shall be recognized as paid holidays for full-time and part-time (on a pro-rated basis) County
employees: New Year's Day President's Day Martin Luther Kings Day Memorial Da, Independence Day,
Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and one floating holiday
(Ord. 2009-027, §1, 2009)
3.36.080 Criminal Proceedings Leave
An employee who is a felony crime victim shall be allowed to take leave to attend a felony criminal proceeding
involving the employee or immediate family- defined as spouse domestic partner, father, mother, sibling,
child stepchild and grandparent (ORS 659A.192). The employee must provide reasonable advance notice of the
leave provide copies of the notices of the criminal proceedings have been employed with the County for at
least six months, and worked an average of more than 25 hours per week for at least 180 days immediately
before the requested leave. The leave must not create an undue hardship on the department If approved the
employee must use paid leave (excluding sick leave) which includes time management vacation compensatory
time, or holiday time. The employee shall not use sick leave. If all paid time is exhausted the employee may
request unpaid leave.
(Ord. 2009-027, § 1, 2009)
Chapter 3.40. DISCIPLINE AND DISCHARGE
3.40.010. Discipline.
3.40.020. Discharge.
3.40.030. Appeals of Disciplinary Actions (Non-represented Employees Only).
3.40.010. Discipline.
A. General. Employees may be disciplined for cause as determined by the employee's supervisor, department
head, or the County Administrator. As set forth in section 3.40.020, probationary, temporary, hourly, and on-
call employees, as at-will employees, may terminate their employment and may be discharged with or without
notice and with or without cause.
B. Forms of Discipline. In general, the County will follow principles of progressive discipline when
implementing discipline. However, the form of discipline to be imposed in a particular situation will depend
on factors such as the severity of the offense, the number of occurrences of the same or similar offenses, the
employee's work history and record of prior discipline with County and any other relevant factors.
Disciplinary action generally will consist of one or more of the following:
1.
Oral warning
2.
Written reprimand
3.
Suspension
4.
Demotion
5.
Discharge
The County reserves the right, depending on the circumstances of the particular situation, not to follow progressive
discipline and to implement or impose one or more of these disciplinary actions, to bypass one or more of these
disciplinary actions or to take or implement other forms of disciplinary action if determined to be appropriate by
the employee's supervisor, department head, or the County Administrator. The County further reserves the right to
take or implement non-disciplinary actions that may be appropriate as part of a corrective action plan, including,
but not limited to, unscheduled performance evaluations, work plans, last chance agreements, additional
supervision or training, referral to counseling or mediation, restructuring of job assignments, or other actions as
deemed appropriate.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.40.020. Discharge.
A. Discharge of regular employees: Regular employees may be discharged from County service for cause as
determined by the employee's department head or the County Administrator.
B. Discharge during probationary period: All employees on probation are at-will employees and, as such, may
terminate their employment and may be discharged with or without cause and with or without notice as
determined by the employee's department head or the County Administrator.
C. Discharge of temporary, hourly and on-call employees: Temporary and on-call employees are at-will
employees and, as such, may terminate their employment and may be discharged with or without cause and
with or without notice as determined by the employee's department head or the County Administrator.
D. Employees who are discharged for cause are not eligible for rehire in any County Department unless rehire is
approved by the County Administrator.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.40.030. Appeals of Disciplinary Actions (Non-represented Employees Only).
Disciplinary actions imposed on non-represented employees that are otherwise subject to the grievance process
may be grieved under the provisions of DCC 3.44. Discipline or discharge of probationary, temporary, hourly and
on-call employees is not subject to the grievance process. Appeals of disciplinary actions imposed on non-
represented employees of the Sheriff's Office shall be governed by Sheriffs Office policies and procedures and
not by DCC 3.46.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
Chapter 3.44. GRIEVANCES
3.44.010.
General.
3.44.020.
Procedure.
3.44.030.
Limitations on Grievances.
3.44.040.
Time Limits.
3.44.050.
Extension of Time Limits.
3.44.060.
Prohibited Practices.
3.44.010. General.
The County will promptly consider and respond to employee grievances relating to discipline, discharge,
application of the Personnel Rules, or the terms and conditions of employment. The County prefers to informally
correct the causes of grievances and encourages supervisors and employees to address and resolve problems as
they arise. If the cause of a grievance cannot be resolved informally, for represented employees, the grievance
procedures of the applicable collective bargaining agreement shall apply.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.44.020. Procedure.
For non-represented employees except non-represented employees of the Sheriff's Office, the following procedure
for processing formal grievances shall be followed:
STEP I: The aggrieved employee, or group of employees, shall verbally present the grievance to the immediate
supervisor within fifteen (15) calendar days of the occurrence of the issue or action giving rise to the grievance or
within fifteen (15) calendar days of the time the employee or group of employees become aware of the issue or
action. The supervisor shall give his/her response within fifteen (15) calendar days of the date of the presentation
of the grievance, not including the date of presentation.
STEP II: If the grievance is not fully resolved at Step I, the grievance shall, in detail, be reduced to writing,
signed and dated by the aggrieved employee or group of employees, and presented to the department head within
fifteen (15) calendar days after the supervisor's response is given, not including the date of the response. The
department head shall respond in writing to the grievance within fifteen (15) calendar days of the date the written
grievance is presented to the department head, not including the date of presentation.
STEP III: If the grievance is not fully resolved at Step II, the written grievance shall be presented by the
aggrieved employee or group of employees, along with all pertinent correspondence, records and information, to
the County Administrator within fifteen (15) calendar days after the department head's response is given, not
including the date of the response. The County Administrator may meet with the aggrieved employee or group of
employees, the immediate supervisor, and/or the department head before responding to the grievance. The
County Administrator shall respond to the grievance in writing within fifteen (15) calendar days after the date the
written grievance is presented to the County Administrator, not including the date of presentation.
STEP IV: If the grievance of a suspension without pay, demotion or discharge is not resolved at Step III, the
grievance shall be submitted in writing to the Board of County Commissioners within fifteen (15) calendar days
after the County Administrator's response is given, not including the date of the response. If the grievance relates
to suspension without pay, demotion or discharge of an employee, the Board will hold a hearing if requested by
the employee before issuing a response. If a hearing is not requested by the employee, the Board, at the Board's
discretion, may hold a hearing before issuing a response. The decision of the Board shall be final and binding.
The Board, at the Board's option, may request advisory arbitration prior to holding a hearing on the grievance.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.44.030. Limitations on Grievances.
A. Oral warnings are not subject to the grievance process.
B. Performance evaluations can only be grieved through Step II of the grievance procedure.
C. Written reprimands can only be grieved through Step III of the grievance procedure.
D. Discipline or discharge of probationary, temporary, hourly and on-call employees is not subject to the
grievance process.
(Ord. 2009-027. § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.44.040. Time Limits.
If the grievance procedures established by this section are not initiated by an aggrieved employee or group of
employees within the time limits set forth in this section, the grievance shall be dismissed and it shall be
considered that the grievance did not exist. If the County fails to respond to any grievance within the time
prescribed for a response, the grievance will automatically advance to the next step.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.44.050. Extension of Time Limits.
The time limits for the initiation and completion of the steps of the grievance procedure may be extended by
mutual consent of the parties involved, which should be documented in writing.
(Ord. 2009-027, &1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.44.060. Prohibited Practices.
No employee may be disciplined, retaliated against or discriminated against in any way because of the employee's
use of the grievance procedure.
(Ord. 2009-027, 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
Chapter 3.48. TERMINATION OF EMPLOYMENT
3.48.010.
Voluntary Terminations.
3.48.020.
Involuntary Terminations.
3.48.030.
Loss of Longevity and Seniority.
3.48.040.
Recall After Layoff.
3.48.050.
Death.
3.48.060.
Final Paycheck.
3.48.070.
Exit Interviews.
3.48.010. Voluntary Terminations.
To resign in good standing, an employee must give the employee's department head or the County Administrator
a written notice of resignation at least fourteen (14) calendar days prior to the effective date of the employee's
resignation. The employee's department head or the County Administrator, may agree to a shorter period of
notice if an employee so requests, in writing, and provides a suitable explanation for the shorter notice period.
An employee who fails to provide at least fourteen (14) calendar days notice and fails to obtain permission for a
shorter notice period may be ineligible for rehire. Unless otherwise approved in advance by the employee's
department head and the County Administrator, or as otherwise required by law, an employee who voluntarily
resigns must be present and on the job for one full week immediately prior to the employee's termination date
and must work on the termination date. If an employee takes any unauthorized leave during the employee's
final week of employment, the employee may be ineligible for rehire with the County, and the County may, at
its discretion, alter the employee's termination date.
Upon receipt of a notice of resignation, the County reserves the right, at the County's option, to designate a
termination date which is earlier than the termination date designated by the employee. If the County elects to
designate an earlier termination date, the County shall pay the employee for all wages and leave that would have
accrued and shall maintain all benefits to which the employee would have been entitled if the employee had
worked through the termination date designated by the employee.
(Ord. 2009-027, § 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.48.020. Involuntary Terminations.
A. Layoffs/reductions in force.
Restructure of the organization, a reduction in budgeted positions, lack of work, or shortage of funds may
result in the layoff of employees. In the event of layoff, the County may transfer affected employees into
vacant positions for which the affected employees are qualified, in the judgment of the hiring department head.
When a decision is made to lay off employees, the County will base layoff decisions on the following factors:
1. Job skill level
2. Ability
3. Experience
4. Education
5. Training
6. Work record
7. History of discipline and/or corrective
actions
8. Knowledge of the program, department,
and organization
9. Special skills or certifications
10. Longevity with the County
Seniority may be considered when the qualifications and abilities of employees are relatively equal. The
County shall notify affected employees of a layoff at least thirty (30) calendar days in advance of the lay off.
B. Disciplinary discharge. Discharge for disciplinary reasons shall be governed by DCC Chapter 3.40-Discipline
and Discharge.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §l, 1981)
3.48.030. Loss of Longevity and Seniority.
A. An employee loses all longevity and seniority in the event o£
1. Voluntary termination for greater than three (3) months except under special circumstances as approved by
the County Administrator.
2. Discharge for cause.
3. A layoff period longer than eighteen (18) months.
4. Failure to report to work at the termination of a leave of absence.
5 Acceptance of other employment without permission of County while on a leave of absence.
6. Retirement.
B. Time off during a layoff period shall not count toward seniority or longevity accrual.
C. An employee shall not lose seniority with a department if the employee transfers from one division or position
to another division or position within the same department.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.48.040. Recall After Layoff.
If approval is given to rehire after a layoff, employees will be rehired in the inverse order of lay off; that is,
employees laid off last shall be called back first. Employees shall retain a right to recall for eighteen (18) months
from the effective date of a layoff. If employees are recalled from a layoff, the following recall procedures shall be
followed:
A. For layoffs of less than five (5) days, employees may be notified of recall in person or by telephone and shall
have until the next work day following the notification to report to work.
B. For layoffs of five (5) days to one month in duration, employees shall be notified of recall by first class mail
and by certified mail, return receipt requested, sent to the employee at the employee's last known address, and
the employee shall have seven (7) days from the date the certified notice of recall is mailed to report to work.
C. For layoffs longer than one month in duration, employees shall be notified of recall by first class mail and by
certified mail, return receipt requested, sent to the employee's last known address, and the employee shall have
fourteen (14) days from the date the certified notice of recall is mailed to report to work.
Employees are obligated to notify the Deschutes County Personnel Department in writing of any change of address
for the employee. Unless a longer period to report to work following a notice of recall is agreed to in writing by the
County, employees shall report to work within the applicable time period specified in section A, B or C above. If
an employee does not respond to a notice of recall within the applicable time period designated in this section, the
employee shall lose all recall rights.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.48.050. Death.
In the event of the death of a County employee, all wages and all eligible leave earned and unpaid to the employee
shall be paid to the employee's estate.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.48.060. Final Paycheck.
Final paychecks will be delivered to terminated employees in accordance with Oregon law. Employees shall be
paid for all eligible accrued and unused leave at the time of termination. Payment for any eligible accrued and
unused leave shall be paid with the employee's final paycheck and shall be paid at the employee's rate of pay in
effect at the time of termination.
(Ord. 2009-027, 1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981)
3.48.070. Exit Interviews.
A. Purpose.
The purpose of the exit interview is:
1. To gain insight into the effectiveness of County personnel and management practices, to determine where
personnel policies and procedures may be in need of review or revision, to determine whether supervisory
or managerial practices need review, modification or improvement, and to obtain other information which
could be of assistance to the County and the employee's department.
2. To provide the employee with information related to the employee's separation from employment with
County, including, but not limited to, information related to continuation of health benefits for the
employee and eligible dependants of the employee.
B. Conducting the exit interview. Unless waived by the County Administrator or refused by the employee, an
exit interview is to be conducted with every employee separating from a benefited County position, regardless
of length of service, position, or the circumstances of separation.
C. Responsibility of Personnel Department. Although departments may conduct interviews with terminating
employees, the Personnel Department shall conduct all County exit interviews. The Personnel Department
will analyze the results of each interview to determine how the information received may relate to current
personnel policies and procedures and whether any changes in County employment policies or procedures may
be needed or beneficial.
D. Timing of exit interview. The employee's department head is responsible for notifying the Personnel
Department as soon as the department head learns an employee is separating from County employment. The
Personnel Department will then schedule a time for the exit interview.
E. Forms and records. The results of exit interviews will be recorded on forms prescribed by the Personnel
Department. The record of the interview shall be maintained by the Personnel Department.
(Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)