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2016-100-Minutes for Meeting February 24,2016 Recorded 3/8/2016
DESCHUTES COUNTY OFFICIAL RECORDS Vj 'MitIAA -TES. 0 NANCY BLANKENSHIP, COUNTY CLERK i1 V N� `2 { _► COMMISSIONERS' JOURNAL 03/08/2016 07:44:27 AM ~, ' 111111111111111111111 oo 1916 - 2QIG ►„„„ v„,...._ ,„.-attsto,,,:,:,_ �y�nnr "7777777Y For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax(541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, FEBRUARY 24, 2016 Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and Dave Doyle, County Counsel. Attending for a portion of the meeting were Jane Smilie, Health Services; Wayne Lowry, Finance; Ed Keith, County Forester; Allison Green, Project Wildfire; Nick Lelack, Community Development; Timm Schimke, Solid Waste Department; Sheriff Shane Nelson; Whitney Hale, Communications; Susan Ross and James Lewis, Property & Facilities; Judge Charles Fadeley and Jodi Stacy, Justice Court; Judith Ure, Administration; David Givans, Internal Auditor; and two other citizens, including Ted Shorack of The Bulletin. Chair Unger opened the meeting at 1:30 p.m. 1. Greater Bend Community Wildfire Protection Plan. Ed Keith and Allison Green spoke about the plan and how they deal with the communities. They try to revisit each community on a five-year basis. They are on the third version for the Bend Plan. There were quite a few changes this time. Ms. Green said that they are celebrating the work already done, but add in the new science. One term is `crosswalk' in regard to wildfire. The City is embarking on making recommendations to City Code and new language is being considered. Minutes of Board of Commissioners' Work Session Wednesday,February 24, 2016 Page 1 of 15 They started with La Pine in the action plan, and build from there what might occur within five years. The last piece is an appendix relating to evaluations, in cooperation with emergency services. No one talked about fire recovery until now. It will be incorporated but also stand-alone. The Fire Free and Project Impact websites are new and these documents are available there. Commissioner DeBone asked about forest management and forest health. Mr. Keith aid they want the forests to be resilient. Fires will happen and everyone needs to be prepared and able to recover quickly. Ms. Green added that the business resiliency piece is a part of this, and it has been studied by FEMA in Colorado. They found 43% of businesses affected by this will not recover. This is something they will be addressing here. DEBONE: Move Chair signature of the Plan. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. 2. Consider Grant Applications. • Living Well with Chronic Pain Program Implementation • SmokefreeOregon Cessation Campaign • Central Oregon Regional Immunization Rate Improvement Jane Smilie explained the grants. The first one does not require additional staffing and is at the request of the task force. SmokeFree Oregon funding would help with matching funds if certain standards are met. They could advertise the quit line on the local buses, throughout Central Oregon. It has been shown to be effective. The immunization grant would allow them to increase an existing position to work with providers in the region. Local health advisory groups are very supportive of this effort. Ms. Kaisner said that `intervention' focuses on the clinic, providing walk-in appointments, whether providers are vaccinating as often as they can, and so on. Minutes of Board of Commissioners' Work Session Wednesday, February 24,2016 Page 2 of 15 Commissioner Baney asked if interaction with citizens is done in person. Ms. Heisner said that the providers are the ones who deal with the patients, so some incentives may be provided to clinics and staff. They need to know how to talk with parents. BANEY: Move approval of all three grant applications. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 3. Second Quarter Performance Measurements. Judith Ure provided an overview of this quarter's highlights. Sheriff Shane Nelson said that his department was involved in the Harney County militia incident in a supportive role, and he is very proud of what his department did. It was a dangerous and unpredictable event, and local government employees and their families were at risk. Harney County does not have a lot of resources, and during that time, his office contributed the time and energy of 27 different individuals to help maintain the peace, court security and patrol services. The local citizens seemed thankful for this assistance, and the elected officials there did a good job handling things for their community while under a lot of duress. Commissioner DeBone was glad this County could respond and help. Sheriff Nelson added that these people are neighbors and he was happy to help. Commissioner Baney said that Judge Grasty was very appreciative of the close working nature of the two counties. Chair Unger noted he is proud of what they accomplished. Moving forward, he wondered how to engage to address some of the issues that surfaced as a result of this incident. Sheriff Nelson stated that they need to identify the issues first, and hopes others will share their thoughts with Deschutes County representatives. There has to be law and order to do anything. Minutes of Board of Commissioners' Work Session Wednesday, February 24, 2016 Page 3 of 15 Tom Anderson asked if law enforcement in Harney County is different from here. Sheriff Nelson replied that the local agencies work well together, and he did not see much of a different style to keep people safe. His office has taken the lead on a study of the use of deadly force, and they have been able to get resources to share in this situation. He noted that they do not want certain events to happen, but have to plan for them regardless. Conversations need to continue. It is a challenge to try to preserve everyone's rights. Judge Charles Fadeley and Jodi Stacy spoke about receivables and collections. Ms. Stacy said they converted to a new system in September and it took about three months for complete training into laserfiche. It is less expensive and more suitable for court operations. She believes this new system has had a positive impact on collections. Judge Fadeley stated that he believes every Justice Court in the State uses this system. Ms. Stacy said this provider makes regular updates and provides good customer service, so the system should be useful for a long time. Timm Schimke spoke about the waste to energy project. The vendor could not obtain financing as agreed, so the contract was terminated. It will be hard for this company to undertake such a project without an equity partner to provide funding. The technology is cutting-edge and it is unfortunate it could not come together. He thinks the idea has merit, but the timing was not right. The landfill has not changed and the location would be at the lower end of viability for a project like this. You can have a lot of control if some of the funding came from the County, but it is still a risk, especially with currently low energy costs. The demo landfill was also a part of these discussions. The State is looking at having qualified contractors for certain projects, and the State would act as CMGC. Commissioner DeBone asked if there have been any changes in operations with energy in mind. Mr. Schimke said some landfills will operate to put waste that is more desirable for certain things in specific locations, but it is all fairly straightforward, and this landfill is not that large. The future is to treat waste before it goes into the landfill, but there is always a residual. In the future, landfills may be needed for a smaller portion of the waste stream. Minutes of Board of Commissioners' Work Session Wednesday,February 24,2016 Page 4 of 15 Mr. Anderson said future discussions will focus on the options using what they have, and how to move forward. There have been a number of organizations that approached the County with new ideas. Commissioner Baney supportive of innovation but does not want to speculate or put County resources at risk. Mr. Schimke feels that they will be able to put off having to develop another landfill for a long time, and recycling and other options can greatly reduce the waste stream. Ed Keith explained that they have received OEM grants, and agreements are in place with Crook and Klamath counties. Within Deschutes County, two projects were contracted out and are now complete--- one in Black Butte Ranch and another area east of Bend. More is happening as the weather allows. These are all common areas, and they are reaching out to residential communities as well to begin work in the spring. Commissioner Baney asked how the funds are distributed. Mr. Keith said OEM gets funding for oversight, and the Oregon Department of Forestry will be entering into an agreement with OEM for the work and having people in the field. Mr. Anderson stated that this is very different from how it was handled in previous years. Mr. Keith said that he has worked to get OEM and ODF people into the field so they understand how it works. The same type of approach works when dealing with homeowners' associations. Chair Unger wants to do battle with FEMA in the future, so they know what works best locally. Big centralized government does not seem to understand some of it. Mr. Keith replied that he hopes to show how it can come together. Commissioner DeBone wants people to do what is right on their own to keep communities safe, without federal dollars. Mr. Keith said that they can be given the tools and some seed money to keep it going. There are people from national organizations interested in how it is being done here. The Joint Chiefs program —Natural Resource Conversation and the Forest Service, along with private landowners— cooperatively came together with Project Wildfire and OSU/Extension for two counties' cohesive strategy in the La Pine basin for shovel-ready sites. $1.2 million has been funded for this, with more to come. A lot of the effort has been with the Deschutes collaborative project, but there is another area from Sunriver south. Chair Unger said this involved five counties plus the tribes working together, and he hopes to keep it strong. Minutes of Board of Commissioners' Work Session Wednesday,February 24, 2016 Page 5 of 15 For the Public Information update, Whitney Hale talked about social media and some changes in this process, a new platform and a new social media tool. The County has a wide variety of social media presence. They have unlinked Facebook from Twitter to be more strategic with how to use both. Residents can also message the County on Facebook, and so far it has been manageable. Hootsuite is a new program that uses one platform, and has been very helpful. The County can respond or be engaged more easily. The County is now using the NextDoor, which is a neighborhood-based social media platform. Messaging can be targeted to specific areas through this platform. There is increasing engagement with the public through these changes. She spoke about `pushing' messages, which means using a small amount of funds to make your message more widespread, through Facebook and Twitter. Wayne Lowry said that PERS is not a good news type of thing, but Deschutes County is better prepared than other counties, since there is a reserve account. He feels it is time to use some of these reserves. A feature of the proposed budget is how this is to be handled. (He referred to a handout.) There have been some changes at the legislative level, and PERS earnings have been relatively low. There will likely be several steps involved to deal with the PERS increases. There is a 4% increase every other year for employers to handle. All jurisdictions, including schools, are facing this. The County may be able to buy down the increase by using the reserves. The entire reserves would be used up by 2024, but it evens out the annual increase until then. Legislative changes might occur, and PERS earnings might improve. Also, Tier I employees will be less of a factor. Use of the PERS reserve will be discussed during each budget process. Heather Kaisner and Jane Smilie spoke about communicable disease control. Ms. Kaisner said that they ae at 95% for case investigation, when the average is about 83%. This means they deal with cases of communicable disease within ten days. Some require very fast action to prevent spread of disease. Minutes of Board of Commissioners' Work Session Wednesday,February 24, 2016 Page 6 of 15 There have been increases in pertussis cases and other health issues. She has created a Deschutes County Health Alert system to keep other health providers informed and involved. Much of what they do is education. Cases of flu have skyrocketed the past couple of weeks, and they track this data. Ms. Smilie said that the information collected goes into the formulation for next year's vaccine. Ms. Kaisner added that now the Zika virus has come into the picture. There has been only one case in Oregon. The biggest problem is that emerging diseases change often and no one has complete information for a while. There needs to be a lot of education if this problem increases. It is still not proven that Zika actually causes microcephaly, but there appears to be a strong link. Commissioner Baney said that Oregon is number 47 out of 50 states in funding for health. Ms. Smilie stated they are analyzing funding, but new issues like this really impact the health team. Commissioner Baney stated that public safety includes health and it is not always as obvious as law enforcement work. Ms. Smilie stated that Susan Ross and her team oversaw the completion of the south County Health Services facility, and everyone is pleased with the work. There will be a primary care provider there one day a week. They hope to have a parent-child therapist present. Commissioner Baney asked if this is being coordinated with St. Charles. Ms. Smilie said they are moving forward and hope to refine service delivery, but she does not know what services St. Charles might provide at this point. 4. Property & Policy Update. This item was addressed under executive session, which began at 4:00 p.m. and ended at 5:00 p.m. Ms. Ross recommended conducting a space plan study, which has not been done for about fifteen years. They can guess what space needs might be in ten to twenty years, but this should be guided. The cost was about $100,000 fifteen years ago. It is a long process. Most departments feel they need a lot more space, but this analysis should be done by an outside group so that it is realistic. Mr. Anderson noted that the Board had asked to know what the future needs might be, and this is one component to get to that information. Minutes of Board of Commissioners' Work Session Wednesday, February 24,2016 Page 7 of 15 Ms. Ross would like to get all of the numbers accurate regarding the facilities the County has. The company would come out with recommendations on use of space and phasing. Mr. Anderson said this forms the basis for the long-range capital plan, which Wayne Lowry has indicated is very important. Regarding the Courthouse, the State Court and Sheriff's Office have looked for a potential lobby redesign of the Courthouse lobby, for security reasons and because more people are coming through it due to the previous remodel. There is no place for people to wait when things get backed up. She thinks this may cost over $100,000. It is a lot of money when they are also considering a future courthouse expansion project. Mr. Kropp said the Board asked about access into the District Attorney's offices. The desire of the D.A. is to limit this to their employees and law enforcement. They may not even allow their employees to have separate access in the future. They want everyone to go in and out of the main entrance as much as possible. A construction audit was done recently for various projects. The Internal Auditor recommended a policy be developed for use of County facilities and rents. Ms. Ross noted that staff agrees with this for the most part. New leases are negotiated at market rate, but the policy needs to be flexible if the tenant is a partner, allowing for Board discretion. The Auditor also recommended developing capital projects policies and procedures relating to change orders in contracts. These vary from project to project and sometimes there is not enough guidance. The Auditor felt these should be centralized, and a project management manual developed that others can use. Ms. Ross agrees with parts of this, but does not want to get involved with the landfills, roads and facilities other than buildings. This is also a specialty and the rules are spelled out in contracting law, and each change is well documented. This needs to be handled by experienced individuals. Tom Anderson said that Extension/4H want $500,000 to expand their facility. Ms. Ross said she has been working with them and has a draft schematic showing changes that would double the size of their facility. Minutes of Board of Commissioners' Work Session Wednesday, February 24,2016 Page 8 of 15 They have been setting aside funds but do not have nearly enough. They need to ask their people first, including the University. It is their building but the County's land. Mr. Kropp said they indicated they would do all they could through fundraising efforts. Ms. Ross stated that the County owned a building on the highway in south Redmond that was purchased for 4H to use. When the building was sold, 411 kept the proceeds to apply it towards where they are now. She does not know if they can pursue bonds or grants, but they could pursue a loan as well. She believes OSU funds only the 4H personnel. Mr. Anderson said they need a hard proposal if this is going to come up during the budget process. OSU's role needs to be clarified. 5. Other Items. Erik Kropp said that John Shepherd wants to apply for an event permit, and there are some issues related to this. The Court of Appeals indicated he could not routinely hold weddings on his property and it is not a private park. Per the County, there can be only four events a year according to Code. He was told he might be able apply for one event every three months. It is unclear whether the Court ruling allows this. Commissioner Baney added that he has indicated he is a minister. John Laherty said the issue is not whether he can apply for an event permit, as he does have the right to appeal. Nick Lelack said historically they have allowed this every ninety days. This process will be examined later this year. Mr. Laherty noted that the appeal was for a private park conditional use so it should not prohibit events as allowed by the County. These are infrequent, so land use regulations do not apply. Mr. Lelack added that agri-tourism changes excluded the single event permit since it was believed this is a different avenue. Commissioners DeBone is supportive of one event every ninety days, and this should not be controversial. Commissioner Baney agreed. Mr. Anderson said that someone could appeal this. David Doyle does not feel this will be a problem since it is not related to the private park effort. Minutes of Board of Commissioners' Work Session Wednesday,February 24, 2016 Page 9 of 15 Mr. Lelack presented the Bicycle and Pedestrian Advisory Committee's letter regarding their support of the proposed Bend gas tax. Commissioner Baney asked if it is a County role to support a City issue. Chair Unger noted that BPAC is an advisory group that wants to support what they think is important for the region. Commissioners Baney asked where the County needs to draw the line with advisory committees. Mr. Anderson stated that the Board has not encouraged this in the past. Commissioner DeBone said it is too political because it has to do with taxes. Mr. Lelack added that it could open the door for other advisory groups who want to do something similar. Chair Unger said that he encouraged a letter of support on the Sisters Trail, but that was to garner input from the public. The Board stated that the BPAC members are welcome to do what they want as individuals, but do not want them representing the County in this regard. Mr. Lelack said that the group could offer to provide unbiased information on the potential impacts of additional funding. Mr. Doyle stated that it would still be lobbying and questionable for the Board to condone it. Mr. Lelack asked if the Board wants to discuss whether to put the Opt Out on the ballot for this May. Commissioner DeBone said there is a squeeze from two sides and a lot of pressure to opt out. Some want the right to vote on it, but he is not sure how it would be written. Mr. Doyle stated that the County would have to write the text. It could be one measure or broken down into several. A few other counties are grappling with this issue as well. Commissioner DeBone hoped that they could have worked out the differences. People have not voted on this issue, as Measure 91 was totally different. There are building popping up all over. Moreover, he wonders how medical marijuana works into this. Commissioners Baney said that even if they have the opportunity to vote, it does nothing about the medical marijuana sites. If all of the problem growers are producing medical marijuana, how does the Board manage expectations on what a ballot measure and vote really mean. There seems to be no way to get to clarity. Minutes of Board of Commissioners' Work Session Wednesday, February 24, 2016 Page 10 of 15 Chair Unger does not feel this could go on the May ballot. Commissioner Baney stated that even if the opt out prevails, no one seems to know what this truly encompasses. It will not address medical marijuana or selling excess production for recreational use. It is hard to get citizens who are against this to be more educated and informed. It is not all just going to go away no matter what is on a ballot. Medical marijuana is allowed and HIPAA rules apply. Mr. Doyle said the County might be able to have some limited regulation of the medical grows, but the legislature is also still working on this. Mr. Anderson said that Whitney Hale has written a new version of a response to send when the Commissioners get large numbers of e-mails. Commissioner Baney would like to eliminate the second paragraph, and use `highlight' in the wording of the following sentence. Mr. Kropp stated that the last sentence of that paragraph needs to be shortened to avoid confusion. Ms. Hale will provide a revised version. In regard to the Marijuana Advisory Committee, Chair Unger asked about conversations with a few of the members. Chair Unger said he was asked if they could have Matt Cyrus leave the group. Commissioner Baney stated that this is creating angst and some are running a campaign for their own interests. Chair Unger stated that the facilitator is coordinating the process and can set limits on what interaction is acceptable. Commissioner DeBone said that this is a divisive issue and this group has promised to deal with it. They cannot just start taking people off the group because others do not like what they have to say. Mr. Lelack stated that the facilitator may not have realized what is going on behind the scenes. She has now seen the e-mails and can help navigate the issues. Chair Unger indicated he wants to speak with the facilitator to discuss some of these concerns. David Givans said there were four applicants for the Audit Committee and these have been narrowed to two. He explained their qualifications, and recommended John Barnett and Wayne Yeatman. Commissioner DeBone stated that all four were excited for the opportunity and wanted to give back to their community. Chair Unger disclosed that he might be related to John Barnett as a second cousin. Minutes of Board of Commissioners' Work Session Wednesday, February 24, 2016 Page 11 of 15 Judith Ure said that the Sisters School District is not proceeding with their radio program, so returned the $1,000 grant funding that was awarded. Ms. Ure presented a discretionary grant request from the Central Oregon Film Office to encourage more commercials being filmed here. Commissioner Baney said that Alana Hughson of COVA said this area is perfect for this type of work. They are establishing a nonprofit office to work as a hub for these kinds of requests, along with getting talent and services coordinated. BEDAP (Bend Economic Development Advisory Board) supports this but she is not sure at what level. This is all being discussed, but their budget does not begin until July 1. They do not have an office or anyone on this side of the Cascades to handle these efforts. EDCO has been contacted and two commercials are already in the queue. BEDAP might be able to use some of the identified increase in TLT for this effort. Commissioner DeBone said that he has been contacted by some people regarding this opportunity. It could be big. Commissioner Baney noted that there is the tourism side and the business side. At some point, the County may be asked to fund it, but she has diverted requests back to COVA. At this time, she would like to support them until they are able to obtain funds later this year. Commissioner DeBone explained that it is part of EDCO and he encourages them and other groups to work on this and other projects, and not depend on the government to handle it. UNGER: Move approval of the $5,000 grant. BANEY: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Mr. Doyle spoke about the proposed Assistant County Counsel position. The salary range is the current range. Chris Bell and John Laherty are at the maximum range now. They would both be assigned as level 2. If the 1, 2 and 3 step plan is implemented and they do not want to do this, they would be grandfathered in where they are. Minutes of Board of Commissioners' Work Session Wednesday, February 24, 2016 Page 12 of 15 It is unknown if they are to be considered at will employees. This change indicates that all the classifications are at will, reporting to County Counsel, and a step from 1 to 2 or 2 to 3 would be based on merit. This includes factors related to accountability and confidence, and allows him to bring someone at a lower step. Mr. Kropp asked how they would earn the range difference. Mr. Doyle said it would depend on what they bring to the job, initiative, performance and other factors. Steps would remain they are now, one at a time. Mr. Anderson said that new hires can be brought in a step higher if the department head wants to do this, and higher if it can be justified to the Board; but then it is one step at a time. Mr. Doyle would hire at level 1, step 1, but might ask for this at level 2 if the right person is being considered. They are shorthanded now and he does not want to see the department having to cut corners to get their work done. Mr. Kropp said that they need to be careful about equity concerns that might be brought up by other departments, such as the District Attorney's Office. The numbers are subject to the classification and compensation study that will be considered soon. Mr. Kropp said they are not using the Hay Group; the positions will be analyzed and not the people, but they will not bring anyone down to a lower pay range. Mr. Anderson stated that Assistant Legal Counsel has seven steps, which has been split into different levels with this proposal. Mr. Doyle was hoping that the steps would be 4, 4 and 4 within each level. They have to demonstrate, for instance, that they deserve advancement from level 1, step 4. The job description and announcement will ask for someone with no more than five years' experience, as he does not want overqualified candidates. He sees this as an entry-level position and wants the individual to learn to deal with a multitude of issues. Commissioners Baney is supportive of the three levels and four steps. It is a small office that is unique, and they want to attract and retain the best. There needs to be motivation to sign on. Commissioner DeBone is also supportive and he thinks this can work since the department is small. Chair Unger likes having at-will employees and he wants Mr. Doyle to do what is best for his department. Minutes of Board of Commissioners' Work Session Wednesday,February 24,2016 Page 13 of 15 Mr. Doyle stated that severance pay for level 1 would be two months' severance; three months' severance for level 2; and four months' severance for level 3. Generally, at-will employment requires a contract. He is not sure how this applies at this time. He does not know if the current employees will even want to sign, and they may want to wait for the study to be done. However, he can use this for new people. Commissioner Baney said she wants to be comfortable relying on the information that is provided to her. She wants to be confident in the support given to her, the Board and the departments. There used to be an Assistant Chief Legal Counsel position, and people need to have the ability to move up even if the salary increase is not that great. Mr. Doyle said he has always been hired at will and had to have the confidence that he could do the job. on stated that he is supportive of the three levels and the philosophy Mr. Anderson pp p p y behind it. Mr. Doyle has authority to hire for the vacant position at this time. Mr. Anderson added that they are going to wait for the study to analyze the proposed level. The four steps within each level is something new and isn't found elsewhere, so he is not sure how to address this. He sees the advantage to management, but once people are topped out, they sometimes start to get restless and upset because they are stuck at the top step regardless how well they do their job, and there may not be options for advancement. It is not always easy to address this and a change might intensify this concern. He suggested that there might be a way to force action, but develop something that conforms more to the norm. Mr. Doyle said that the study might look at the proposal and come up with results on both structures. Mr. Erik said they could get started on the recruitment now at the lower rate. Mr. Doyle wants to hire at the proposed level and step. Commissioner Baney wants to make sure whomever they hire will be at will, and that this person will want to learn and stay here for a long time. Then they can try to transition into the new process. Mr. Kropp is concerned about making fewer but larger steps that other departments may want to investigate as well. The Board was supportive of the basic proposal, with more information to come to clarify the situation. Minutes of Board of Commissioners' Work Session Wednesday,February 24, 2016 Page 14 of 15 6. Adjourn. Being no further discussion, the meeting was adjourned at 5:45 p.m. DATED this v: Day of -V) gAl ek, 2016 for the Deschutes County Board of Commissioners. / . Ur&_ Ala Unger, Chair b4't Tammy Baney, Vi Chair ATTEST: r _ Anthony DeBone, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday,February 24,2016 Page 15 of 15 r � - °o Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 -www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, FEBRUARY 24, 2016 Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed, although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work Sessions are not normally video or audio recorded, but written minutes are taken for the record. 1. Greater Bend Community Wildfire Protection Plan —Ed Keith, Alison Green 2. Consider Grant Applications —Jane Smilie • Living Well with Chronic Pain Program Implementation • SmokefreeOregon Cessation Campaign • Central Oregon Regional Immunization Rate Improvement 3. Second Quarter Performance Measurements —Judith Ure 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 encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format, please call (541)617-4747, or email ken.harms(cideschutes.orq. Board of Commissioners' Work Session Agenda Wednesday, February 24, 2016 Page 1 of 2 4. Property & Policy Update —Susan Ross, Wayne Lowry 5. Other Items These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the 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), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. 6. Adjourn 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. Ifyou.have questions regarding a meeting,please call 388-6572. Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format, please call (541)617-4747, or email ken.harms @deschutes.org. 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O, r-1 Ln . rn n Ln n On 0.4.1 U h N m N U) 0000 000_ 0 00 n 0 CI) ac a, 0 n o %-.4 n 0 o Ln-� Cr) cn V Ol O r-1 m Cr n 00 ,-.1 N M r-I r-I r-I r-i r-I r--1 N N N WLn lO N 00 01 O r-I N m Ct 0 0 0 0 0 0 0 0 0 0 7- N N N N N N N N N N LI.. 1 F Tr N m V) N W N 0 7 (N N 0 Iv CC CD il "4", i ■ cm rn U r-1 !z 0 V) _.0, + V) O ' U ■ g n co 1 r-I v) -. W I a LC4r-I 1 c ! 1 1 1 c 1 , , 1 1 Ln C O O O 0 0 0 W 0 0 0 0 0 O O 6 O 6 0 0 0 0 0 0 0 0 Sri 0 Iri 0 Lri N N .--I e--1 • 10 things Oregonians should know about Zika Confirmed Zika33 ,,,3,3333€€ 33Qre n 23033 rro 1. Zika is almost exclusively mosquito-borne.Two cases of sexual transmission have been reported in the past 10 years.This f appears to be rare. r 3' / iro ®4�/1!..y • rc°Qg ', c„jut ed ^aC 03 2. Two types of mosquitoes are known to spread Zika virus; EM 333 3 !V6�� ��73�y33$7€ 6�3SSE gd'fl� neither is found in Oregon. �13, 3€€ 3€ 3. Symptoms of Zika include fever, rash,joint pain and redness of the eyes.80%of people infected with Zika virus are asymptomatic. 4. Zika symptoms are mild, and serious illness requiring hospitalization is uncommon. 5. A handful of Zika cases have occurred in Oregon in recent years; all were travelers returning from areas with active Zika transmission at the time. 6. Other than a single reported case of sexual transmission, all cases of Zika in the Continental U.S. are related to travel in areas where the virus is circulating. 7. There is no treatment or vaccine for Zika, but it can be prevented by using insect repellent and protecting your skin from mosquito bites. 8. The Oregon Health Authority(OHA) is working with local county health departments and Oregon health care providers to identify and test appropriate persons for Zika virus. 9. The Centers for Disease Control and Prevention (CDC) is providing testing for Zika on samples from suspected cases sent from state public health labs. 10. The CDC recommends pregnant women postpone travel to areas where Zika is circulating due to its possible link to a brain development disorder(microcephaly) in unborn babies. Countries and Territories in the Americas with Active Zika Virus Transmission • Aruba • Dominican Republic • Martinique • Barbados • Ecuador • Mexico • Bolivia • El Salvador • Nicaragua • Bonaire • French Guiana • Panama • Brazil • Guadeloupe • Paraguay • Colombia • Guatemala • Saint Martin • Commonwealth of • Guyana • Suriname Puerto Rico, US territory • Haiti • U.S.Virgin Islands • Costa Rica • Honduras • Venezuela • Curacao • Jamaica 1 Purpose of Reporting and Surveillance of Zika Virus: 1.To characterize the epidemiology and clinical aspects of the disease. 2.To monitor disease trends and recognize outbreaks. 3.To identify transmission within Oregon, should it occur. 4.To identify cases during their infectious period and to prevent transmission to local mosquito vectors. Local Public Health Responsibilities: ✓ Educate local health care providers on CDC recommendations and updates. ✓ Work with Oregon Health Authority and CDC to educate the public. ✓ Receive reports from health care providers and determine if case meets testing criteria. • If no,discuss/explain why • If yes, o Coordinate specimen collection and transport to Oregon State Public Health Lab o Enter required information into Orpheus State database o If confirmed or presumptive, complete case investigation and patient education Testing Criteria: • Any person (male or female) who has traveled to an affected area and within 2 weeks of travel develops at least 2 Zika-compatible symptoms(fever, rash,joint pain and redness of the eyes). • Women who traveled to an area where Zika virus is circulating any time during pregnancy and either are pregnant with,or who deliver an infant with: o Occipitofrontal circumference less than the 3rd percentile on standard growth charts, or disproportionately small as compared to infant's length, or o Evidence of brain calcifications on ultrasound,or o Central nervous system deficits. • CDC is also willing to test asymptomatic pregnant women, who traveled to an area with active Zika virus transmission any time during pregnancy. In this situation,testing should be done within 2 to 12 weeks of return from an area with active Zika transmission. Board Work Session 2/24/16 Presented by Susan Ross Audit Recommendation#1: "It is recommended for the County to develop a policy for use of County facilities and how rents should be developed for internal and external tenants. • This policy may consider community contributions,costs to the County and needs by County departments when allowing for outside use of County building space. • A preference should be given for County departments to use available space,especially in County buildings when it can be contiguous with their other operations. • External market rates should be used when considering rent levels, as well as costs for depreciation, interest and other costs. Rents should be adequate to provide for significant repairs and improvements over the life of the property. • The County should seek(with non-County tenants) a market rental agreement. Maintenance, utilities and property taxes, if applicable,should be recovered or reimbursed." Staff Response and Recommendation: Staff agrees with the recommendations and would like to develop a policy that incorporates these items. New leases are negotiated at market rate,and existing leases are brought up to market at lease renewal. For example,a recent renewal with State Building Codes Division increased the lease rate by 109%. However,the policy should be flexible to consider benefits provided by the tenant and allow Board discretion to make exceptions. Three separate audit recommendations related to construction management Audit Recommendation#2: It is recommended for the County to consider developing capital project policies and procedures to provide guidance and define responsibilities related to change orders in contracts." Issue identified: Change order processes varied a bit from project to project and generally include review,approval and payment.The internal audit reviewed change orders for the three projects for mathematical accuracy,adequacy of supporting documentation, and appropriate approval. Issues noted include: -Two of the three contracts did not provide sufficient guidance on the administration and handling of change orders. Because of this, change orders showed inconsistencies in application and handling of profit on change order work. - Profits of 5%- 17%were visibly charged by subcontractors over these projects. -Prime contractors layered onto subcontractor prices additional markups of 0%-10%. Audit Recommendation#3: "It is suggested the County consider establishing a policy for capital construction management.The policy should address the centralized or decentralized management of capital construction projects. It seems appropriate for all construction projects to be centralized through the Property and Facilities department. Depending on the size, scope and complexity of the construction project, Property and Facilities could assemble an appropriate project team.The policy should identify anticipated roles and responsibilities." Audit Recommendation#4: "It is also suggested that those involved with construction management develop a project management manual to assist those less experienced in the process.One other suggestion noted in numerous reports and which seems like a good idea is to have a post project review to identify what could be improved in the management of the project and share lessons learned among those that can benefit." Staff Recommendation: Adopt County policy that oversight and management of all capital construction projects for facilities that are intended for tenancy or occupancy are to be centralized within the Property& Facilities Department. Departments that oversee spaces that are not occupied or maintained by Property& Facilities such as landfills, roads,fairgrounds would be responsible for its own capital construction oversight and management. We do not see the need for a project manual to "assist those less experienced..." Capital construction should not be managed by inexperienced people. Besides, if all construction is centralized in one department,there is no need for a project manual. Staff also believes the issue regarding change orders was because of inexperienced project managers. We have clear guidelines on change order markups and each change is documented. p` Bicycle and Pedestrian Advisory Committee i3 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ March 1, 2016 To Bend Bulletin Editorial Board: 3 �3 On behalf of the Deschutes County Bicycle and Pedestrian n A. + •. Committee, I want to publicly voice support for the proposed 5 cent per gallon gas tax i., [ease in Bend, known as Measure 9-105. 3'rl3�j': BPAC is very interested in increasing the safety of our shared public road-, ,,�•t only for motorists but especially for bicyclists and pedestrians. The funds raised fro ' ;` gas tax would accomplish this by providing appro -tely $2.5 million annually for repair an• � rintenance of city streets. It would also fund impro =`pts to sidewalks and bike lanes. It's not just motorists who benefit from •''tter roads..Bicyclists, pedestrians and transit users will see the benefits from these •rojects as well. ` Please join me in supporting Mig4. re 9-10 , Sincerely, Cheryl Howard Chairperson.,,.. Deschutes County,BPAC Quality Services Performed with Pride Deschutes County Internal Audit Program Marra To: Board of Commissioners From: David Givans CC: Tom Anderson, County Administrator Date: February 23, 2016 Re: Summary of audit committee member selection recommendations for March 2 Board meeting. The potential audit committee members were interviewed on February 17th and February 23`d. by the following selection committee: Tony DeBone, Commissioner David Givans, County Internal Auditor Sharon Ross,Administrative Assistant The selection committee chose to interview all of the current applicants (four) for the one open position and one position that will be opening after the March 10 audit committee meeting. These two positions are optional by code. The audit committee has asked for them to be filled. Recommendations: • The selection committee did feel comfortable making a recommendation for the two positions(on staggered terms). • The following two applicants are being recommended for admission to the audit committee (in alphabetical order): 1. Name: John Barnett City of residence: Bend Employment and relevant background: Barnett CPA's. CPA with background in municipal and consulting services. Requested Term: Effective 3/15/2016 and Ending June 30, 2018 (complete term ending 6/30/16 and auto extended) 2. Name: Wayne Yeatman City of residence: Redmond Employment and relevant background: Assistant professor at COCC. MBA and extensive restaurant background. Requested Term: Effective immediately and Ending June 30, 2017 The following applicants were also interviewed and are not being recommended at this time. 1. Name: Ronald Ruby City of residence: Bend Employment and relevant background: CPA 2. Name: Richard Donaca City of residence: Bend Employment and relevant background: CPA Expected Request: Motion to approve..proposed selection of audit committee members (John Barnett and Wayne Yeatman) for the stated terms subject to subsequent appointment letters and background checks. • Page 2 Thank you for your e-mail. We appreciate you taking the time to share your concerns. Due to the number of emails we are receiving on this topic, we're not able to respond to each email individually. Most of the information we receive is factual; and outlines the challenges we face. One major point missing from the emails is that the Oregon Health Authority (OHA), not Deschutes County, licenses medical marijuana grow sites; of which there are 1,700 currently in our County. As you may know, these existing grow sites are not covered by the opt out ordinance. Whether the opt-out ordinance remains in effect or the Board or voters rescind it, these operations will continue because they have been legally licensed by the OHA. Please know, we fully understand and appreciate the true and significant impacts caused by some of these grow operations that you and many other rural residents are experiencing. We may be able to regulate existing medical marijuana grow operations beginning March 1 (again, we cannot disallow them), however, the Legislature may limit the regulations we may enact to mitigate these impacts. We are following this legislation closely. Our sincere hope is that the Marijuana Advisory Committee will be able to further refine the work of the Planning Commission and provide balanced options for us to consider, even if consensus is not reached on all issues Livability and compatibility of uses in rural Deschutes.County are important priorities for the Board. We remain committed to seeking solutions to this important issue. Thanks again for your comments and participation in this process. o 0 0 0 0 0 O O 0 0 0 0 0 0 o a O O O 6 o 0 © o 0 0 o0 , L.r■ ,-In r- r■ on 4 c c v 'rn O C es 'O p m LLQ N c u:t C Q- C In 'r0 1 79 E 1 0 ,--1 N m Tr Q dl N 0' d d C7 1- 0 0 0 0 0 0 01 op pc) pc) 0 o 0 rri o 0 m r: 0 Ln m O ao .� O .-I r• In m to m in m oo iii E C co o L CO dl O C L 4) 0. _ 4 a 0 C V C vii b C iti co O to s- U Q C c ri,as tD 'E C rl p N �i1 - E i r°v C7 a C7 C7 1- CC in � 0 0 0 0 0 0 0 Q i-I O O 4 0 0 Ti 1{a 0 ,--1 r-- 0 o CO a-I .W. T n m N u1 Q1 = in E V of m 3 L in 4, CLI •FI O +0 7 N1 • c w .0 • ° C u E a RI a i E o m CI u Q c to v c tO 0- 'c �1 m E 0 .-I N m cr o w N C700c71-- cg 0 0 0 0 0 0 0 o 0 0 0 0 0 O o m m o o m a-r 0 O N Lr1 CO ,L-1 i L Vl' r .d, ad r ii C r° a 'E `n 'Ie1 in +° E 0 .--I IN CO cr o w N 0 C7 C7 C7 F- cg 4) .N C C 3 D C co▪ o d C c E M a m0 -6 O E C _ c O O 0 o U o N N C p m p co 4) 4) @ E W T 7 ) g C > U O m 6n❑ c ° o w p N c 2 a c w n g O ¢ m c w E � � C 8 ¢• 3 o @ LL c 0. o o O U a) c c c ¢ m ` n Q u O 2 - ro o 12 8 0 a ° a o N . m a E N o 'h c Oe t rn•o ct0 . m ,, o Rjo U E U = m E Qm t• ° Z N @ w A -C 4] _ O U U � J E 'er w j c o PO N ; Deschutes County Board of County Commissioners Discretionary Grant Program Board Meeting Date: February 24, 2016 Organization: Central Oregon Film Office Project Name: COFO Production Outreach Project Period: Ongoing Amount of Request: $5,000 Previous Grants: None recorded. Approved: Declined: • p'T5s e O` WpjU mio Z� Commissioners County Board of Conissioners PO Box 6005,Bend,OR 97701-6005 1300 NW Wall Street,Suite 200,Bend,OR Telephone: 541-388-6571 Fax: 541-385-3202 Websitc: www.deschutes.ora DESCHUTES COUNTY DISCRETIONARY GRANT PROGRAM APPLICATION Today's Date: 2/15/2016 Project Name: COFO PRODUCTION OUTREACH Project Beginning Date: ONGOING Project End Date: ONGOING Amount Requested: $5,000 Date Funds Needed: ON DELIVERY Name of Applicant Organization: CENTRAL OREGON FILM OFFICE Address: 19838 GALILEO AVENUE, City&Zip Code: BEND,OR 97702 Tax ID#:I 47-5101722 Contact Name(s): SANDY HENDERSON Telephone#: 310 848 3967 Fax#: NONE Email Addres SANDY @CENTRALOREGONFILMOFFICE.COM On a separate sheet(s), please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will positively impact the community. 5. Identify the specific communities or groups that will benefit. 6. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures*. 7. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. *Applicant may be contacted during the review process and asked to provide a complete line item budget. 1. Describe the applicant organization, including its purpose, leadership structure, and activities. The Central Oregon Film Office was founded by Sandy Henderson in 2015 after discovering a need to promote the region and our talented citizenry to out of area film and television production companies. New and diverse locales are constantly required for branded content, television series and film productions; and our Executive Director believes Deschutes County is an untapped source of stunning locations. However, a professional and dedicated office is required to market these locations to such companies. Henderson founded the Central Oregon Film Office as a 501(c)(3) organization with a mission to promote our region, partner with other local organizations and produce media that would highlight our stunning locales in the best possible light. As a non-profit, we also have a mission of creating partnerships with the Central Oregon Community College to increase film education to their students. Henderson has established a Board for the organization that includes Tammy Baney, Deschutes County Commissioner; Alana Hughson of the Central Oregon Visitors Association, and John McLeod, CFO of Mt. Bachelor. As the Executive Director and sole working team member, Henderson is actively promoting Central Oregon to her extensive contacts made following 20 years working in the film industry, and as the former Executive Director of BendFilm. She is also currently writing grant applications to foundations, and researching other forms of funding. Once funding has been completed, Patric Douglas, an award-winning TV commercial producer, will work with Henderson to scout locations, collaborate with community interests, obtain permits and optimize tax and local incentives to create a mutually beneficial production environment. 2. Describe the proposed project or activity. Henderson has been workin g on a pro-bono level to establish the organization; and to promote Central Oregon as a production destination to out of area filmmakers. Henderson is currently working to attract new branded content, film and television productions to Bend through existing working relationships with key advertising agencies, industry professionals and both the major and independent studios. In February she worked with two production companies (Reebok and Oregon Lottery) from Portland to shoot commercials in our county(Bend and Sisters); and is currently working with a production company out of Los Angeles to film a real estate development commercial (MonteVista Homes) in Bend on March 18 & 19. She has also created a beta level website and Facebook page for the organization to establish a presence online (www.centraloregonfilmoffice.comj. Henderson is also currently working with Delve Films to establish Deschutes County as a production location for an independent film they have in development(budget: $5M); and a series with HULU (five year budget of$60M per year). Shooting would take place in the Fall, thus bringing diverse, off season revenue to Central Oregon. Without an established film office that speaks the correct terminology, and is on the ground to support these productions; they most likely will be shot in Vancouver due to their exchange rate and production support. Henderson is also currently working with Tim Williams of Oregon Film to create a Regional Production Investment Fund that will establish a pool of financial support to out of area filmmakers bringing their productions to our region (cash rebates). To date, all investment in COFO has been utilized with personal funding and on a pro-bono level to establish the organization as an entity committed to increasing economic development in our region. Grant support from Deschutes County will allow Henderson to continue the momentum of establishing this region as a viable alternative to Southern California and Portland. 3. Provide a timeline for completing the proposed project or activity. Establishing Central Oregon and our Counties as a production destination is an ongoing activity. 4. Explain how the proposed project or activity will positively impact the community. When a TV or film decides to bring their production to a region, a minimum of 50% of the budget will be spent in that area. Productions require large numbers of skilled and unskilled employees. From the production assistants that transport crew to and from set in vans, to the caterers and security guards, to the lighting contractors, riggers and sound and video technicians, there are many jobs that need to be filled locally. Hotel accommodation is also required, in addition to retail purchases that send funds into small businesses. When as much as 50% (and usually up to 65%) of typical on-location production are comprised of local hires this ensures jobs for citizens. Salaries commence at$25/hour and increase to upwards of$75/hour, not including overtime. These are jobs outside of our usual recreational and seasonal positions. Please also see the attached graphs for a breakdown of revenue productions bring to the community. 5. Identify the specific communities or groups that will benefit. Deschutes County is benefiting currently from three commercial productions taking place in Bend and Sisters. Our citizens are given an opportunity to work in a field that is outside of recreation, beer or real estate. Hotels receive increased business from off season and out of town visitors. Restaurants receive increased business from visiting production staff. Retail outlets and small businesses receive increased business (catering, construction, costumes, hair and makeup, electrical equipment, car rental companies and businesses used as sets). 6. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. Itemize anticipated expenditures. Grant funds will be used for the continued promotional out-reach of our region to out of area production companies, who would otherwise film in Portland, Eugene, Salem or Southern California. 7. If the grant will support an ongoing activity, explain how it will be funded in the future. COFO has previously presented to the Bend Economic Development Advisory Board (BEDAB); and received unanimous approval of their business plan. The next step is to present to City Council. We anticipate they may fund the organization to approximately$200K. Additionally, we are working on grant applications from entities such as Travel Oregon (between $50- $100K)for operational funding and other foundations for support. 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BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: D E C 0 3 2015 47-5101722 DLN: CENTRAL OREGON FILM OFFICE 17053322352005 C/O KARNOPP PETERSON LLP Contact Person: JON J NAPIER RENEE RAILEY NORTON ID# 31172 360 SW BOND ST STE 400 Contact Telephone Number: BEND, OR 97702 (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170(b) (1) (A) (vi) Form 990/990-EZ/990-N Required: Yes Effective Date of Exemption: September 21, 2015 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant: We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c) (3) . Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations exempt under IRC Section 501(c) (3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this letter. If we indicated at the top of this letter that you're required to file Form 990/990-E2/990 -N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard) . If you don't tile a required return or notice for three consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(c) (3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Letter 947 _Z_ CENTRAL OREGON FILM OFFICE We sent a copy of this letter to your representative as indicated in your power of attorney. Sincerel Ag":ft Jeffrey I. Cooper Director, Exempt Organizations Rulings and Agreements Letter 947 Salary Range for Assistant Legal Counsel Current Salary Range (Grade 0): $6,882 to $9,245 Proposed Distribution of Current Salary Range pending results of Class/Comp Study: Level I - $6,882 $7,229 $7,594 $7,976 Level II - $8,379 $8,801 $9,245 Level III- TBD DESCHUTES COUNTY POSITION DESCRIPTION POSITION: ASSISTANT LEGAL COUNSEL I JOB CODE: DEPARTMENT: LEGAL COUNSEL FLSA: EXEMPT REPORTS TO: LEGAL COUNSEL PAY GRADE: POSITION SUMMARY This is the entry level classification for the Assistant Legal Counsel classification series within the Legal Counsel Department. Under the direction of Legal Counsel and senior legal staff, the incumbent in this classification performs a variety of professional legal services for Deschutes County, its Board of Commissioners, other elected officials, and departments requiring knowledge of, or ability to learn various areas of the law, including but not limited to municipal and Oregon public entity law, contracts and public procurement processes, litigation, tort, labor, land use, tax assessment and collection, construction, real property, and employment law. Will provide, and assist senior legal staff in providing, legal advice and guidance to County officials and employees; appear in court, administrative and other tribunals on behalf of the County; perform legal research and prepare legal documents and opinions; and perform other related duties and tasks as assigned. All Assistant Legal Counsel classifications are at will positions serving at the pleasure of Legal Counsel. SUPERVISION RECEIVED AND EXERCISED Works under the close supervision of and direction from Legal Counsel, who determines goals and expectations, assigns work, and reviews work for effectiveness and conformance with policy and expectations. Will receive additional direction and some assignment of work from senior legal staff. Supervision of other employees is not a responsibility of positions in this classification. DISTINGUISHING CHARACTERISTICS Assistant Legal Counsel I reports to Legal Counsel and is the entry level position in the Assistant Legal Counsel classification series with responsibility for assisting Legal Counsel and senior legal staff in those areas assigned and in providing general legal assistance to County departments, elected officials, and staff. Incumbents will have minimal (less than 5 years) attorney work experience at the time of appointment. As such, incumbents are not expected to perform with the same independence of direction and judgment on legal matters as are incumbents assigned to the Assistant Legal Counsel II and III classifications. Incumbents will typically perform the more routine, less complex tasks and duties assigned to those within the Assistant Legal Counsel series. Incumbents are classified as Assistant Legal Counsel I while acquiring sufficient journey level Assistant Legal Counsel l(Revised September 2015) 1 experience, training, and skills to be eligible for merit-based advancement to the Assistant Legal Counsel II classification. TYPICAL TASKS AND DUTIES Tasks and duties in this classification may include,but are not limited to, the following: 1. Under the direction of Legal Counsel and senior legal staff,prosecutes and defends legal actions, suits and other proceedings of low to moderate risk or complexity on behalf of the County; prepares and presents cases at trials,hearings, and on appeal; researches and analyzes legal and factual issues; interviews and deposes witness; prepares legal pleadings, motions, case reports and summaries; evaluates,recommends,negotiates out of court settlements. 2. Assists Legal Counsel and senior legal staff in the preparation for litigation in cases of a more complex and difficult nature, and/or in cases with substantial liability exposure. Makes appearances on pre-trial matters; prepares and argues motions. 3. Assists Legal Counsel and senior legal staff with legal work in any functional area for County elected officials and departments in one or more legal specialties as assigned, and serves as backup to other assigned specialties; investigates facts; conducts legal research; prepares documents, memorandums and summaries; interviews witnesses and County staff; gathers information from departments, other jurisdictions and outside agencies. 4. Assists with the enforcement of the County Code; works with code enforcement staff to prepare for trial or hearings in code enforcement matters; prepares for and attends trials and hearings in code enforcement matters where appropriate; works with citizens and code enforcement staff to negotiate resolution of disputes where appropriate. 5. Advises County departments on appropriate action for general legal problems and issues; interprets federal, state and local legislation, statutes, rules and regulations; reviews and makes recommendations to Legal Counsel and senior legal staff on proposed policy or procedural changes; assists senior legal staff in conducting legal training for County employees. 6. Analyzes, researches, drafts and/or revises ordinances, resolutions, contracts, agreements, leases, deeds and other legal documents; advises on related legal issues. 7. Analyzes proposed state and federal legislation affecting County operations, advises and reports to senior legal staff on any relevant impact to County departments or operations. 8. Researches, studies and interprets the application of laws, court decisions and other legal authorities and precedents; performs general legal research, prepares legal opinions, memoranda, briefs, and other legal documents. 9. Interacts, confers and negotiates with, and responds to local government officials, city and county counsels, attorney general, and private attorneys regarding County legal matters, including negotiating contracts and agreements with outside agencies and governments. Assistant Legal Counsel 1(Revised September 2015) 2 10. Researches and analyzes County and local tax issues; assists Legal Counsel and senior legal staff in obtaining compliance of citizenry concerning local tax ordinances and requirements; assists senior legal staff in preparing for and prosecuting, and prepares for and prosecutes cases that go to trial and/or administrative hearing, and handles appeals therefrom. 11. Prepares for, attends, and acts as facilitator/advisor in hearings of the Dog Control Board of Supervisors; obtains working knowledge of the substantive and procedural aspects of such proceedings. ESSENTIAL FUNCTIONS Essential functions, as defined under the Americans with Disabilities Act, may include,but are not limited to, the following duties and responsibilities,knowledge, skills, and other characteristics. Depending upon assignment, incumbents may perform a combination of some or all of the following duties: 1. Prosecutes, defends, and appeals legal actions, suits, and other proceedings on behalf of the County; prepares and presents cases at trial,hearings, and on appeal; investigates facts, interviews and deposes witnesses; prepares motions and appears in court to argue them; prepares case reports and summaries; evaluates and negotiates out of court settlements. 2. Provides legal advice to the Board of County Commissioners, County officials, departments and various boards and commissions; attends public meetings and work sessions; advises on legal rights and responsibilities and other legal issues. 3. Advises and provides training to County department staff on appropriate action for a variety of legal problems and issues; interprets federal, state and local legislation, statutes, rules and regulations; upon request reviews, interprets and makes recommendations on County policy, including proposed changes to existing policies, practices, and procedures. 4. Reviews and analyzes proposed state and federal legislation affecting County operations; advises Board of County Commissioners, County officials, departments and various boards and commissions on implications of same; represents the County's interests at legislative hearings. 5. Researches and prepares ordinances, resolutions, contracts, agreements, leases, deeds and other legal documents; investigates and analyzes related legal issues. 6. Attends Board of County Commissioners work sessions, executive sessions, and business meetings. Attends meetings of other public bodies such as Planning Commission, and advises County officials on legal matters. 7. Prepares effective written opinions on legal issues; drafts contracts and agreements as assigned. 8. Researches, studies and interprets the application of laws, court decisions and other legal authorities and precedents for the preparation of cases, opinions and briefs. Assistant Legal Counsel 1(Revised September 2015) 3 9. Works well with other staff, public officials, the general public and representatives of other agencies; develops and maintains effective, professional, and respectful working relationships. 10. Effective oral and written communication skills; excellent command of the English language,punctuation, and grammar. 11. Mental and emotional stability; able to effectively handle stressful situations and difficult people. 12. Cognitive and intellectual acuity; ability to maintain mental focus for extended periods of time; ability to think critically and quickly in court and before other tribunals, in the office, at public hearings, and in other public forums. 13. Regular and reliable on-site attendance. 14. Ability to work long or irregular hours when necessary. 15. Performs related duties as assigned. QUALIFICATIONS Knowledge. Strong knowledge of the principles and techniques of legal research and writing. General knowledge of rules of civil procedure and evidence in federal and state trial and appellate courts,general knowledge of procedure and evidence and before Oregon administrative tribunals; administrative law and procedure; constitutional law, Oregon land use, and general principles of civil law. Some general knowledge of the principles and practices of municipal and local government law and practices preferred. Working knowledge of legal terminology, documentation, and office procedures. Excellent command of the English language, grammar, spelling and punctuation. Skills. Some experience in the presentation of cases and legal issues in the courtroom and before other tribunals, and in effectively presenting legal positions to judges,juries,arbitrators,hearings officers,legislative or administrative bodies, and the public. Able to draft findings of fact and legal � � p g ga conclusions in concise written form; interpret and apply legal principles; analyze problems and identify alternative solutions; communicate effectively,both orally and in writing;provide accurate and practical legal advice;negotiate transactions of low to moderate complexity to completion;work with regulatory agencies and authorities in establishing and complying with imposed requirements; establish and maintain effective working relationships with elected officials, government agencies, court system personnel,private and public attorneys, county employees and the general public. Abilities. Ability to conduct legal research effectively,to prepare sound legal opinions,to read and interpret laws, regulations, and legal rulings,to analyze and prepare a wide variety of legal documents. Ability to analyze facts, evidence and precedents to arrive at accurate legal conclusions; to set forth facts, legal argument, and opinions effectively and concisely in written and oral form;to effectively communicate in both oral and written form;to appear before a trial court, administrative or legislative body; to work within the ethical principles of the law in Oregon,including the government Assistant Legal Counsel I(Revised September 2015) 4 ethics (ORS Chapter 244)rules and the rules of professional responsibility promulgated by the Oregon State Bar. Ability to interpret and explain legal issues, solutions, and process. Ability to work independently and as part of a team on assigned tasks. Ability to organize,interpret,and apply complex legal principles. Ability to identify and recommend realistic alternative solutions to problems. Ability to become familiar with and follow department rules,procedures and protocols. Ability to work well with others. Ability to lift up to 20 pounds. Experience and Training. Graduation from an accredited school of law;licensed to practice law in Oregon at time of appointment.. Any satisfactory combination of experience and training that demonstrates possession of the required knowledge and skills for the position; no more than 5 years of attorney work experience at time of appointment. Licenses,Certificates,and Other. Must be a member in good standing with the Oregon State Bar at time of appointment. Must be willing to seek admission to the U.S. District Court of Oregon and the Ninth Circu i t Court of A pp eals. Must possess a valid Oregon driver's license and maintain an acceptable driving record throughout the course of employment. Accommodation request for an alternative method of transportation will be reviewed on an individual basis in compliance with state and federal law. Physical Demands. Position often requires standing,walking,keyboarding,talking, and sitting for extended periods of time; fingering, grasping,writing,hearing, seeing, and repetitive motions. Position requires occasional climbing, stooping,kneeling,crouching,reaching, and lifting of up to 20 pounds. Occasionally requires driving and travel. Working Environment. Work is performed both in the office and in the field with exposure to varying weather conditions,traffic, and hazardous conditions at work sites. May include exposure to disruptive, loud,or angry people. Other Requirements. Must successfully pass a criminal history check, which may include a review of national or state fingerprint records. MINIMUM RECRUITING STANDARDS Any satisfactory combination of experience and training that demonstrates possession of the required knowledge and skills for the position;no more than 5 years as a licensed attorney. ADDITIONAL INFORMATION This job classification description is not intended to be an exhaustive list of duties,knowledge, skills, abilities, or requirements, as any one position in this classification may be assigned some or all of these duties, in addition to other duties not explicitly listed here. The various duties,responsibilities and/or assignments of this position may be unevenly balanced and changed from time to time based upon matters such as,but not limited to,variations in the work schedule,work demands, staffing, seasons, service levels in management's decision on how to best allocated department resources. Any shift, emphasis or rebalancing of these assigned duties,responsibilities and/or assignments does not constitute a change in the job classification. Assistant Legal Counsel 1(Revised September 2015) 5 DESCHUTES COUNTY POSITION DESCRIPTION POSITION: ASSISTANT LEGAL COUNSEL H JOB CODE: DEPARTMENT: LEGAL COUNSEL FLSA: EXEMPT REPORTS TO: LEGAL COUNSEL PAY GRADE: POSITION SUMMARY This is the journey level class in the Assistant Legal Counsel classification series in the Legal Counsel Department. Under the direction of Legal Counsel,performs a variety of professional legal services for Deschutes County, its Board of County Commissioners, other elected officials, and departments requiring knowledge of, or ability to learn various areas of the law, including but not limited to municipal and Oregon public entity law, contracts and public procurement processes, litigation, tort, labor, land use, tax assessment and collection, construction,real property, constitutional and employment law. Participates in other civil matters, risk management, and other legal issues as needed. Provide legal advice and guidance to County officials; appear in court, administrative and other tribunals on behalf of the County; perform legal research and prepare legal documents and opinions; and perform other duties and tasks as assigned. All Assistant Legal Counsel classifications are at will positions serving at the pleasure of Legal Counsel. SUPERVISION RECEIVED AND EXERCISED Rece ive s g eneral supervision, direction, and assistance fr om Legal Counsel, who dete rmines goals and expectations, assigns work, and reviews work for effectiveness and conformance with policy and expectations. Supervision of other employees is generally not a responsibility of positions within this classification,however, may exercise some functional and/or technical supervision over legal assistants, paralegals, or law clerks, at the discretion of Legal Counsel. DISTINGUISHING CHARACTERISTICS Assistant Legal Counsel II reports to Legal Counsel and is the journey level position in the Assistant Legal Counsel classification series with substantial responsibility for assigned County departments and functions, such as tort litigation, land use, bankruptcy, tax matters, code enforcement, labor relations, employment and personnel matters, employee benefits issues, risk management, foreclosures, real property and development, environmental matters, contracts and procurement. Positions in this classification are flexibly staffed and are filled by advancement from the Assistant Legal Counsel I level; or when filled from the outside,require prior training, substantial experience, and developed skill in relevant practice areas. Incumbents will have at least 5 years of demonstrated professional attorney work experience at the time of appointment. Assistant Legal Counsel H(Revised October 2015) 1 Incumbents are expected to perform the full range of duties assigned with minimal assistance and direction, and to meet the minimum qualification standards. This classification is distinguished from the Assistant Legal Counsel I by the level of responsibility assumed, independence of work product, and the complexity of duties assigned. Incumbents in this classification(1) receive limited instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the Department, and(2) are eligible for merit-based advancement to the Assistant Legal Counsel III classification. TYPICAL TASKS AND DUTIES Tasks and duties in this classification may include, but are not limited to, the following: 1. Under the direction of Legal Counsel,prosecutes and defends legal actions, suits, and other proceedings on behalf of the County regarding land use, code enforcement, tax appeals, civil rights, tort claims, contract disputes, employment claims, and general municipal and administrative law on behalf of the County; prepares and presents cases at trial,hearing, and on appeal; researches and analyzes legal and factual issues; interviews and deposes witness; prepares legal pleadings, motions, case reports and summaries; evaluates, recommends, and negotiates out of court settlements. Represents the County before administrative tribunals and/or at arbitration. 2. Provides professional legal counsel and work in any functional area for County elected officials and departments in one or more specialties, and serves as back up to other assigned specialties; provides legal counsel to County officials, assigned County departments, various Boards and Commissions, managerial and supervisory employees; advises on legal rights and responsibilities and other legal issues; attends public meetings and work sessions; investigates facts; conducts legal research; manages schedules, prepares documents,memorandums and reports summaries; interviews witness and County personnel; gathers information from County departments, others jurisdictions and outside agencies; conducts legal training for County staff. 3. Advises County elected officials and departments on appropriate action for general legal problems and issues; interprets federal, state, and local legislation, statutes, rules and regulations; reviews and makes recommendations to Legal Counsel, senior legal staff, the Board of Commissioners; and directly to department heads, managerial and supervisory staff on proposed policy or procedural changes; assists with risk management,public relations and media issues. 4. Analyzes, researches, drafts and/or revises ordinance, resolutions, contracts, agreements, leases, deeds, and other legal documents; advises on related legal issues. 5. Prepares and analyzes proposed state and federal legislation affecting County operations; advises and reports on any relevant impacts to County departments or operations. 6. Researches, studies and interprets the application of laws, court decisions and other legal authorities and precedents; prepares legal opinions, memoranda, briefs, and other legal documents. Assistant Legal Counsel 11(Revised October 2015) 2 7. Interacts, confers, and negotiates with, and responds to local government officials, city and county counsels, attorneys general, and private attorneys regarding County legal matters, including negotiating contracts and agreements with outside agencies and governments. 8. Researches, reviews,prepares, negotiates and assists with real property transactions and related documents, including offers,purchase and sale agreements, leases, options, deeds, contracts, easements, escrow agreements, disposition and development agreements, and urban renewal related activities. 9. Researches, reviews, negotiates, assists with and ensures compliance with all applicable federal, state and other governmental regulations, including environmental and land use requirements; occupational health and safety requirements; employee benefits, health insurance, and compensation requirements; civil rights and protected class requirements; relevant employment and labor requirements, etc. 10. Negotiates,prepares and assists in financial transactions including loans, credit facilities, debentures, general and revenue bond financings; ensures compliance with all applicable state and federal public statutes and regulations. 11. Researches and analyzes County and local tax issues; advises County officials and staff regarding same; obtains compliance of citizenry concerning local tax ordinances and requirements; prepares for and prosecutes cases concerning local tax issues that go to trial and/or administrative hearing, and handles appeals therefrom. ESSENTIAL FUNCTIONS Essential functions, as defined under the Americans with Disabilities Act, may include, but are not limited to, the following duties and responsibilities, knowledge, skills, and other characteristics. Depending upon assignment, incumbents may perform a combination of some or all of the following duties: 1. Prosecutes and defends legal actions, suits and other proceedings on behalf of the County; prepares and presents cases at trial, in hearings, and on appeal; investigates facts, interviews and deposes witnesses; prepares motions and appears in court to argue them; prepares case reports and summaries; evaluates, negotiates, and recommends out of court settlements. 2. Provides legal advice to the Board of County Commissioners, County officials, departments and various boards and commissions; attends public meetings and work sessions; advises on legal rights and responsibilities and other legal issues. 3. Advises and provides training to County department staff on appropriate action for a variety of legal problems and issues; interprets federal, state and local legislation, statutes, rules and regulations; upon request reviews, interprets and makes recommendations on County policy, including proposed changes to existing policies, practices, and procedures. Assistant Legal Counsel 11(Revised October 2015) 3 4. Develops general legal strategies for sensitive cases and issues; assists in the development of policies, procedures and work plans,makes recommendations on work priorities. 5. Reviews and analyzes proposed state and federal legislation affecting County operations; advises Board of County Commissioners, County officials, departments and various boards and commissions on implications of same. 6. Researches and prepares ordinances, resolutions, contracts, agreements, leases, deeds and other legal documents; investigates and analyzes related legal issues. 7. Researches, studies and interprets the application of laws, court decisions and other legal authorities and precedents; prepares legal opinions,memoranda and briefs. 8. Attends Board of County Commissioners work sessions, executive sessions, and business meetings. Attends meetings of other public bodies such as Planning Commission, and advises County officials on legal matters. 9. Works well with other staff, public officials, the general public and representatives of other agencies; develops and maintains effective, professional, and respectful working relationships. 10. Effective oral and written communication skills; excellent command of the English language, punctuation, and grammar. 11. Mental and emotional stability; able to effectively handle stressful situations and difficult people. 12. Cognitive and intellectual acuity; ability to maintain mental focus for extended periods of time; ability to think critically and quickly in court and before other tribunals, in the office, at public hearings, and in other public forums. 13. Regular and reliable on-site attendance. 14. Ability to work long or irregular hours when necessary. 15. Performs related duties as assigned. QUALIFICATIONS Knowledge. Demonstrated knowledge of the principles and practices of municipal and local government law;the principles and techniques of legal research and writing; civil trial procedure and the rules of evidence in federal and state courts, and in administrative tribunals; legal terminology; federal, state and local statutes,regulations,rules and ordinances applicable to County activities and functions, including those relevant to municipal liability,public records and meetings, torts, contracts,real property and land use,urban renewal, ethics and public financing; principals and techniques of effective negotiation; organization of County government; County ordinances, Assistant Legal Counsel 11(Revised October 2015) 4 rules and policies; department policies and procedures; liability and risk management principles; principles of labor relations; appellate procedures in both state and federal courts; administrative law and procedures; constitutional law; and local government and administrative practices. Working knowledge of legal terminology, documentation, and office procedures. Excellent command of the English language, grammar, spelling and punctuation. Skills. Skilled in the presentation of cases and legal issues in the courtroom and before other tribunals, and in effectively presenting legal positions to judges,juries, arbitrators,hearings officers, legislative or administrative bodies, and the public. Advanced skill in drafting legal pleadings, arguments,motions, and persuasive memoranda. Adept at establishing findings of fact and decisions in concise written form;interpreting and applying legal principles; analyzing problems and identifying alternative solutions; communicating effectively,both orally and in writing; providing accurate and practical legal advice; effectively presenting legal positions to judges,juries, hearings officers and the public; negotiating transactions of moderate to significant complexity to completion; working with regulatory agencies and authorities in establishing and complying with imposed requirements; establishing and maintaining effective working relationships with elected officials, government agencies, court system personnel, private and public attorneys, County employees and the general public. Abilities. Ability to conduct legal research effectively and to prepare sound legal opinions, to read and interpret laws and regulations, to analyze and prepare a wide variety of legal documents. Ability to analyze facts, evidence and precedents to arrive at accurate legal conclusions; to set forth facts, legal argument, and opinions effectively and concisely in written and oral form; to effectively communicate in both oral and written form; to appear before a trial court, administrative or legislative body; to work within the ethical principles of the law in Oregon, including the government ethics (ORS Chapter 244)rules and the rules of professional responsibility promulgated by the Oregon State Bar. Ability to organize, interpret, and apply complex legal principles. Ability to identify and recommend realistic alternative solutions to problems. Ability to interpret and explain legal issues, solutions, and process. Ability to work independently and as part of a team on assigned tasks. Ability to organize, interpret, and apply complex legal principles. Ability to identify and recommend realistic alternative solutions to problems. Ability to become familiar with and follow department rules, procedures and protocols. Ability to work well with others. Ability to lift up to 20 pounds. Experience and Training. Graduation from an accredited school of law, and a license to practice law in Oregon at time of appointment. Must possess a minimum of five(5)years of progressively responsible legal experience as a practicing attorney with an emphasis in civil law. Otherwise, any combination of experience and training that would likely provide the required knowledge and skills for a position in this classification. Licenses,Certificates, and Other. Must be a member in good standing with the Oregon State Bar at time of appointment. Must be willing to seek admission to the US District Court of Oregon and the Ninth Circuit Court of Appeals. Must possess a valid state drives license with an acceptable driving record;must maintain an acceptable driving record throughout the course of employment. Accommodation request for an alternative method of transportation will be reviewed on an individual basis in compliance with state and federal law. Assistant Legal Counsel 11(Revised October 2015) 5 Physical Demands. Position often requires standing,walking, keyboarding,talking, and sitting for extended periods of time; fingering, grasping, writing, hearing, seeing, and repetitive motions. Position requires occasional climbing, stooping,kneeling, crouching,reaching, and lifting of up to 20 pounds. Occasionally requires driving and travel. Working Environment. Work is performed both in the office and in the field with exposure to varying weather conditions,traffic, and hazardous conditions at work sites. May include exposure to disruptive, loud,or angry people. Other Requirements. Must successfully pass a criminal history check,which may include a review of national or state fingerprint records. MINIMUM RECRUITING STANDARDS Any satisfactory combination of experience, skills and training that demonstrates possession of the required knowledge and skills for the position; a minimum of five(5)years of progressively responsible experience as a practicing attorney with an emphasis in civil law. ADDITIONAL INFORMATION This job classification description is not intended to be an exhausted list of duties,knowledge, skills, abilities, or requirements, as any one position in this classification may be assigned some or all of these duties, in addition to other duties not explicitly listed here. The various duties,responsibilities and/or assignments of this position may be unevenly balanced and changed from time to time based upon matters such as,but not limited to,variations in the work schedule,work demands, seasons, service levels in management's decision on how to best allocated department resources. Any shift, emphasis or rebalancing of these assigned duties,responsibilities and/or assignments does not constitute a change in the job classification. Assistant Legal Counsel II(Revised October 2015) 6 DESCHUTES COUNTY POSITION DESCRIPTION POSITION: ASSISTANT LEGAL COUNSEL III JOB CODE: DEPARTMENT: LEGAL COUNSEL FLSA: EXEMPT REPORTS TO: LEGAL COUNSEL PAY GRADE: POSITION SUMMARY This is the advanced journey level class in the Assistant Legal Counsel classification series in the Legal Counsel Department. Has substantial independent legal responsibility and authority for assigned County departments and/or functions and at least one major legal specialty. Performs a variety of professional legal work of considerable complexity and often substantial exposure for Deschutes County and its Board of Commissioners, departments and other elected officials requiring knowledge of, and experience in, various areas of the law, including but not limited to, municipal and Oregon public entity law, contracts and public procurement processes, litigation, tort, labor, land use, tax assessment and collection, construction,real property, constitutional and employment law. Participates and provides counsel in other civil matters, risk management, and other legal issues as needed. Leads and guides projects with junior level attorneys, paralegals and legal assistants, and other staff. Provides legal advice and guidance directly to County elected officials and administrative and managerial staff; appears in court, administrative and other tribunals on behalf of the County in cases of the highest complexity and risk, performs legal research and prepares legal documents and opinions; performs other legally related duties and tasks as needed. All Assistant Legal Counsel classifications are at will positions serving at the pleasure of Legal Counsel. SUPERVISION RECEIVED AND EXERCISED Receives general direction and assistance from Legal Counsel, who determines goals and expectations,may assign work, and reviews work for effectiveness and conformance with policy and expectations. At the discretion of Legal Counsel, may exercise both functional and technical supervision over attorneys in the Assistant Legal Counsel I and II classifications as well as over paralegals, legal assistants, or law clerks, within the Legal Counsel's office. DISTINGUISHING CHARACTERISTICS Assistant Legal Counsel III reports to Legal Counsel and is the advanced journey level position in the Assistant Legal Counsel classification series with independent legal responsibility for assigned County departments and functions and at least one major legal specialty, such as tort litigation, land use,bankruptcy, tax matters, code enforcement, labor relations, employment and personnel matters, employee benefit issues, worker's compensation, risk management, Assistant Legal Counsel 111(Revised October 2015) 1 foreclosures, real property and development, environmental matters, contracts and procurement. Positions in this classification are flexibly staffed and are filled by advancement from the Assistant Legal Counsel II level; or when filled from the outside, require prior training, substantial experience, and advanced skill in relevant practice areas. As needed, and at the discretion of Legal Counsel, incumbents in this classification oversee projects and project teams with other attorneys and legal staff and may be assigned as a primary back up for major legal specialties and departments. The Assistant Legal Counsel III may represent the Legal Counsel Department in the absence of the Legal Counsel. Incumbents will have at least 10 years of demonstrated professional attorney work experience at the time of appointment. Incumbents are expected to perform the full range of duties assigned independently or with minimal assistance and direction, and to meet the minimum qualification standards. This classification is distinguished from other classes within the series by the level of responsibility assumed, the complexity of duties assigned or required, and/or the level of exposure associated with the matters undertaken. Incumbents perform the most difficult and responsible types of duties assigned to classifications within the Assistant Legal Counsel classification series. Incumbents are required to be fully trained in all procedures related to assigned areas of responsibility. TYPICAL TASKS AND FUNCTIONS Duties may include, but are not limited to, the following: 1. Prosecutes, defends and appeals legal actions, suits, and other proceedings regarding land use, civil rights, tort claims, contracts related business disputes, code enforcement, tax appeals, civil rights, tort claims, contract disputes, employment claims, and general municipal and administrative law on behalf of the County; prepares and presents cases at trial, hearing, and on appeal; researches and analyzes legal issues; investigates and analyzes facts; interviews and deposes witness; prepares legal pleadings,motions, case reports and summaries; evaluates, recommends, and negotiates out of court settlements; coordinates the claim investigation and response activities of County departments and the offices of County elected officials. Represents the County before administrative tribunals and/or at arbitration. 2. Provides legal counsel directly to the Board of Commissioners, County elected officials, assigned County departments, various boards and commissions; attends public meetings and work sessions; advises on legal rights and responsibilities and other legal issues; analyzes, researches, drafts and/or revises ordinance, resolutions, contracts, agreements, and other legal documents. 3. Acts as the primary legal resource for assigned County departments and elected officials in one or more legal specialties; directly advises County departments and elected officials on appropriate action for a variety of legal problems and issues, including risk management and loss prevention policies and measures; researches, analyzes, advises, and applies liability factors and risk management principles; trains County personnel in areas of assigned legal specialty; interprets federal, state and local legislation, statutes,rules and regulations; reviews and makes Assistant Legal Counsel Ill(Revised October 2015) 2 recommendations on proposed policy or procedural changes; assists County departments and offices with risk management, public relations and media issues. 4. Provides professional legal counsel and work in any functional area for County elected officials and departments in one or more specialties, and serves as back up to other assigned specialties; provides legal counsel to County officials, assigned County departments, various Boards and Commissions, managerial and supervisory employees; advises on legal rights and responsibilities and other legal issues; attends public meetings and work sessions; investigates facts; conducts legal research; manages schedules, prepares documents, memorandums and reports summaries; interviews witness and County personnel; gathers information from County departments, others jurisdictions and outside agencies; conducts legal training for County staff. 5. At the discretion of Legal Counsel, directs and evaluates the work of attorneys in junior classifications, paralegals, legal assistants, and law clerks involved in County legal matters; plans, organizes and leads staff projects and assignments; develops general legal strategies for sensitive, complex, and/or high risk cases and issues; assists in the development of policies, procedures and work plans; makes recommendations on work priorities. 6. Prepares and analyzes proposed state and federal legislation affecting County operations; advises and reports on any relevant impacts to County departments or operations; represents the County's interest at legislative hearings. 7. Researches, studies and interprets the application of laws, court decisions and other legal authorities and precedents; prepares legal opinions, memoranda, briefs, and other legal documents. 8. Interacts, confers and negotiates with, and responds to local government officials, city and county counsels, attorneys general, and private attorneys regarding County legal matters, including negotiating contracts and agreements with outside agencies and governments. 9. Negotiates and bargains labor agreements and those issues subject to bargaining; defends County departments in labor disputes before the Employment Relations Board, at arbitration, or in court; consults with County and department administration, elected officials, and management staff on labor relations issues. 10. Researches, reviews, prepares, and negotiates complex real property transactions and related documents, including offers, purchase and sale agreements, leases, options, deeds, contracts, easements, escrow agreements, disposition and development agreements, and urban renewal related activities. 11. Researches, reviews, negotiates, assists with and ensures compliance with all applicable federal, state and other governmental regulations, including environmental and land use requirements; occupational health and safety requirements; employee benefits, health insurance, and compensation requirements; civil rights and protected class requirements; relevant employment and labor requirements, etc. Assistant Legal Counsel III(Revised October 2015) 3 12. Negotiates, prepares and assists in financial transactions including loans, credit facilities, debentures, general and revenue bond financings; ensures compliance with all applicable state and federal public statutes and regulations. 13. Researches and analyzes County and local tax issues; advises County officials and staff regarding same; obtains compliance of citizenry concerning local tax ordinances and requirements; prepares for and prosecutes cases concerning local tax issues that go to trial and/or administrative hearing, and handles appeals therefrom. ESSENTIAL FUNCTIONS Essential functions, as defined under the Americans with Disabilities Act,may include,but are not limited to, the following duties and responsibilities, knowledge, skills, and other characteristics. Depending upon assignment, incumbents may perform a combination of some or all of the following duties: 1. Prosecutes, defends, and appeals legal actions, suits and other proceedings on behalf of the County; prepares and presents cases at trial, in hearings, and on appeal; investigates facts, interviews and deposes witnesses; prepares motions and appears in court to argue them; prepares case reports and summaries; evaluates, negotiates, and recommends out of court settlements. 2. Provides legal advice to the Board of County Commissioners, County officers, departments and various boards and commissions; attends public meetings and work sessions; advises on legal rights and responsibilities and other legal issues. 3. Advises and provides training to County department staff on appropriate action for a variety of legal problems and issues; interprets federal, state and local legislation, statutes, rules and regulations; upon request reviews, interprets and makes recommendations on County policy, including proposed changes to existing policies, practices, and procedures. 4. Develops general legal strategies for sensitive cases and issues; assists in the development of policies,procedures and work plans, makes recommendations on work priorities. 5. Reviews and analyzes proposed state and federal legislation affecting County operations; advises Board of County Commissioners, County officials, departments and various boards and commissions on implications of same; represents the County's interests at legislative hearings. 6. Researches and prepares ordinances, resolutions, contracts, agreements, leases, deeds and other legal documents; investigates and analyzes related legal issues. 7. Researches, studies and interprets the application of laws, court decisions and other legal authorities and precedents; prepares legal opinions,memoranda and briefs. 8. Attends Board of County Commissioners work sessions, executive sessions, and business meetings. Attends meetings of other public bodies such as Planning Commission, and advises County officials on legal matters. Assistant Legal Counsel III(Revised October 2015) 4 9. Works well with other staff,public officials, the general public and representatives of other agencies; develops and maintains effective, professional, and respectful working relationships. 10. Effective oral and written communication skills; excellent command of the English language,punctuation, and grammar. 11. Mental and emotional stability; able to effectively handle stressful situations and difficult people. 12. Cognitive and intellectual acuity; ability to maintain mental focus for extended periods of time; ability to think critically and quickly in court and before other tribunals, in the office, at public hearings, and in other public forums. 13. Regular and reliable on-site attendance. 14. Ability to work long or irregular hours when necessary. 15. Performs related duties as assigned. QUALIFICATIONS Knowledge. Considerable knowledge of the principles and practices of municipal and local government law;the principles and techniques of legal research and writing; civil trial procedure and the rules of evidence in federal and state courts, and in administrative tribunals; appellate procedures in state and federal courts; legal terminology; federal, state and local statutes, regulations, rules and ordinances applicable to County activities and functions,including those relevant to municipal liability, public meetings,torts, contracts,real property and land use, urban renewal,public records, ethics and public financing; principals and techniques of negotiation in complex transactions;principals and techniques of leading legal projects and supervising attorneys and legal staff; liability and risk management principles;organization of County government; County ordinances,rules and policies; department policies and procedures;principles of labor relations and employment law; appellate procedures in both state and federal courts; administrative law and procedures; constitutional law; and local government and administrative practices. Working knowledge of legal terminology, documentation, and office procedures. Excellent command of the English language, grammar, spelling and punctuation. Skills. Advanced skill in the presentation of cases and legal issues in the courtroom and before other tribunals, and in effectively presenting legal positions to judges,juries,arbitrators,hearings officers, legislative or administrative bodies, and the public. Advanced skill in drafting legal pleadings, arguments,motions, and persuasive memoranda. Adept at establishing findings of fact and decisions in concise written form; interpreting and applying legal principles; analyzing problems and identifying alternative solutions; communicating effectively,both orally and in writing;providing accurate and practical legal advice; effectively presenting legal positions to judges,juries,hearings officers and the public; negotiating transactions of moderate to significant Assistant Legal Counsel III(Revised October 2015) 5 complexity to completion; working with regulatory agencies and authorities in establishing and complying with imposed requirements; establishing and maintaining effective working relationships with elected officials, government agencies,court system personnel,private and public attorneys, County employees and the general public. Abilities. Ability to conduct legal research effectively and to prepare sound legal opinions, to read and interpret laws and regulations, to analyze and prepare a wide variety of legal documents. Ability to analyze facts, evidence and precedents to arrive at accurate legal conclusions; to set forth facts, legal argument, and opinions effectively and concisely in written and oral form; to effectively communicate in both oral and written form; to appear before a trial court, administrative or legislative body; to work within the ethical principles of the law in Oregon, including the government ethics (ORS Chapter 244) rules and the rules of professional responsibility promulgated by the Oregon State Bar. Ability to organize, interpret, and apply complex legal principles. Ability to identify and recommend realistic alternative solutions to problems. Ability to interpret and explain legal issues, solutions, and process. Ability to work independently and as part of a team on assigned tasks. Ability to organize, interpret, and apply complex legal principles. Ability to identify and recommend realistic alternative solutions to problems. Ability to become familiar with and follow department rules, procedures and protocols. Ability to work well with others. Ability to lift up to 20 pounds. Experience and Training.Graduation from an accredited school of law, and a license to practice law in Oregon at time of appointment. Must possess a minimum of ten(10)years of progressively responsible legal experience as a practicing attorney with an emphasis in civil law. One(1)year of lead or supervisory experience is highly desirable. Otherwise, any combination of experience and training that would likely provide the required knowledge and skills for a position in this classification. Licenses,Certificates, and Other. Must be a member in good standing with the Oregon State Bar at time of appointment. Must be willing to seek admission to the US District Court of Oregon and the Ninth Circuit Court of Appeals. Must possess a valid state drivers license with an acceptable driving record; must maintain an acceptable driving record throughout the course of employment. Accommodation request for an alternative method of transportation will be reviewed on an individual basis in compliance with state and federal law. Physical Demands. Position requires occasional climbing, stooping,kneeling, crouching,reaching, and lifting. Position often requires standing,walking, and sitting for extended periods of time; fingering, grasping,talking,hearing, seeing, and repetitive motions. Occasionally requires exerting up to 20 pounds of force to move objects. Occasionally requires driving and travel. Working Environment. Work is performed both in the office and in the field with exposure to varying weather conditions, traffic, and hazardous conditions at work sites. May include exposure to disruptive, loud, or angry people. Other Requirements. Must successfully pass a criminal history check,which may include a review of national or state fingerprint records. Assistant Legal Counsel III(Revised October 2015) 6 MINIMUM RECRUITING STANDARDS Any satisfactory combination of experience and training that demonstrates possession of the required knowledge and skills for the position; a minimum of ten(10)years of progressively responsible experience as a practicing attorney with an emphasis in civil law. ADDITIONAL INFORMATION This job classification description is not intended to be an exhausted list of duties,knowledge, skills, abilities, or requirements,as any one position in this classification may be assigned some or all of these duties, in addition to other duties not explicitly listed here. The various duties,responsibilities and/or assignments of this position may be unevenly balanced and changed from time to time based upon matters such as,but not limited to,variations in the work schedule,work demands, seasons, service levels in management's decision on how to best allocated department resources. Any shift, emphasis or rebalancing of these assigned duties,responsibilities and/or assignments does not constitute a change in the job classification. Assistant Legal Counsel 111(Revised October 2015) 7