Loading...
2010-2629-Minutes for Meeting May 12,2010 Recorded 6/8/2010COUNTY NANCYUBLANKENSHIP,FCOUNTY CLERKS vu ~0+~~~~~~+ COMMISSIONERS' JOURNAL 06/08/2010 08;31;09 AM VIII II IIIIIIIII~IIIIIIIIII III 201 -21120 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded at the request of [give reason] previously recorded in Book _ or as Fee Number to correct and Page 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