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2010-2755-Minutes for Meeting July 14,2010 Recorded 7/26/2010DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL 111111111 IN 111111111111111 111 2010-2755 RECORDS Q 2010.2755 CLERK 07126/2010 08:44:31 AM Do not remove this page from original document. Deschutes County Clerk Certificate 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.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JULY 149 2010 Present were Commissioners Dennis R. Luke, Tammy Baney and Alan Unger. Also present were Dave Kanner, County Administrator; Ken Hales, Community Justice; Chris Bell, County Counsel; a representative of the media and four other citizens. Chair Luke opened the meeting at 1:30 p.m. 1. Before the Boards was a Step 4 Grievance Hearing as requested by AFSCME Local 3997. Dave Kanner gave an overview of the grievance, which has to do with Juvenile Community Justice employee Corey Wallace's layoff from the County. Because of the decline in funding and business, a pod was shut down in the Juvenile Community Justice Department, and five individuals consequently were laid off. Article 14 of the AFSCME contract lists seven factors to be used in the layoff process. Mr. Wallace was the fifth individual on the list. He grieved the layoff and has gone through three steps of the process. AFSCME filed a Step 4 grievance on his behalf, which is now before the Board. Kevin Hill, AFSCME union representative, stated that he wants to make it clear they are not disputing the need for the layoff, but he feels the lack of good faith in considering the relevant factors is at issue. They feel some things should be recalculated. They reviewed the nature of layoff language, and the goal is to leave the most skilled and most qualified people on the job. The process needs to somehow be able to differentiate when the job skills are very similar. If it is not to be based on seniority, there needs to be a common sense, good faith way to determine who is the most qualified person for the job. Minutes of Board of Commissioners' Work Session Wednesday, July 14, 2010 Page 1 of 6 Pages He mentioned Article 14 language and distributed a copy of the page for reference. He also referred to management rights, Article 3, which allows for some flexibility. The County feels that as long as some consideration is given towards the seven factors, the layoff is appropriate. Language indicates that the decision `shall' be made on this basis. Commissioner Baney said that she does not understand how he feels this was not applied. Mr. Hill stated that seniority will come into play if all other things are equal. There is a good faith standard in the application of the contract. Under layoff, it says that a good faith effort will be made to place the employee in another suitable position. He referred to the Preamble of the contract at this time, which he feels says that the best employees should remain in the event of a necessary layoff. Although the seven things in Article 14 are to be used to make a determination, in his view there are some particulars that are a problem. Credit should be given for college credits that are relevant to the work being performed. A post-secondary degree at the time of hiring is considered, but education after hiring should also be considered. In regard to experience, Mr. Wallace had a lot of on-call time. There is no more relevant experience than working with the clients. Commissioner Baney asked for the date of hire, not considering the on-call time. Mr. Wallace said it was March 2009, but he started on call in February 2007. Mr. Hill said the personnel manual does define on-call employees as not having regular hours. Regarding the evaluation period, there is a significant issue. He had been there for seven months. There was some concern that previous experience was not considered. The last issue is that of the training. Each employee in this matrix was given six points. By giving all of the people the same number of points, it does not take all into consideration. The skills also should be used in a day-to- day operation. All of the certifications are in the file. Mr. Kanner stated that the remedy requested was to recalculate the seven factors. He stated he asked some of the same questions and was satisfied with Ken Hale's answers. The weight placed on each factor is subject to only minimal review. He feels they were made in good faith. Minutes of Board of Commissioners' Work Session Wednesday, July 14, 2010 Page 2 of 6 Pages Ken Hales spoke about the training criteria. Part of what they had to do was to figure out how to put a value on something. There is no standardized way of doing some of this. He added that the contract is written so that to put in an order of layoff, they have to consider all issues in detail. The question would be how to variable the standard. They have to engage a process that is reliable and accountable. They cannot put value to six moths then nothing beyond that. Mr. Wallace said that Mr. Kanner and Mr. Hales spoke about this issue, and he is wondering what the results were. Mr. Kanner said his questions were basically about training and education. Mr. Hales stated that each was discussed carefully. They decided if something is reasonable and relates to the contract. They were to give a good faith effort in this regard. Commissioner Luke was advised who helped with this process. The scoring was done by supervisors who met with Personnel to examine every relevant file. Commissioner Baney stated that the largest category happens to be the training part. Mr. Hales stated that the point value is relative to the months of service. Commissioner Baney asked how important crossover training is. Mr. Hales said some of it is relatively straightforward, like doing an intake or working in the control room. Some things are not measurable or recordable, however. Commissioner Baney noted that perception is reality in some ways. She has an issue with one person being with the County since 2007 and another since 2005. Mr. Kanner stated that length of service is just one criterion of the seven. Mr. Kanner said the question is whether length of service is the only thing to consider. He said they try to be objective and total up the numbers. Mr. Wallace said that one person's on-call evaluations were not used. His scoring was multiplied by three. If someone had a bad evaluation, it would have been multiplied by three. Mr. Wallace stated that his on-call evaluations were not considered. Mr. Hill recognized that this is a challenging process. If there are four points for a BA degree, and a written reprimand, each has an impact on points. They did not consider these. Mr. Hill stated much is left up to perception and not all was considered. Minutes of Board of Commissioners' Work Session Wednesday, July 14, 2010 Page 3 of 6 Pages Mr. Wallace said that it would not have been hard to pull out his hours for the past. Mr. Hales said this was consistently done for all cases. Mr. Wallace said it does not refer to anything other than the last three performance evaluation. He has others in his file from before those. Mr. Kanner felt the process was followed as well as possible. Commissioner Luke asked if there are concerns about how others were, evaluated. Commissioner Unger said that they need to look at each category to make sure all are considered. Mr. Hill said they struggled with the ambiguous language, and how to come to a remedy without dictating terms and conditions regarding the value of each item. It is the purview of the County to decide what is relevant. They would like consideration given for previous years' training and experience. The college degree should be relevant, even if it was prior to being hired. They feel that there should be some accounting for the on-call work. They would like to see the previous three evaluations considered as well, not just the latest ones. Mr. Kanner said that AFSCME is asserting that factors be determined in a certain way, and this would establish contract rights that do not exist at this time. This is not the time to establish those. The contract does not say that the County `should' do certain things. It says that it `shall'. The contract does not say what weighting is appropriate. This is an attempt to create contractual rights through a grievance process. They did adhere to the contract. At no point has AFSCME indicated that the seven factors were not considered. Therefore, the grievance should be denied. Mr. Hales had nothing to add. Commissioner Unger does not want to second-guess this decision-making process. He did not hear that the County does not have discretion to weight the criteria. That should be part of the contract when it is negotiated again. He supports the decision. He suggested that with his experience, Mr. Wallace could look at a position in law enforcement or others. Commissioner Baney stated that the consideration of training is a factor. When people take on added training, they are bettering themselves, but she cannot differentiate between one employee and another and what that brings to the workplace. They have to be as cautious about considering training as they would with any other factor. It appears that the training was considered within a level playing field. She feels it was considered, but they opted to not take it in fully. Minutes of Board of Commissioners' Work Session Wednesday, July 14, 2010 Page 4 of 6 Pages Commissioner Luke feels that the County acted fairly and the criteria was applied evenly across the board. He feels the college degree should be in a relevant area. Some courses are necessary, but college teaches people how to learn. While it is relevant in certain fields, in this case on the job training is more important. He does not feel that in some cases the degree is that relevant. The evaluations and being in on time is important. There have to be some limits and a standard to follow. Accounting for on-call does not apply to everyone. Not everyone has had that history, or perhaps he or she could have had similar work experience somewhere else. Commissioner Luke stated that in regard to relevant training, most seems to be done in-house for this position. Community Development inspectors are required to have a certain number of hours. If there is no standard set regarding the number of hours, it is hard to make a decision on that basis. He feels management did the best possible job, and he and will not support reversing the decision. Commissioner Baney said that in looking at the criteria, there is vague language. For the Board to try to make those changes outside of contract negotiations is not proper. There may be things that need to be remedied or clarified, but this is not the time to do that. She feels the decision was proper. BANEY: Move that the grievance be denied. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 2. Update of Commissioners' Meetings and Schedules. Commissioner Baney is meeting with Forest Service representatives tomorrow. Commissioner Unger stated that the State destination resort work group will be in the area on Friday to tour various locations. Commissioner Unger will be at a Forest Service water conference early next week. Minutes of Board of Commissioners' Work Session Wednesday, July 14, 2010 Page 5 of 6 Pages 3. Other Items. Mr. Kanner said that there was a request from a person to `attend' a Board hearing via conference call. This is problematic for a number of reasons. He feels she should submit written testimony, and perhaps the hearing could be left open so she can obtain an audio recording and respond to it. It depends on what the timing is for a decision. Commissioner Unger said this should be spelled out somehow. Mr. Kanner stated that it appears that no other counties appear to do this, either. Commissioner Unger added that perhaps someone could speak for her at the meeting. It was decided that she could send in written testimony to allow standing and the hearing could be left open for a while if the timing allows so that she can respond in writing. Being no further items addressed, the meeting adjourned at 3:05 p. m. DATED this 14th Day of July 2010 for the Deschutes County Board of Commissioners. ~enis R. Luke, C air oet" Al Unger, Vice Chair ATTEST: Tammy Baney, Co issioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, July 14, 2010 Page 6 of 6 Pages S O N N L J ~ ' 0 ~ J A 'ca KI V ~ E . 11~ S a c. ` L IVI s ~ ~ t ~ C" N N [[~~~xx .0 4 Y ~ ~ a °J C J ~4J ~ `o to a ~ Z a d _ h v v. ~ - J Z 2 Olc ~ a Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, JULY 149 2010 1. A Hearing requested by AFSCME Local 3997 regarding a Step 4 Grievance 2. Update of Commissioners' Meetings and Schedules 3. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. ~J-rES lu 0 A, e Department of Administrative Services Dave Kanner, County Administrator 1300 NW Wall St, Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 www.co.deschutes.onus July 7, 2010 TO: Board of Commissioners FROM: Dave Kanner RE: Step 4 grievance from Corey Wallace The agenda for your July 14 work session includes a hearing on a step 4 grievance filed by AFSCME on behalf of Corey Wallace, a community justice specialist I who was laid off when the County closed one of the three active pods at the juvenile detention center. At the heart of Mr. Wallace's grievance is the argument that the County must do more than simply consider the factors contained in Article 14 of the collective bargaining agreement, but must give greater weight to certain factors than others and must consider certain factors in specific ways. The contract itself does not assign any particular weight to these factors and does not require such weighing and I denied the grievance at step 3. Additional background information regarding this grievance will be distributed to you under separate cover. Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner an unanticipated business need, vacancies may be posted for fewer than seven (7) calendar days. Whenever possible, job announcements for such vacancies shall be sent to each department for posting for no less than ten (10) days. Section 2 The decision to hire, transfer, assign and promote employees shall be based on skill, ability, qualifications, recency of experience, training, length of service and work record. In recognition of seniority, the senior employee shall have preference if all the foregoing factors are equal in the sole judgment of the County. Section 3 Department employees who apply for a position opening within their department shall be entitled to an interview provided they meet the minimum job qualifications as determined by the department head, and have an overall rating of at least "Effective - Meets Standards" on the employee's most recent performance evaluation. Section 4 County employees who apply for a position and do not receive it, shall be given the reason for their non- selection should the employee request a reason. ARTICLE 14 - ASSIGNMENT OF PERSONNEL Section 1 The decision to hire, transfer, assign, promote and layoff employees shall be based on skill, ability, qualifications, recency of experience, training, length of service and work record.. In recognition of length of service, the senior employee shall have preference if all the foregoing factors are equal in the sole judgment of the County. The County shall make every effort to transfer laid off employees into any vacant position for which they are qualified. Employees shall be notified of layoff at least thirty days in advance of lay off. Section 2 - Recall Employees shall be eligible for recall for a period of eighteen (18) months. Employees shall be notified of recall in writing, and shall have ten (10) calendar days in which to respond. The County will make every effort to place laid off employees in any other position for which they are qualified. ARTICLE 15 - PERFORMANCE EVALUATIONS Section 1 Each employee shall receive a performance evaluation prepared by his/her immediate supervisor or department head at least annually according to the time lines in Article 8, Section 3(B) of this Agreement. The rater shall discuss the performance evaluation with the employee. The employee shall have the opportunity to provide his/her comments to be attached to the performance evaluation. The employee shall sign the performance evaluation and that signature shall only indicate that the employee has read the performance evaluation. A copy of the performance evaluation shall be provided to the employee at the time of the evaluation. Section 2 Classification specifications shall be provided to the employee upon hiring and annually at the time of the employee's performance evaluation. 9 G Section 5 The County agrees to deduct monthly membership dues from the pay of those individuals who request deductions in writing. The amount to be deducted shall be certified to the County by the treasurer of the Union, and the aggregate deduction shall be remitted monthly, together with an itemized statement, to the treasurer of the Union. Section b The County shall furnish to the Union, monthly, a list of the names, classifications and home addresses of new employees in the bargaining unit. The County shall furnish the Union with a monthly listing of employees who have terminated from the bargaining unit during the pervious month. Section 7 Upon request and approval the Union shall be allowed the use of meeting rooms of the County for meetings when such meeting rooms are available and the meeting would not interfere with the business of the County. Section 8 The County agrees to inform all new bargaining unit employees of the Union's exclusive representation status and shall provide all employees with a copy of the Agreement. ARTICLE 3 -MANAGEMENT RIGHTS In order to operate its business, the County, in its sole discretion, retains and shall have the following exclusive rights: to determine the number, location and type of facilities; to determine the type and/or quality of services rendered; to determine the methods, techniques and equipment utilized; to hire, supervise, evaluate, discipline, discharge, promote, demote, lay off, transfer and recall the work force; to assign work and- change, combine, create or abolish job classifications and job content; to establish and make known reasonable work rules and safety rules for all employees, to contract; and to determine the number of employees, including the number of employees assigned to any particular operation or shift. Any of the rights, powers, authority and functions the County had prior to the negotiation of this Agreement are retained by the County and the expressed provisions of this Agreement constitute the only limitations on the County's right to manage its business. The County not exercising rights, powers, authority and functions reserved to it, or its exercising them in a particular way, shall not be deemed a waiver of said rights, powers, authority and functions or of its right to exercise them in some other way not in conflict with a specific provision of this Agreement. All other traditional rights of management are also expressly reserved to the County and the express provisions of this Agreement constitute the only limitations upon the County's right to manage its business. ARTICLE 4 - NON-DISCRIMINATION Section I Deschutes County and the Union agree not to discriminate against any employee because of race, color, sex, age, national origin, marital status, religion, political affiliation, physical or mental disability, union membership or non-membership. Section 2 The terms of this Agreement shall be applied equally to all members of the bargaining unit. 2 C-7 ) PREAMBLE This Agreement is made and entered into by and between Deschutes County (hereinafter the County) and the American Federation of State, County and Municipal Employees Council 75, (hereinafter the Union) for the purpose of fixing wages, hours, benefits, and mandatory conditions of employment and other matters affecting members of the bargaining unit as certified by the Employment Relations Board. It is also the purpose of this agreement to promote the mutual interests of County and its employees and to provide for the operation of the County's business under methods which will further, to the fullest extent possible, the safety of the employees, economy and efficiency of operation, elimination of waste, realization of maximum quantity and quality of output, cleanliness, protection of property and avoidance of interruptions to production. The parties will cooperate fully to secure the advancement and achievement of these purposes. ARTICLE 1-- RECOGNITION Section 1 Deschutes County recognizes the Union as the sole and exclusive bargaining agent for all employees of Deschutes County excluding supervisory and confidential employees, temporary employees, employees who work less than half-time, employees included in other bargaining units, sworn personnel employed by the Deschutes County Sheriff and Deputy District Attorneys. For the purposes of the Collective Bargaining Agreement between the parties, employees of the OSU Extension Service shall be considered employees of Deschutes County and all terms and conditions of this Agreement shall apply. Section 2 If the County establishes a new classification included in the bargaining unit or reclassifies an existing bargaining unit position, the County shall notify the Union in writing in a timely manner. ARTICLE 2 -UNION SECURITY Section 1 The Union shall notify the County in writing of its staff representative of the Local, Council 75, or International, American Federation of State, County and Municipal Employees, AFL-CIO. Upon proper introduction and notice, the representative shall have reasonable access to the premise of the County during all working hours to conduct Union business. These representatives shall observe any security regulations of the County. Such visits are not to interfere with the normal flow of work. Section 2 Unless otherwise provided in the Agreement, the internal business of the Union shall be conducted by the employees during non-duty time. Section 3 The Union shall notify the County of the selection of the Stewards and their alternates. Section 4 The County agrees to provide bulletin board space for each department to be used exclusively by the Union for the posting of official Union notices. The Union agrees that it will not post material that is profane, obscene or defamatory of the County. I t0 -11(410 owi we_vt V-Vj off.. Lc~ Cz~rvec~~- L~ not ScJr-i,~"~ oL-J-+ 1-toLJ Ck- nzt EMPLOYEE RANKING FORM Employee Score Ranlc - Skill score* Eval 1 Eval 2 Eva[ 3 Total Average x 3 Factor score Work judgment Job skill level Quality of work Knowledge of work Skill score Ability* Eval 1 Eval 2 Eval 3 Total Average x 3 Factor score Accepts responsibility Accepts direction Accepts change Effectiveness/stress Ability score Qualifications no yes Factor score Associates degree 0 2 Bachelors degree 0 4 Qualifications score Recency of Experience: No. months experience 112 Recency score Training Training score 6 Length of service No. cont. 12 months F Length of service score Work record Eval 1 Evai 2 Eval 3 Total Average x 3 Factor score Overall eval rating* No. written reprimands x -10 Number suspensions X -20 Work record score * Rating values: not satisfactory -1; needs improvement 0; effective-meets standardl; exceeds standard 2.