2010-2629-Minutes for Meeting May 12,2010 Recorded 6/8/2010COUNTY
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orm
MINUTES OF SPECIAL MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MAY 129 2010
Present were Commissioners Dennis R. Luke, Tammy Baney and Alan Unger,
convened as the Governing Body of the 911 County Service District. Also present
were Dave Kanner, County Administrator; Andy Jordan, Interim 911 Director;
Mark Pilliod, County Counsel; Erik Kropp, Deputy County Administrator; Becky
McDonald, former Director of the 911 County Service District; media
representatives from KTVZ TV and the Bulletin; and one other citizen.
The meeting was held to conduct Board deliberations on an appeal of disciplinary
action taken by the 911 County Service District Executive Board against Director
Becky McDonald, resulting in a hearing that took place on Tuesday, May 4, 2010.
Chair Luke opened the meeting at 9:15 a. m.
Mark Pilliod said that following last week's hearing, the parties through their legal
counsel negotiated a separation agreement. The general terms are that the decision
of this Board is to rescind the E-Board's decision and allow Ms. McDonald to
resign.
The County has determined that a part-time, term limited position with the Parole
& Probation Department is available and is not being created for this situation.
The position requires a variety of tasks that fit Ms. McDonald's skills, and is a
vacant position that was discussed some time ago. Consensus is that she is very
qualified for this position. Ms. McDonald already spoke with the Director, Ken
Hales, and reports are that this is a good fit.
Other terms of the agreement include mutual releases, none of which put the
District at any legal disadvantage. There is standard language included as well.
The agreement includes a specific letter addressed to the Department of Police
Standards and Training, to be signed by the Deschutes County Board. The other
terms and conditions are not unique for this situation.
Minutes of Board of Commissioners' Special Meeting Wednesday, May 12, 2010
Page 1 of 2 Pages
Commissioner Baney asked if the letter and agreement are acceptable to Ms.
McDonald. Katherine Tank, legal counsel for Ms. McDonald, said that the letter
and agreement are acceptable.
BANEY: Move that the County Administrator and the Interim Director of the
911 County Service District sign the letter to DPSST and the
separation agreement as presented.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Commissioner Baney indicated that everyone makes mistakes, and she is glad this
situation was resolved in this manner.
Commissioner Unger stated that he would like to talk about next steps in regard to
how similar situations might be handled in the future.
Mr. Pilliod said that the Executive Board will review this and meet with the Board
of Commissioners to discuss it sometime in the future.
(Copies of the letter of determination to Ms. McDonald from the 911 County
Service District Board, and the agreement, are attached for reference)
There being no further business, Commissioner Luke adjourned the meeting
at 9:30 a. m.
DATED this 11th Day of May 2010 for the Deschutes County Board of
Commissioners, Acting as the Governing Body of the 911 County Service
District.
Dennis R. Luke, Chair
ATTEST:
qkut,4,~ 54bR-
Recording Secretary
O
Alan Unger, Vice Chair
Tammy, aney, Com issioner
Minutes of Board of Commissioners' Special Meeting Wednesday, May 12, 2010
Page 2 of 2 Pages
Deschutes
Oregon Department of Public Safety Standards and Training
Attention: Certification Unit
4190 Aumsville Highway
Salem, Oregon 97317
Re: Rebekah McDonald
Dear Sir or Madam:
Oregon • 97701
This letter concerns Rebekah McDonald and her telecommunicator certification.
We understand that as a consequence of a report filed by the Deschutes County 911
Service District (DC 911) indicating Ms. McDonald was terminated for cause, your
agency has initiated an investigation for purposes of determining whether sufficient
cause exists to revoke her certification.
At the conclusion of a due process hearing on April 6, the DC 911 Executive
Board issued to Ms. McDonald a notice of termination, which prompted notification to
your agency. However, pursuant to applicable policies, Ms. McDonald appealed the
decision of the Executive Board to the DC 911 governing body. The members of that
body are signatories to this letter.
Having conducted an appeal hearing concerning Ms. McDonald's termination, we
believe Ms McDonald should be permitted to retain her certification. While the DC 911
Executive Board fulfilled its responsibilities in providing a due process hearing and
properly determined that cause for some discipline was appropriate, the record
presented to the governing body does not contain substantial evidence to demonstrate
that the Executive Board considered the principal of progressive discipline. In short, the
Executive Board appears from the record not to have considered whether some form of
discipline less than termination was appropriate.
Deschutes County policy (applicable in addition to DC policies) provides in part:
"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."
Emergency Dial 9-1-1
Oregon DPSST,
Attention: Certification Unit
Page 2, May 12, 2010
Re: Rebekah McDonald
Rather than remand the matter to the Executive Board to fulfill this aspect of their
review, we as members of the governing body feel it would be more expedient to
undertake this task. Having reviewed the record of the Executive Board's proceedings
and conducted a hearing, we have decided to rescind the termination imposed by the
Executive Board and accept Ms. McDonald's resignation without imposing any form of
discipline. We do so for the following reasons.
Ms. McDonald has been an exemplary employee of DC 911 for over 15 years.
Her record demonstrates impeccable service to the public, starting in 1995 as an entry
level dispatcher and over time advancing to supervisory roles and ultimately to the
position as director. As director she can be given credit for assisting in the design of a
new facility presently under construction, for work on selecting a new Radio Dispatch
System, for assisting in implementing a new Records Management System and for
significantly reducing the personnel turnover rate in the District.
When we balance the valuable public service Ms. McDonald has provided over
an extensive period of time against her recent mistakes which form the basis of the
Executive Board's decision, we believe that these events do not warrant her being
permanently deprived of her certification. We strongly urge this agency to take this into
consideration as part of its current investigation of Ms. McDonald.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
GOVERNING BODY OF THE DESCHUTES COUNTY
911 SERVICE DISTRICT
DE IS R. LUKE, Chair
Cd a,,
btVtjbt--
ALAN UNGER, Vice Chair
TAMMY BANEY, Commissioner
ATTEST:
Recording Secretary
SEPARATION AGREEMENT AND RELEASE OF CLAIMS
This Separation Agreement and Release of Claims ("Agreement") is entered into by and between
Deschutes District 911 Service District (hereinafter referred to as "District") and Rebekah McDonald
(hereinafter referred to as " Employee"),
RECITALS
WHEREAS, District and Employee have agreed to a separation of Employee's employment
with District and wish to formalize an Agreement regarding the terms of Employee's separation from
District and to fully and finally settle and compromise any and all claims, differences and potential
claims or causes of action between them arising out of or in any way related to Employee's
employment with District and/or Employee's separation from employment with District;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein,
the parties agree as follows:
AGREEMENT
1. Recitals. The recitals set forth above are contractual and incorporated herein by
reference.
2. Resignation. The parties agree that Employee's prior termination from employment by the
District effective April 6, 2010, is hereby rescinded, and that Employee's execution of this Agreement
shall constitute Employee's resignation from employment with District. Employee's resignation is
effective as of April 6, 2010. Employee's separation from employment shall be in accordance with the
terms of this Agreement. The parties acknowledge that District has paid to Employee all wages
earned and unpaid and all accrued but unused vacation leave, sick leave and/or time management
leave due and owing to Employee as of the effective date of her resignation.
3. Release.
a. In consideration of the foregoing terms given and concessions made by District to or on
behalf of Employee as set forth in this Agreement, Employee, for herself, and for her heirs, executors,
administrators, successors and assigns (hereinafter individually and collectively referred to as
"Employee"), hereby releases, acquits and forever discharges District, each and every user agency
which forms a part of District and each of its current and former elected officials, officers, agents and
employees if acting in the performance of duty and not amounting to malfeasance in office or willful or
wanton neglect of duty, and each of their respective heirs, executors, administrators, successors and
assigns, and all other persons or entities claimed to be liable or who may be liable (hereinafter
referred to individually and collectively as "District"), from any and all claims, demands, grievances,
appeals, damages, costs, attorney fees, suits, actions or causes of action, of every kind or nature,
known or unknown, anticipated or unanticipated, arising out of or in any way related to McDonald's
employment with District and/or Employee's resignation of employment by District, but excluding any
statutory right to defense, indemnity or the like. This release covers and includes, but is not limited to,
any and all claims made or which could be made under any, some, or all of the following: (a) Title VII
of the Civil Rights Act of 1964 as amended; (b) The Age Discrimination in Employment Act; (c) The
Americans with Disabilities Act; (d) The Employment Retirement and Income Security Act; (e) 42
U.S.C. §1983; (f) State of Oregon Anti-Discrimination Statutes; (g) The Family Medical Leave Act
and/or the Oregon Family Leave Act; (h) The Oregon Constitution; (i) The United States Constitution;
and/or 0) any other federal, state or local statute, common law, ordinance or other legal authority.
PAGE 1 of 6 - SEPARATION AGREEMENT AND RELEASE
b. In consideration of the foregoing District hereby releases, acquits and forever
discharges Employee from any and all claims, demands, grievances, damages, costs, attorney fees,
suits, actions or causes of action, of every kind or nature, known or unknown, anticipated or
unanticipated, arising out of or in anyway related to Employee's employment with District and/or
Employee's separation of employment from District. This release shall be broadly construed to
include any federal, state or local statute, common law, ordinance or other legal authority.
4. Waiver of Right to Reinstatement or Reemployment In further consideration of the
concessions made by District to or on behalf of Employee, Employee hereby waives, releases and
relinquishes any and all rights to reinstatement, rights to reemployment, rights to be hired, rights to be
rehired and/or rights to be transferred to another position with District as may otherwise exist at any
time on, before, or after the date Employee signs this Agreement. Except as otherwise prohibited by
law, District may refuse to consider future applications for employment or a contractual position with the
District based upon this Agreement.
5. Employment by Deschutes County Deschutes County has offered and Employee has
accepted a part-time (0.5 FTE) employment position as an administrative analyst (Step 3,
$28.1753/hour) with the Department of Community Justice. A job description, including the principal
duties and responsibilities of such position is set forth on Exhibit A, attached hereto and incorporated
by reference. Employment in such position shall begin on June 1, 2010. The position is of limited
duration and continuation beyond June 2011 is subject to an annual appropriation process. There is
no guarantee the position will be funded past June 30, 2011. Employee will be treated for purposes of
longevity compensation and time management leave accrual as a 15-year employee in view of her
having been employed by District for 15 years. However, Employee understands that she would have
no seniority; would be required to satisfactorily complete a probationary term of 12 consecutive
months; would be subject to County's personnel rules and policies and the policies of the Department
of Community Justice; and, with the exception of health insurance, would be entitled to benefits
otherwise extended to part-time County employees. Through the month of June, 2011 and so long as
Employee remains a part-time County employee, Employee will receive health insurance benefits
which are provided to regular full-time County employees, subject to the same employee
contributions, deductibles and out-of-pocket expenses as regular full-time County employees.
6. Return of District Property Upon signing this Agreement, to the extent she previously
has not done so, Employee shall tender to the Interim Director of the District all keys, access cards,
records of combinations and passwords and all other property of District which Employee has in her
possession.
7._ Warranty of No Other Claims or lawsuits
a. Except for the appeal of her dismissal, Employee represents and warrants that, Employee
has not filed or initiated and further covenants and promises not to file, initiate, prosecute or hereafter
maintain any claim, charge, grievance, lawsuit, administrative proceeding or any other proceeding of any
kind or nature whatsoever against District or any other person or entity released under this Agreement,
arising out of or in any way related to Employee's employment with District and/or Employee's separation
from employment with District.
b. The District represents and warrants that it has not filed or initiated and further covenants
and promises not to file, initiate, prosecute or hereafter maintain any claim, charge, grievance, lawsuit,
administrative proceeding or any other proceeding of any kind or nature whatsoever against Employee or
any other person or entity released under this Agreement, arising out of or in any way related to
Employee's employment with District and/or Employee's separation from employment with District.
PAGE 2 of 6 - SEPARATION AGREEMENT AND RELEASE
8. No Admission of Llabfllty. It is understood and agreed that this Agreement is part of a
settlement and compromise of disputed claims or potential claims. The execution of this Agreement
and/or any payments made or other consideration given to or on behalf of Employee shall not be
construed or deemed to be an admission of liability by any of the persons or entities released by this
Agreement, each of whom expressly denies liability to Employee, the District or to any other person or
entity for any claims and/or potential claims which are the subject of this Agreement.
9. Consultation with Counsel. The parties acknowledge that they have each consulted with
their own legal counsel before signing this Agreement.
10. No Representations. Employee acknowledges and agrees that no representations have
been made to her by District regarding the nature or extent of her damage, loss or injury, if any,
regarding the effect of this Agreement or regarding the nature or extent of the legal liability or financial
responsibility of any of the parties released by this Agreement.
11. Severability. Should any provision or provisions of this Agreement be construed by a court
of competent jurisdiction to be void, invalid or unenforceable, such construction shall affect only the
provision or provisions so construed, and shall not affect, impair or invalidate any of the other provisions of
this Agreement which shall remain in full force and effect.
12. Headings. The headings of this Agreement are for convenience only and shall not be used
to construe or interpret any provision or provisions of this Agreement.
13. Binding Effect. All terms, provisions and conditions of this Agreement shall be binding upon
and inure to the benefit of the parties and to their respective heirs, executors, administrators, agents,
representatives, successors and assigns.
14. Governing Law. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Oregon.
15. Reference.
a. District's governing body will execute a letter addressed to the Department of Public
Safety Standards and Training (DPSST) in substantially the form shown on Exhibit B, attached hereto and
incorporated by reference. District will cooperate with DPSST in any investigation or other proceeding
relative to Employee's DPSST certification. District offers no assurance that District's actions will result in
favorable recommendation (s) or decision(s) by DPSST relative to Employee's certification.
b. In addition, the District shall represent to all inquiring prospective employers that
Employee resigned from her employment with the District, and shall otherwise only disclose the date(s) of
employment and position(s) held.
16. Entire Agreement. This Agreement constitutes the entire Agreement between the parties
concerning the subject matter hereof and supersedes any and all prior or contemporaneous negotiations
and/or Agreements between the parties, whether written or oral, concerning the subject matter of this
PAGE 3 of 6 - SEPARATION AGREEMENT AND RELEASE
Agreement which are not fully expressed herein. This Agreement may not be modified or amended except
by a writing signed by all parties to this Agreement.
BY SIGNING BELOW, EMPLOYEE ACKNOWLEDGES THAT SHE HAS READ THIS
SEPARATION AGREEMENT AND RELEASE OF CLAIMS, THAT SHE UNDERSTANDS AND
AGREES TO ITS TERMS AND THE CONSEQUENCES AND THAT SHE HAS VOLUNTARILY
SIGNED THIS AGREEMENT.
DATED this J L day of , 2010
Rebekah McDonald
-r'
DATED this (Rday of 2010 DESCHUTES COUNTY 911 SERVICE DISTRICT
BY:
Interim e r
DATED this I)\ day of 0A t , 2010 DES HUTES
COUNTY, OREGON
B Y:
County Adminis i ator
PAGE 4 of 6 - SEPARATION AGREEMENT AND RELEASE
EXHIBIT A
[ADMINISTRATIVE ANALYST JOB DESCRIPTION]
PAGE 5 Of 6 - SEPARATION AGREEMENT AND RELEASE
Deschutes County Position Description
POSITION: ADMINISTRA'T'IVE ANALYST
(PART-TIME, TEMPORARY)
DEPARTMENT:
REPORTS TO:
VARIOUS
DIRECTOR
SUMMARY
JOB CODE: 1817
FLSA: EXEMPT
PAY GRADE:
Analyzes budget, financial, and operating information, systems, methods, and procedures to
produce performance reports, administer operating budgets or grants, conduct special studies, and
improve office efficiency.
NATURE AND SCOPE
This is a professional position independently performing research and analytical activities
impacting the efficiency of operations for the organization or function within. Position is
expected to apply specialized knowledge of finance or business systems to study and solve
complex technical and tactical problems supporting financial and operating decisions and
systems. Position is required to work with all levels of staff in a specific organization unit and on
occasion, with other organization units and external agencies and customers. Work is performed
in an office environment with little or no exposure to health and safety considerations.
DISTINGUISHING CHARACTERISTICS
To qualify as an Administrative Analyst, incumbents must meet the minimum education and
experience requirements and worked in a budget, financial, cost accounting, grants
administration, or business systems area. Incumbents must demonstrate the ability to flow chart
work processes and develop procedural documentation; design, develop, and maintain double
entry accounting systems; evaluate forms, work processes and procedures; and conduct
performance audits. To qualify for the position of Management Analyst, incumbents must have a
minimum of 3 years experience as an Administrative Analyst, Financial Analyst, Methods
Analyst, or the equivalent in a project or consulting environment that enables work to be done in
multiple departments.
ESSEN'T'IAL RESPONSIBILITIES
• Analyzes business or operating procedures to design and develop the most efficient methods
of accomplishing work. This involves the studying of work problems and procedures such as
communications, information flow, work production methods, work integration, inventory
control, or cost analysis.
ADMINISTRATIVE ANALYST (Exhibit A - Rebekah McDonald Separation Agreement)
• Gathers and organizes information on problems, methods, and procedures; analyzes data
gathered; considers available and alternate solutions and methods of proceeding; organizes
and documents findings, recommendations, and action plans; orients staff to results or
changes; may install new systems, methods, and procedures.
• Develops and updates functional or operating manuals outlining established methods of
performing work in accordance with organizational policy.
• Develops business reports that inform staff members of organizational performance
outcomes; continually evaluates the usefulness of existing business reports.
• Researches and develops forms, format usage, and related workflow to maximize efficiency in
the movement of documents through the organization. Trains staff in the using of forms and
related procedures.
• Coordinates or prepares periodic operating, regulatory, and project-related reports.
• Participates in studies and conducts financial feasibility reviews of fees and rates for service
provided, project and equipment costs, and financial aspects of departmental projects.
• Participates in the development of standard costs for providing set-vices. Uses standard costs
to project trends in service.
• Conducts research and statistical analysis ofinformation affecting the assignment. Research
may be financial, economic, demographic, or production-related.
• Performs other related duties as necessary to cant' out the objectives of the position.
MORE SPECIFICALLY THE ADMINISTRATIVE ANALYST DUTIES INCLUDE, BUT
MAY NOT BE LIMITED TO:
1. Policy development and compliance audits
a. Responsible to set up audit methodology and do audits of adult field service
and juvenile detention manuals.
b. Assist director in facilitating juvenile detention center policy and procedure
manual development.
C. Edit policy drafts
d. Determine if statements conform to national standards.
2. Fiscal management, analysis and reporting
a. Develop and maintain fiscal reports
b. Do analysis and projections
c. Coordinate RFPs and service or contact procurement over $25,000
ADMINISTRATIVE ANALYST (Exhibit A - Rebekah McDonald Separation Agreement) 2
Grant and contract management
a, Develop and submit grant request and manage grant reporting
b. Set up process for formalizing approval of domestic violence treatment
providers
c. Monitor treatment provider compliance with service requirements
d. Monitor compliance and performance of M57 treatment provider contract
4. Program research and analysis
a. Do performance reports
b. Research data from adult and juvenile information systems
Accreditation manager
a. Manage ACA accreditation process
b. Prepare accreditation files
c. Do mock audits
d. Train staff on accreditation process
e. Manage accreditation contracts
QUALIFICATIONS
➢ Knowledge and Skills. Thorough specialized knowledge in the principles of financial,
statistical, procedural, and methods analysis, sufficient to independently design, develop
and carry out a variety of projects dealing with financial and management systems, Well-
developed writing skills to prepare complex project reports and technical and procedural
documentation. Well-developed human relations skills to communicate technical
concepts to others, employee lines of inquiry, and conduct in-service presentations.
Experience and Training. Incumbents typically have a bachelor's degree in accounting,
finance, or business and have 2 years of experience in financial, quantitative, or methods
analysis.
y Abilities. Ability to organize, execute and document multi-dimensional projects. Ability
to use standard office equipment, including PC-based keyboards, spreadsheets, databases,
and presentation graphics. Ordinary ambulatory skills,
ADMINISTRATIVE ANALYST (Exhibit A - Rebekah McDonald Separation Agreement)
EXHIBIT B
[LETTER FROM BOARD TO DPSST]
PAGE 6 Of 6 - SEPARATION AGREEMENT AND RELEASE
911 Service District Stationary
May 12, 2010
Oregon Department of Public Safety Standards and Training
4190 Aumsville Highway
Salem, Oregon 97317
Re: Rebekah McDonald
Dear
This letter concerns Rebekah McDonald and her telecommunicator certification. We
understand that as a consequence of a report filed by the Deschutes County 911
Service District (DC 911) indicating Ms. McDonald was terminated for cause, your
agency has initiated an investigation for purposes of determining whether sufficient
cause exists to revoke her certification.
At the conclusion of a due process hearing on April 6, the DC 911 Executive Board
issued to Ms. McDonald a notice of termination, which prompted notification to your
agency. However, pursuant to applicable policies, Ms. McDonald appealed the decision
of the Executive Board to the DC 911 governing body. The members of that body are
signatories to this letter.
Having conducted an appeal hearing concerning Ms. McDonald's termination, we
believe Ms McDonald should be permitted to retain her certification. While the DC 911
Executive Board fulfilled its responsibilities in providing a due process hearing and
properly determined that cause for some discipline was appropriate, the record
presented to the governing body does not contain substantial evidence to demonstrate
that the Executive Board considered the principal of progressive discipline. In short, the
Executive Board appears from the record not to have considered whether some form of
discipline less than termination was appropriate.
Deschutes County policy (applicable in addition to DC policies) provides in part:
"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."
Rather than remand the matter to the Executive Board to fulfill this aspect of their review,
we as members of the governing body feel it would be more expedient to undertake this
task. Having reviewed the record of the Executive Board's proceedings and conducted a
hearing, we have decided to rescind the termination imposed by the Executive Board
EXHIBIT
Oregon Department of Public Safety Standards and Training
Page 2, May 12, 2010
Re: Rebekah McDonald
and accept Ms. McDonald's resignation without imposing any form of discipline. We do
so for the following reasons.
Ms. McDonald has been an exemplary employee of DC 911 for over 15 years. Her
record demonstrates impeccable service to the public, starting in 1995 as an entry level
dispatcher and over time advancing to supervisory roles and ultimately to the position as
director. As director she can be given credit for assisting in the design of a new facility
presently under construction, for work on selecting a new Radio Dispatch System, for
assisting in implementing a new Records Management System and for significantly
reducing the personnel turnover rate in the District.
When we balance the valuable public service Ms. McDonald has provided over an
extensive period of time against her recent mistakes which form the basis of the
Executive Board's decision, we believe that these events do not warrant her being
permanently deprived of her certification. We strongly urge this agency to take this into
consideration as part of its current investigation of Ms. McDonald.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
GOVERNING BODY OF TIIE DESCHUTES
COUNTY 911 SERVICE DISTRICT
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
TAMMY BANEY, Commissioner