2013-1187-Minutes for Meeting September 16,2013 Recorded 10/2/2013COUNTY OFFICIAL
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COMMISSIONERS' JOURNAL
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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
MONDAY, SEPTEMBER 16, 2013
Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone.
Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administrator; and, for a portion of the meeting, Judith Ure,
Administration; Mark Pilliod, County Counsel; Wayne Lowry and Christine
Partain, Finance; Beth Raguine, Health Services; and Nick Lelack, Community
Development. No representatives of the media were present.
Chair Unger opened the meeting at 1:30 p.m.
1. Discussion of Addition to Fee Schedule.
Beth Raguine gave an overview of the item, which involves one patient and one
procedure; however, the fee for this procedure needs to be added to the current
fee schedule for billing purposes. They set the fee at the Medicaid
reimbursement rate plus a fee for the doctor who performed the procedure.
Chair Unger asked if there is another way to charge for items such as this,
which are not specifically included on the fee schedule. Tom Anderson said
Community Development had a miscellaneous fee for unusual items, and
perhaps it could be set up as an hourly rate. Ms. Raguine stated that using an
hourly rate could be difficult, depending upon who is doing the procedure or
test.
Christine Partain said perhaps this could be set up at the Medicaid rate plus the
actual cost of service. There is already a provision that any new State-required.
changes can be adopted administratively.
The Board is supportive of moving forward with a way to simplify the process
for these rare situations.
Minutes of Board of Commissioners' Work Session Monday, September 16, 2013
Page 1 of 6
2. Discussion of and Direction for the Recruitment Process for County Legal
Counsel Position.
Erik Kropp asked the Board for ideas on how it wants to handle the recruitment.
Mark Pilliod has reviewed the process thus far, and it reflects changes he
recommends. Mr. Kropp suggested that specific dates be blocked off for
interviews, and this would be a part of the advertisement so applicants can plan
accordingly.
Commissioner Baney stated that supervising the department and staff is not
noted and she feels it should be. Mr. Kropp said that they could put it under
essential functions. She asked if it was important for the person to have
experience in labor negotiations.
Mark Pilliod stated that it might end up being a long list of requirements, such
as labor law, land use, contract and tort law and more; but the submitted
applications should show their strengths, and how they might work in
conjunction with the existing strengths in the office. The current attorneys have
knowledge of specific fields.
Mr. Kropp added that as people apply, they could explain what experience they
have in those specific areas. There is a reciprocal agreement with California,
but most of the other states do not have one with Oregon and the person would
have to pass the Oregon bar.
Mr. Pilliod said they could take the bar In September and June, but then
applying for it is a hurdle. Mr. Kropp suggested going through professional
placement agencies might be a good idea. Mr. Pilliod said they could
concentrate regionally on the search if the Board prefers.
Chair Unger stated there are many scheduling conflicts coming up. Mr. Pilliod
said that he had not initially attended AOC conferences, but may want to attend
this year. This involves only County representatives; the cities have their own
conference.
He knows of someone who has indicated an interest, but he does not know how
this would impact the process.
Minutes of Board of Commissioners' Work Session Monday, September 16, 2013
Page 2 of 6
Commissioner Baney is leaning towards option C or option D of the listed
processes, and not doing rush interviews. This could conflict with the holiday
season. Mr. Anderson stated they might want to close the applications in
January. Mr. Pilliod added that after the close but before the interviews is a
good time to send out supplemental questions to learn more and narrow the field.
Chair Unger said that option B works for him. He does not want to go to option
D, because Mr. Pilliod may not be available for an extended amount of time.
Commissioner Baney wants to have continuity and structure within the
department for as long as possible. Mr. Pilliod said there are two processes in
place for legal assistant Georgia Springer's position when she retires. They
have talked with a person who has previously covered this position temporarily,
and is ready to step in while they do a recruitment.
Mr. Pilliod cannot speak to continuity for his position since there may be
current County attorneys interested in the position. He feels a regular pattern of
some kind would help with this process.
Mr. Anderson feels that sometimes they do not leave enough time between the
close of recruitment and the interviews. People may be traveling or would have
to make plans well in advance. Perhaps they could close before the holidays
but allow more time in between. Mr. Kropp would like to state the interview
dates on the position brochure. The Board indicated that January 16-17 or 23-
24 would work for them.
Commissioner Baney asked how feedback might be solicited from staff. Mr.
Kropp stated that regarding the H.R. Director position recruitment, he asked
each staff person what they wanted to see in a director; and a couple of upper
level staff were on a panel. There were ways to involve staff.
Mr. Kropp said that because of salary differences between attorneys in private
practice and those who work for municipalities, it narrows the pool, as does the
type of work, licensing and the bar. The H.R. Director position did not have to
deal with this, since the duties of H.R. Director in a private or public position
are similar.
The Board would prefer not to do video interviews unless necessary. Mr.
Pilliod said that they might want to discuss supplemental questions before then.
Minutes of Board of Commissioners' Work Session Monday, September 16, 2013
Page 3 of 6
Mr. Anderson stated that staff realizes this is a Board decision, but this position
advises departments extensively and would like to have departmental input on
the brochure and serving on panels. The Board is supportive of this.
Mr. Pilliod welcomes this type of interaction, but does not want them to go
overboard with too many panels. It could be overwhelming to the applicants
and the Board could end up with too much information to sift through.
Mr. Pilliod cautioned the Board to leave enough time between closing the
solicitation, interviews and follow-up interviews. Back-to-back interviews do
not allow time to review the responses.
Commissioner Baney feels the "meet and greet" aspect is important for the
County and for the community.
3. Other Items.
The Board then went into Executive Session, under ORS 192.660(2)(h), pending
or threatened litigation.
Regarding the Simpson property, the Board directed staff to maintain current
protocols in the situation while the case is pending at LUBA, unless a threat to
public health or safety becomes apparent.
In regard to the Cyrus land use issue and the Metolius transfer credits, Nick
Lelack said he met with representatives of DLCD and others. Representative
John Huffman has had two important conversations with Mr. Cyrus regarding
just the 2009 provisions. Representative Brian Clem wants to distance himself,
as Chair of the House Land Use Committee.
There is a big community meeting and open house on September 30 at the
Sisters High School commons area. There will likely be a presentation, a panel
consisting of representatives from DLCD, economic development factions, the
County and the opponent. They will be able to give their views and opinions of
the present situation. The goal is to make this process as open and transparent
as possible for the public, as there may be a lot of misunderstandings to work
through.
Minutes of Board of Commissioners' Work Session Monday, September 16, 2013
Page 4 of 6
There are specific requirements from the State and legislature, and the County
has to comply.
The next steps are not yet detailed. The facilitator was very non-specific on the
information laid out by the Oregon consensus.
Mr. Pilliod stated that the Sisters community has had. a hard time deciding on
other things as well. If they cast the net broadly enough, they may get more
involvement from those who are not firmly in one camp or another.
Mr. Lelack added that a Commissioner ma want to be involved, if only to
clarify how the County fits into the situation. The meeting is 6 - 9 PM on
September 30, at Sisters High School. The DLCD needs to take the lead on the
presentation. There could be simple changes or something bigger.
Mr. Pilliod suggested that the meeting be recorded for disclosure purposes, if
this becomes part of a land use decision later.
Mr. Anderson reminded the Board of the joint meeting with the City of Bend
Council on October 7. Some suggested topics of discussion are:
• Bridge Creek Update - City
Room Tax - both City and County versions these need to be differentiated.
• UGB Expansion
Shared services - including Courts
Jail expansion update
• Brownfields grant - County
Waste to Energy project update
• MPO/North Highway 97 project
• OSU Cascades in general
• 9-1-1 update
• Bethlehem Inn - they are trying to set something up at the staff level now.
He added that there is no way they can discuss all of these issues, so they will
need to decide which are the most pressing.
Commissioner Baney stated that Scott Cooper of Neighborhood Impact is very
involved in what happens to the recording fees that go towards affordable
housing; they determine how those dollars are spent locally. They need to get
in line for those dollars for the Bethlehem Inn.
Minutes of Board of Commissioners' Work Session Monday, September 16, 2013
Page 5 of 6
Chair Unger said that COIC and Cascades East Transit have been in meetings
with the City of Redmond, and hope to bring in more business people to reach
broader support, since this impacts the employee base and customer base.
There may be a property tax measure at some point for this. He asked if the
Board would like an update, or just wait for recommendations. Consensus was
to wait until more has been worked out.
Commissioner DeBone stated that a reporter asked him for information on PILT
funding legislation. He advised the reporter that this is handled out of
Washington, DC and is not a County decision.
Mr. Anderson noted that he gave an interview to KTVZ regarding the OSU -
Cascades decision on the land they wish to develop, which is other than County
land. He added that this will give the County some time to do due diligence
with the brownfields grant. He thinks they will be open for conversation on the
County property at some point.
Being no further discussion, the meeting adjourned at 4:00 p.m.
4§ ~ 4-
DATED this
Day of 2013 for the
Deschutes County Board of Commissioners/.
A,.- ulil~
Alan Unger, Chair
Tammy Baney, Vice air
ATTEST:
Anthony DeBone, Commissioner
Recording Secretary
Minutes of Board of Commissioners' Work Session Monday, September 16, 2013
Page 6 of 6
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., MONDAY, SEPTEMBER 16, 2013
1. Discussion of Addition to Fee Schedule - Christina Partain
2. Discussion of and Possible Direction for the Recruitment Process for County
Legal Counsel Position - Erik Kropp
3. Other Items
Executive Session under ORS 192.660(2)(h), pending or threatened litigation
(conference call at 3 p.m.)
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (c), real
property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; 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. 1f you have questions regarding a meeting, please ca11388-6572.
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.
Date: September 11, 2013
To: Board of County Commissioners
From: Erik Kropp, Deputy County Administrator
Re: Recruitment for Legal Counsel - September 16th work session item
As you are aware, Legal Counsel Mark Pill iod has announced his intentions to retire this fall. At
your September 16th work session, I am scheduled to meet with you to discuss the recruitment
plan and recruitment schedule.
As background, the Legal Counsel position is one of two positions that report directly to the
Board (the other position is the County Administrator). ORS 203.145 (attached) authorizes the
Board to appoint the Legal Counsel position.
The Personnel Department is currently conducting a salary survey of Legal Counsel positions
from comparable counties. This information will be forwarded to the Board once complete. In
addition, Mark Pilliod has updated the job description which will be the basis of the recruitment
brochure.
Before opening the recruitment, there are several decision points for the Board:
1. Would the Board like changes to the draft job description for Legal Counsel (attached)?
2. Would the Board like any additions or changes to the draft recruitment plan (attached)?
3. What recruitment timeline would the Board like, options are attached?
4. Does the Board intend to conduct phone or video phone interviews before in person
interviews?
Mark Pilliod, Legal Counsel
Torn Anderson, County Administrator
Debbie Legg, Personnel Services Manager
Tracy Scott, Human Resources Analyst
§ 203.1451
Appointment of legal counsel for county
governing body
• authority of counsel
. • compensation
(1) As used in this section, board means board of county commissioners, county court or county
governing body of a county, as the case may be.
(2) Unless otherwise provided by county charter or legislation enacted pursuant thereto, the
board of each county may appoint a person or persons licensed to practice law in the State of
Oregon as counsel to advise the board and other county officers, to render services in connection
with legal questions of a civil nature arising in the discharge of their functions, to prosecute
violations of county law as defined by ORS 203.810 (Offenses under county law), and to provide
such additional services as the board determines. Counsel shall serve at the pleasure of the board,
on a full- or part-time basis, and be compensated in the manner and amounts the board
determines. The board shall reimburse counsel for necessary expenses incurred in performance
of services rendered and may provide personnel, facilities and office space necessary for counsel
to render such services.
(3) When a person or persons licensed to practice law in the State of Oregon have been
appointed pursuant to subsection (2) of this section, they shall have the same civil authority and
responsibilities as are otherwise provided for the district attorney when acting as advisor to the
board and county officers. [Formerly 203.121 ]
DESCHUTES COUNTY POSITION DESCRIPTION
POSITION: LEGAL COUNSEL JOB CODE: 1012
DEPARTMENT: LEGAL COUNSEL FLSA: EXEMPT
REPORTS TO: BOARD OF COMMISSIONERS PAY GRADE:
SUMMARY
Serves as Chief Legal Counsel of the County; advises the Board of Commissioners,
County officials and Department Heads in all areas concerning civil legal matters;
provides public policy and legal advice to elected and appointed officials; performs
related work as required.
NATURE AND SCOPE
Works directly for the Board of Commissioners and advises on legal matters affecting
the County. Exercises supervision over the Office of Legal Counsel, which consists of
three assistant legal counsels, one paralegal and one legalassistant.
DISTINGUISHING CHARACTERISTICS
Licensed to practice law in the State of Oregon., The Legal Counsel may represent the
County in significant litigation.
ESSENTIAL FUNCTIONS
Directs the activities of the Office of Legal Counsel; advises the County Board of
Commissioners and other County officials, department heads and county staff on legal
questions of a civil nature.
Serves as chief legal counsel for elected and appointed officials.
Conducts legal research necessary for case preparation, to answer questions from
County officials and to assure county legal compliance; keeps abreast of decisions and
legislation affecting the County.
Is proficient in civil procedures and represents the County in civil actions involving
substantial amounts of money or important legal questions.
Prepares and drafts ordinances, resolutions, contracts, deeds, leases, and other legal
documents and instruments for or on behalf of the county.
Reviews legal documents and reviews and advises as to legal acceptability.
Legal Counsel (Revised September 2013)
Drafts legal opinions for County departments.
Performs related work as required.
QUALIFICATIONS
Knowledge and Skills. Considerable knowledge of legal principles, practices, and
terminology; considerable knowledge of common, State and Federal civil law and
constitutional law affecting Oregon local governments. Skill in preparing and trying civil
cases in court.
Experience and Training. Doctor of Jurisprudence from an accredited school of law.
Outstanding academic credentials are desired. Seven years of experience in the practice
of municipal law at a level equivalent to, or greater than, an Assistant City or County
Counsel. Experience in all aspects of civil litigation, including liability defense, is desired.
Two years of progressively responsible supervisory and management experience is
desired. Any combination of education, experience, and training which provides the
required knowledge, skills and abilities to perform the essential functions may be
considered.
Abilities. Ability to organize, interpret, and apply legal research and prepare sound
legal opinions; ability to analyze and prepare a variety of complex legal documents;
ability to express ideas effectively, orally and in writing. Ability to effectively maintain
professional working relationships with elected officials, county staff and the
community.
Legal Counsel (Revised September 2013)
Draft Recruitment Plan
1. Update job description - in progress.
2. Conduct salary survey - in progress.
3. Department Head input into characteristics desired in Legal
Counsel hire.
4. Legal Counsel Office staff input into characteristics desired in
Legal Counsel hire.
5. Draft recruitment brochure.
6. Open recruitment.
7. Advertise: Association of Oregon Counties, League of Oregon
Cities, direct mailings, ICMA, Jobs Available, etc.
County Counsel Recruitment Timeline Options
Option A
Option B
Option C
Open
Sept. 23
Sept. 25
Oct. 20
Close
Nov. 3
Nov. 24
Dec. 20
Interview
Nov. 14 and 15 or
Dec. 12 and 13
Jan. 16 and 17 or Jan.
Nov. 21 and 22
23 and 24
Estimated start date
Jan. 15
Feb. 15
March 1
Notes
Tight timeline; only
Allows outreach at
open for 6 weeks;
AOC conference.
doesn't allow
outreach at AOC
conference.
Holidays:
November 11 - Veterans' Day
November 28 - Thanksgiving
December 25 - Christmas
January 20 - MLK Holiday