2018-458-Minutes for Meeting October 10,2018 Recorded 11/2/2018��Ln BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County CJ2018-458
Nancy Blankenship, County Clerk
Commissioners' Journal 11 /02/2018 9:58:05 AM
2018-458
FOR RECORDING STAMP ONLY
W91101111111M
Present were Commissioners Tammy Baney and Phil Henderson. Commissioner DeBone was absent,
excused. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County
Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. Several
citizens and representatives of the media were in attendance.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx
CALL TO ORDER: Vice Chair Henderson called the meeting to order at 9:02 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: None was offered.
CONSENT AGENDA: Before the Board was Consideration of Approval of the
Consent Agenda. Commissioner Baney requested to pull Items 1 and 3 for
further review.
BAN EY: Move approval of Consent Agenda Item 2.
HENDERSON: Second.
BOCC BUSINESS MEETING OCTOBER 10, 2018 PAGE 1 OF 4
VOTE: BAN EY: Yes.
HENDERSON: Chair votes yes. Motion Carried
DEBONE: Absent, excused.
Consent Agenda Items:
1. Consideration of Board Signature of Document No. 2018-678, a Collective
Bargaining Agreement with FOPPO
2. Consideration of Board Signature of Resolution No. 2018-042, Budget
Adjustment District Attorney Grant
3. Approval of Minutes of the September 24, 2018 Work Session
ACTION ITEMS
4. DELIBERATIONS: for an Appeal of a Hearings Officer's Decision that
Paved Taxiway Violates the Open Space Requirement for Eagle Air
Estates Cluster Subdivision
Peter Russell, Senior Transportation Planner presented the item along with
the decision matrix of key issues. The Board made their recommendations
and Mr. Russell will bring the written findings and decision to a future
meeting for consideration and formal approval.
5. PUBLIC HEARING: Appeal of Marijuana Production at 63775 Diamond
Forge Road, Bend
Matt Martin, Community Development Department outlined the hearing
procedures. Upon hearing no conflicts of interest or challenges, Vice Chair
Henderson opened the public hearing. Mr. Martin presented the staff
report.
BOCC BUSINESS MEETING OCTOBER 10, 2018 PAGE 2 OF 4
The applicant, Andrew Anderson presented his testimony and the issues with
his marijuana production application. Issues with noise, odor, and engineer's
opinion and report on the systems were discussed. Mr. Anderson stated he
feels the Boards interpretation of the criteria doesn't matter and feels the
Board is unreasonable.
The appellant, Todd and Denise Fitzmaurice presented his testimony. Mr.
and Mrs. Maurice are neighbors to the subject property. Diamond Forge
Road is a local access, public use road that is not maintained by the County;
the condition of the roadway surface is poor and is not regularly maintained.
Additional traffic will only make the condition worse. The speed limits on
the road are a concern as well.
Bill Tye, is a licensed mechanical engineer and resident of Alfalfa and
presented testimony. Mr. Tye presented his concern with water usage with
marijuana production operations and is unclear of the square footage
proposed in the subject application. Mr. Tye reported if this operation was
approved it would be the eighth marijuana production in Alfalfa. Mr. Tye
commented on noise and odor concerns with the marijuana grows.
Mr. Anderson provided rebuttal. Commissioner Baney asked about the will
serve letter for water hauling and inquired for clarification what the proposal
is for the application. Commissioner Henderson commented on the will
serve letter and requesting clarification as well. Mr. Martin explained the
water use criteria for the subject application. Commissioner Baney asked
about the condition of the road. Mr. Anderson commented on the speed
limit and road improvements. Peter Russell, Senior Transportation Planner
commented on non -County road responsibilities.
Discussion was held on the record timeline. A 7-7-7 timeline will be used and
the deliberations will come before the Board in November.
OTHER ITEMS: None were offered.
BOCC BUSINESS MEETING OCTOBER 10, 2018 PAGE 3 OF 4
Being no further items to come before the Board, the meeting was adjourned at 11:28 a.m.
DATED this Day of 77� _ 2018 for the Deschutes County Board of
Commissioners.
ANTHONY DEBONE, CHAIR
BOCC BUSINESS MEETING OCTOBER 10, 2018 PAGE 4 OF 4
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
9:00 AM, WEDNESDAY, OCTOBER 10, 2018
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public. To watch it online, visit www.deschutes.org/meetings. Business Meetings are
usually streamed live online and video recorded.
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board's ability to address other topics.
Meetings are subject to cancellation without notice.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues
that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the
Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to
speak. PLEASE NOTE. Citizen input regarding matters that are or have been the subject of a public hearing not
being conducted as a part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or other printed matter as part of your
testimony during a public hearing, please be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
CONSENT AGENDA
1. Consideration Board Signature of Document No. 2018-678, a Collective Bargaining
Agreement with FOPPO
Board of Commissioners Business Meeting Agenda Wednesday, October 10, 2018 Page 1
of 2
2. Consideration of Board Signature of Resolution No. 2018-042, Budget Adjustment
District Attorney Grant
3. Approval of Minutes of the September 24, 2018 Work Session
ACTION ITEMS
4. DELIBERATIONS: for an Appeal of a Hearings Officer's Decision that Paved Taxiway
Violates the Open Space Requirement for Eagle Air Estates Cluster Subdivision -
Peter Russell, Senior Planner
5. PUBLIC HEARING: Appeal of Marijuana Production at 63775 Diamond Forge Road,
Bend - Matthew Martin, Associate Planner
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.
ADJOURN
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.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.orglmeetingcalendar
Meeting dates and times are subject to change. If you have question, please call (541) 388-6572.
Board of Commissioners Business Meeting Agenda Wednesday, October 10, 2018 Page 2
of 2
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of October 10, 2018
DATE: October 4, 2018
FROM: Erik Kropp, Administrative Services, 541-388-6584
TITLE OF AGENDA ITEM:
Consideration Board Signature of Document No. 2018-678, a Collective Bargaining
Agreement with FOPPO
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Board Approval of Document 2018-678, a Collective Bargaining
Agreement Between Deschutes County and the Federation of Oregon Parole and
Probation Officers
CONTRACTOR: N/A
AGREEMENT TIMEFRAME: Starting Date: 7-1-18 Ending Date: 6-30-23
INSURANCE:
Insurance Certificate Required: No
Insurance Review Required by Risk Management: N/A
BACKGROUND AND POLICY IMPLICATIONS:
The Federation of Oregon Parole and Probation Officers (FOPPO) is the labor union for Deschutes County Parole
and Probation Officers in the Community Justice Department. The collective bargaining agreement with FOPPO
ended on June 30, 2018, although the terms and conditions remain in place until a successor agreement is
approved.
The new collective bargaining agreement is a 5 -year contact effective July 1, 2018 - June 30, 2023. The
agreement includes a new seven step wage scale and a 1.5% - 3.5% COLA equal to the Consumer Price Index
(CPI) effective July 1, 2019; a 1.5% - 3.5% COLA equal to the Consumer Price Index (CPI) effective July 1,
2020; a 1.5% - 3.5% COLA equal to the Consumer Price Index (CPI) effective July 1, 2021; and a 1.5% - 3.5%
COLA equal to the Consumer Price Index (CPI) effective July 1, 2022. For the calculation of the COLA, the
contract uses the January to January percentage change from the US CPI All Cities index.
FOPPO's bargaining team included Lydia McNaughton, Lance Baker, Karen Vinson, and Seth Davis.
The County's bargaining team included John Laherty, Tanner Wark, Trevor Stephens, Jason Bavuso, and Justin
Bendele.
Employees represented by FOPPO voted to ratify the labor agreement
FISCAL IMPLICATIONS: Funds will be budgeted in future years.
TTENDANCE: John Laherty and Erik Kropp
FAT
1 1011 ON MAN N M0
DESCHUTES COUNTY
OFFICERS
July 1, 2018 — June 30, 2023
1
PROBATION QFFICERS.
July 1, 2018 —diting,30,2023
TABLE OF CONTENTS
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ARTICLE l —Rl�C()Gl�1ll(JN _.--........~....-----~----------_----_—_--_---
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ARTICLE 2— FEDERATION SECURITY ......................... ............. .----............................. .................
,3
ARTICLE 3— MANAGEMENT RIGHTS ..... ...... ....... ................ ......... .~_,,_.,,,,_,,_~,__._',,.~.^4
ARTICLE 4—NON-DISCRIMINATION ..................................... ...... .—........................ .................................
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ARTICLE5—PROBATIONARY EMPLOYEES .......................... ............. .....................................................
5
ARTICLE 6—DISCIPLINE AND DISCHARGE ............... .--.^......... .........................................................
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ARTICLE7 - GRIEVANCE PROCEDURE .................... —............. ,,~.... .... .......... .............. .... ... .........
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ARTICLE8 —0ALARY ........................ —.................................... .—.............. ...........
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ARTICLE g—CALL BACK TIME AND AFTER I{(]lJB8 CALL3.:................... ................................... .....
10
ARTICLElU—HOURS OF WORK ............. ~...................... ...... ......... ...... ............... ............. ........ .........
l2
ARTICLE ll—OVERTIME AND COMPENSATORY TIME ......... --............................. .................... ....
l3
ARTICLE l2— 8AND LEAD PAY .............................. .... ................... ...... ..l3
ARTICLE 13 —`//\C��Y4C1t�8---...~—.....--~...__,._,~,,,._.,.,.`.,~.~,.,,,,_,_',^.,.,__,_..
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ARTICLE l4—PERFORMANCE EVALUATIONS .......... ........... ............................................ ....................
l5
ARTICLE15 — PERSONNEL FILE ....................... ...................... ............... ..................... .............. —.....
15
ARTICLE l6—LONGEVITY AND LENGTH OF SERVICE ................................................... ............ —..
15
ARTICLE l7—SENIORITY AND LAY()FP—........ ............. ___ ............ .......... ___ ~.................. ^... ..........
I6
ARTICLEl8—HOLIDAYS ................................................................... .........................................................
l7
ARTICLE lg—TI0�ED�A��A/�Ey�1�]NI----,------...—.--....~,_,____,,,,__,__,,_~.
l8
ARTICLE %0—RELIEF COVERAGE .................. .—......... ......... ...... ............. ............ ............. ................
19
ARTICLE21 —SICK LEAVE ..................................... ~.......... .~.............. .............. ................ .,..............
19
ARTICLE22—LEAVES OF ABSENCE .................. -----.............. ....... ................................ ........ .....
20
ARTICLE23—HEALTH AND WELFADE.................... .......... ........................... .^...................................
2l
AIlIICL224—llBI1UJ��8824I...--.—..—,~—...~.------.—_—.`,—_,_._______^____ ___..
23
ARTICLE25—TRAVEL EXPENSES ........... ....... .............................. ........................ ........................ —.....
24
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24
ARTICLE 27 ' PROFESSIONAL DEVELOPMENT ................................................................. ............ .... '25
ARTICLE %8—DEPARTMENTAL RULES, POLICIES AND PROCEDURES ........................... ........... —..25
ARTICLE29—RIGHT TOCONTRACT ........ .... .--................. ............. —..... ... —...................... ~......
25
/�I(TI(�LE 30 - SDPAl�1BILIT?�--------...--_---_`..--.------_____~_~,—__—.
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ARTICLE32 - TERM OF THE AGREEMENT ........................... .......................................... .................. ..26
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PIZEAMI3I.E
This Agreement is made and entered into by and between Deschutes County (hereinafter the County) and the
Federation of Oregon Parole and Probation Officers, (hereinafter the Federation) for the purpose of fixing wages,
hours, benefits, and mandatory conditions of employment and other matters affecting members of the bargaining
unit as certified by the Employment Relations Board.
It is also the purpose of this Agreement to promote the mutual interests of County and its employees and to
provide for the operation of the County's business under methods which will further, to the fullest extent possible,
the safety of the employees, economy and efficiency of operation, elimination of waste, realization of maximum
quantity and quality of output, cleanliness, protection of property and avoidance of interruptions to production.
The parties will cooperate fully to secure the advancement and achievement of these purposes.
ARTI 1,4E I—RECO(rNiTm
Section 1
The Employer recognizes the Federation as the sole and exclusive bargaining agent for all adult parole and
probation officers as defined in ORS 181.610, employed by the County, excluding supervisory and confidential
employees, adult parole and probation officers employed for less than one-half (1/2) of the regular full-time work
schedule in a regular position and adult parole and probation officers holding temporary appointments of twelve
(12) months or less.
ARTICLE 2 — FEDERATION SECURITY
Section I -- Federation Representatir
The Federation shall notify the County in writing of its representative of the Federation. Upon proper introduction
and notice, the representative shall have reasonable access to the premises of the County during all working hours
to conduct Federation business. This representative shall observe any security regulations of the County. Such
visits are not to interfere with the normal flow of work.
Section 2 Conducting Federation Business
Unless otherwise provided in the Agreement, the internal business of the Federation shall be conducted by the
employees during non -duty time.
Section 3 — Notice to County of Officers and Stewards
The Federation shall notify the County of the selection of Officers and Stewards and their alternates.
Section 4 Federation Postings
The County agrees to allow the Federation the use of conveniently located bulletin board space in each work
location. The Federation agrees that it will not post material that is profane, obscene or defamatory of the County.
Section 5 — Federation Meetings
Meetings between the County and Federation to process grievances, discuss and present disciplinary actions, and
generally administer the Agreement may be held, if practicable, during regular working hours, on the premises of
the County and without loss of pay to authorized participating employees.
Section 6 -_ Negotiations Between the Parties
Negotiations between the parties shall be conducted during normal working hours on the premises of the County
unless otherwise mutually agreed. The Federation's bargaining committee shall be limited to three (3) members
of the Federation, the payment of which will be the subject of future ground rules.
Section 7 - 1ayroll Deduction of Federation lues
A. The County agrees to deduct the regular Federation membership dues from the pay of those
individuals who request deductions in writing. The amount to be deducted shall be certified to the
County by the Federation's Treasurer, and the aggregate deduction shall be remitted monthly
together with an itemized statement to the Federation no later than the tenth day of the month
following the month for which the deductions were made. This section shall not apply where
circumstances exist beyond the control of the County, which cause a delay in meeting the above
dates.
B. The written request for dues deduction is not terminated when an employee is placed on any type
leave, disciplinary suspension, or placed on layoff status. The County shall deduct Federation dues
commencing with the first paycheck following the employee's return to paid status.
C. The County will not withhold from the wages of an employee who is not a Federation member
any fee or other payment on behalf of, or for the benefit of, the Federation, unless the employee
first clearly and affirmatively consents to such withholding in writing.
D. The Federation shall indemnify and save the County harmless against any and all claims, damages,
suits, or other forms of liability, which may arise out of any actions taken or not taken by the
County for the purpose of complying with the provisions of this article.
Section 8 — List of Changes to Bar lainijl ,Unit
The County shall furnish to the Federation monthly a list of the names and home addresses of employees new to
the bargaining unit, as well as a list of employees who left the bargaining unit during the previous month.
Section 9 — Federation Use of Countv Facilities
The Federation or committees of the Federation shall be allowed the use of County facilities and e-mail pursuant
to County Policy, when the facilities are available and the meetings or messages would not conflict with the
business of the County.
Section 10 --- County to lnitx7�� Nei ' Em�lcryc s of Federation Status
The County agrees to inform all new bargaining unit employees of the Federation's exclusive representation
status and shall provide all employees with a copy of the Agreement.
ARTICL'1+a 3 - NIANACI+`MEN"I` RIGHTS
Except as specifically modified by this Agreement, in order to operate its business, the County, in its sole
discretion, retains and shall have the following exclusive rights: to determine the number, location and type of
facilities; to determine the type and/or quality of services rendered; to determine the methods, techniques and
equipment utilized; to hire, supervise, evaluate, discipline, discharge, promote, demote, layoff, transfer and recall
the work force; to assign work and change, combine, create or abolish job classifications and job content; to
establish and make known reasonable work rules and safety rules for all employees, to contract; and to determine
the number of employees, including the number of employees assigned to any particular operation or shift.
Any of the rights, powers, authority and functions the County had prior to the negotiation of this Agreement are
4
retained by the County and the expressed provisions of this Agreement constitute the only limitations on the
County's right to manage its business. The County not exercising rights, powers, authority and functions reserved
to it, or its exercising them in a particular way, shall not be deemed a waiver of said rights, powers, authority and
functions or of its right to exercise them in some other way not in conflict with a specific provision of this
Agreement.
All other traditional rights of management are also expressly reserved to the County and the express provisions
of this Agreement constitute the only limitations upon the County's right to manage its business.
AWFICLE 4 -- NON-DISCRIMINATION
Section I — Non -Discrimination Agreement
The County and the Federation agree not to discriminate against any employee because of race, color, sex, gender
identity, age, national origin, marital status, sexual orientation, religion, political affiliation, physical or mental
disability, Federation membership or non -membership or any other classification protected by Oregon or Federal
law.
Section 2 Equal Application
The terms of this Agreement shall be applied equally to all members of the bargaining unit.
ARTICLE 5 —PROBATIONARY E;�1PLOYEES
Section 1 -- Probationa Period
Each new employee who, as of date of hire, does not have Parole and Probation certification from the Department
of Public Safety Standards and Training (DPSST) shall serve a probationary period of eighteen (18) months,
unless extended by mutual written agreement. All new employees in possession of a valid Parole and Probation
certification from DPSST as of their date of hire shall serve a probationary period of twelve (12) months unless
extended by mutual written agreement.
Section 2 — Probationary Evaluations
(12) Each new employee shall be evaluated at least twice during his/her probationary period, at six (6) months and twelve
(12) months. New employees serving an eighteen (18) month probation shall also be evaluated at eighteen (18) months,
unless modified by mutual agreement between the employee and his/her Department Head. If an employees' performance
is not satisfactory, he/she shall be given notice of the areas of his/her deficiencies.
Regardless of the duration of a new employee's probation under Section 1, he/she shall advance to the next step
of his/her pay range upon satisfactory completion of twelve (12) months of probation and upon receipt of an
overall "effective, meets standards" rating or better on his/her 12 -month performance evaluation. However, new
employees serving a period of probation longer than 12 months shall remain "probationary employees" and shall
be considered as such for all purposes (including, without limitation, discipline and termination) until they have
successfully completed their full probationary period.
Section 3 —Termination
Any employee who is terminated during his/her probationary period shall be given written notice of the reason
or reasons for the termination.
Section 4 — Discipline Not Subject to Grievance Procedure
Disciplinary action for probationary employees, including termination of employment, is not subject to the
grievance procedure.
Section 5— Dut Weapon
All employees, regardless of probationary status, shall be permitted to carry a duty weapon on the condition that
statutory requirements are met.
ARTICLE 6 -- DISCIPLINE AND DISC HARG-,
Section 1
The principles of progressive discipline shall be used except when the nature of the problem requires more
serious action. An employee shall not be disciplined or discharged without just cause.
Section 2
Discipline shall consist of one of the following:
1. Written reprimand
2. Suspension without pay
3. Demotion
4. Discharge
Section 3
Discipline shall be administered in a manner which will not unduly embarrass the employee, consistent with the
circumstances involved.
Section 4
When the County proposes to take disciplinary action involving discharge, demotion, or suspension without pay,
the County shall notify the employee and the Federation in writing of the charges against the employee, the
proposed disciplinary action, the information and facts relied upon by the County for the proposed disciplinary
action, and before discipline is imposed, shall provide the employee with the opportunity to respond to the charges
at a hearing with the supervisor or person having authority to impose the proposed disciplinary action.
Section 5
A Federation representative shall be allowed to be present, at an employee's request, at any meeting between the
employee and any investigating officer, or superior officer, in which the employee reasonably believes that
discipline may result from the meeting and/or investigation.
Section 6
At the discretion of the County, an employee may be placed on administrative leave with pay pending the
investigation of a complaint or possible disciplinary action.
ARTICLE 7 - GMEVANCE PROCEDURE
A. A grievance is defined as an allegation that a specific provision of this Agreement has been violated.
B. In an effort to provide for resolution of disputes, the parties agree to the following procedures:
Step I: Any employee claiming a breach of any specific provision of this Agreement may refer the matter,
in writing, to his/her immediate supervisor outside the bargaining unit within fourteen(14)
calendar days from the occurrence thereof, or the employee's knowledge of the facts thereof. The
grievance shall, at minimum, specify the article and section of the contract alleged to have been
violated and the requested remedy. The employee shall provide a copy of the written grievance to
the Federation. The supervisor shall respond to the grievance in writing as quickly as possible, but
no later than fourteen (14) calendar days after the grievance is filed.
Step II: If after proceeding through Step I above, the grievance remains unresolved, the grievance may be
submitted to the Department Head no later than fourteen (14) calendar days from the date of the
Step I response, along with a written statement as to why the supervisor's Step I response does
not adequately resolve the grievance. The Department Head shall meet with the aggrieved party,
who may request a Federation representative at the meeting. The meeting between the Department
Head and the aggrieved party shall be within fourteen (14) calendar days of the Department
Head's receipt of the written grievance. The Department Head shall respond to the grievance in
writing within fourteen (14) calendar days of such meeting.
Step III: If, after the Department Head issues his/her Step II written response, the grievance remains
unresolved, the grievance may be submitted in writing to the County Administrator no later than
fourteen (14) calendar days from the date of the Step II response. The County Administrator shall
respond to the grievance in writing within fourteen (14) calendar days from the date the grievance
is submitted to the County Administrator.
Step N:
if, after the County Administrator issues his/her Step III ,written response, the grievance still
remains unresolved, the Federation will have fourteen (14) calendar days from the County's Step
III response to serve notice, in writing, to the County Administrator of its intent to submit the
grievance to final and binding arbitration. The arbitrator shall be selected by mutual agreement of
the parties. If the parties cannot agree on an arbitrator within fourteen (14) calendar days of
submitting the grievance to arbitration, the arbitrator shall be chosen in the following manner:
a Either party may request a list of five (5) names of arbitrators whose principal business address
is in the state of Oregon from the Oregon State Conciliating Service. Within five (5) calendar
days of the receipt of the list, the parties shall alternately strike names from the list until one
name remains, and the remaining person on the list after the strikes have been completed shall
serve as the arbitrator. The party striking the first name shall be determined by a coin flip.
b. The arbitrator shall hold a hearing promptly and shall issue a decision within thirty calendar
(30) days of the hearing. The arbitrator's decision shall be in writing and shall set forth findings
of fact, reasoning, and conclusions of the issues submitted. The powers of the arbitrator shall
be limited to determining if the Agreement has been violated; he/she shall have no authority
to alter, modify, vacate or amend any of the terms of the Agreement.
c. The cost of the arbitrator and court reporter (if the court reporter is requested by both parties)
shall be borne by the losing party. Each party shall be responsible for costs of presenting its
own case to arbitration.
d Each party shall be responsible for compensating its own representative and witnesses at any
step of this procedure.
e, A grievant exercising his/her rights to pursue a grievance through this procedure may do so
without discrimination and without loss of pay if meetings or conferences as called for herein
occur during the employee's regularly assigned duty time.
£ To the extent allowable by law, all information relative to a grievance and resolution
accomplished via the grievance procedure shall be considered exempt from public disclosure
in an effort to assure confidentiality to the employee.
g. If the parties agree in writing, Steps I and II may be waived. Any time limits specified in the
grievance procedure may be waived by mutual consent of the parties. Failure to submit the
grievance in accordance with these time limits without such a waiver shall constitute
abandonment of the grievance. Failure by the County to submit a reply after knowledge of the
grievance by the party responsible for the reply within the specified time will move the
grievance to the next step in the grievance procedure. A grievance may be terminated at any
time upon receipt of a signed statement from the Federation.
C. If the last day of any period calculated pursuant to this Article falls on a weekend or holiday observed by
the County, the last day of such period shall be extended to the next business day.
ARTICLE S -- SALARY ADMINISTRATION
RATION
Section I — Pay Period and Pay Day
A. Deschutes County has historically defined its pay period as the first day of the month through the
last day of the same month, with payment for that period made on the last business day of the month.
As a result, there is no lag time to process payroll and employees are required to project future hours
for time -keeping purposes.
B. In order to build in a lag time to process payroll and to reduce the need for employees to project
their future hours, Deschutes County shall have discretion to change the pay period. By way of
example only, one option is for the pay period to run from the twenty-second day of the month
through the twenty-first day of the following month, with payment for that period to be made on the
last work day of the month (9-10 days after expiration of the pay period). If the last day of the
month falls on a holiday or a weekend, payday for that pay period will be the last work day
preceding the holiday or weekend.
C. Deschutes County has historically paid non-exempt employees a monthly salary. Deschutes County
shall have the option to change this practice and pay non-exempt employees for actual hours worked.
D. To change the pay period and to pay for actual hours worked, County may need to implement
changes to Deschutes County policies and/or personnel rules. If a change to policy or personnel rules
is reasonably necessary in order for the County to change the pay period and/or to allow County to
pay non-exempt for actual hours worked, the Federation agrees not to demand to bargain these
changes.
E. Deschutes County will provide employees with at least 90 -days' notice before changing the pay
period or changing pay to actual hours worked. County will also develop a transition plan to assist
employees with transitioning to a new pay period. The transition plan will include, at a minimum:
providing budgeting classes to employees and allowing employees to sell back additional TML as
necessary to make up for a shortened pay period during the transition.
Section 2 — Performance II?praisals and Merit Increases
A. Employees shall be eligible for annual merit increases on their eligibility date provided that the
employee is not at the top step of the salary range of his/her classification.
B. Every employee shall receive a performance appraisal at least annually by the employee's
eligibility date. The eligibility date is based on hire date as follows: If hired on the first of the
month through the 15th of the month — the performance appraisal will be completed within the
month of hire and will be retroactive to the 1" of the month. If hired on the 16th of the month
through the end of the month — the performance appraisal will be completed by the end of the
following month and will be effective retroactive to the first of the month. In order to receive an
annual merit increase an employee must receive an overall "effective, meets standards" rating or
better on his/her annual performance appraisal. If the employee's regularly scheduled annual
performance appraisal is not completed by his/her eligibility date, he/she will receive his/her merit
step increase.
Section 3 — Lon2ovity Pav
Full-time employees who have worked continuously for the County shall receive additional pay per month for
each five (5) years of continuous service worked as outlined below. Longevity pay will be pro -rated for part- time
employees based on their percentage of full-time employment. Layoffs of less than eighteen (18) months shall
not jeopardize longevity.
$80.00
FY
18/19
$82.50
FY
19/20
$85.00
FY
20/21
$87.50
FY
21/22
$90.00
FY
22/23
Section 4 -- `I"ranslator Pa
The County, at the County's sole discretion, may designate specific employees who can communicate in English
and a second language or in sign language to be translators — additional compensation shall be granted to
designated employees for translation services as follows:
1. Regular FTE, $100 per month
2. Regular V2 to 3/ time, $75 per month
3. Undesignated employees who have the ability to communicate in a second language or in sign
language and who are directed by a supervisor to serve as a translator shall receive additional
compensation in the amount of $10 per day on any day they are utilized for translation services.
Such persons shall be proficient in the needed second language or in sign language. It shall be at the sole discretion
of the County to select persons for bilingual compensation and to decrease or eliminate the compensation should
the County determine the need for translation no longer exists. Nothing in this Agreement shall preclude the
County from using persons other than those designated for second language communication.
The County retains the right and total discretion to choose the positions to which the additional compensation is
granted, and to determine such test or other certification process that must be successfully completed for an
employee to qualify as bilingual for purposes of this section.
Section 5 — Professional Certification
The County agrees to pay monthly, the following for DPSST Intermediate and Advanced certifications:
Intermediate $150.00
Advanced $200.00
In order to qualify for certification pay pursuant to this Section 5, the employee must obtain the DPSST
Certification and have received an overall "effective, meets standards" rating or better on the most recent annual
performance appraisal. Newly hired probationary employees who are DPSST-Certified when hired will begin to
receive certification pay pursuant to this Section upon commencing employment with the County. An employee
who qualifies for certification pay under this Section shall be entitled to payment under only one certification
level. Certification pays are not cumulative.
Section 6 .... Instructor ,gLv
Employees assigned as Defensive Tactics.or Firearms instructor shall be compensated $100.00 per month. It is
understood these assignments are discretionary appointments by the Department Head.
Section 7 -- Field Training Officer
Employees assigned as Field Training Officers (FTO's) shall receive compensation of $500.00 monthly during
the time they are actually performing the duties. While performing such duties, the employee assigned as an FTO
shall be responsible for the caseload of the trainee whom the FTO is training, including coverage of the trainee's
caseload when the trainee is attending the DPSST Academy. Such FTO duties shall be in addition to the caseload
and other duties regularly performed by the employee assigned as an FTO. If the employee assigned as an FTO
only performs FTO duties for a portion of a given calendar month, the amount received shall be pro -rated on a
weekly basis, with the employee receiving compensation for each week in which he/she performs a minimum of
5 hours of FTO duties. Management may, in its sole discretion, waive the 5 -hour requirement for any week. For
purposes of this section, a week starts on Sunday and ends on Saturday, and the pro -rated weekly compensation
shall be $125.
Section S -- Hearings Officer
All employees who perform Morrissey hearings shall receive $200.00 per month for any month they preside
over these hearings.
ARTICLE 9 — CALL BACK TIME AND AFTER HOURS CALLS
Section 1 - Call Back
Call back is defined for the purpose of this Agreement as that time an employee spends beyond his/her normal
10
work schedule and delivered on-site as a result of being called back due to an emergency and/or special
circumstance.
When called back, employees will receive compensation in accordance with the Fair Labor Standards Act
("FLSA"). In no case will an employee receive less than three (3) hours compensation for being called back to
work.
Section 2 - Compensation for After-hours Calls
The County and the Federation acknowledge that it is sometimes necessary for adult parole and probation officers
to respond to calls from law enforcement and partner agencies concerning probationers or parolees who are under
their supervision that are taken while they are away from County offices or facilities and during times when they
are not otherwise scheduled to work (e.g., non -work days, those hours occurring after an officer's shift ends or
before an officer's shift begins). The County and the Federation each further acknowledge that taking and
responding to such calls is an essential duty of adult parole and probation officers employed with the County. In
recognition of the importance of taking and responding to after-hours calls, adult parole and probation officers
will be compensated for such work either by receiving payment ("after- hours call pay") or by accruing leave
("after-hours call leave") as described herein. Whenever officers take and respond to after-hours calls, they may
elect to be compensated for such work in either manner.
A. Calculation of Compensation for After -Hours Calls. Adult parole and probation officers who take and
respond to after-hours calls will be compensated as follows:
1. For a compensable event lasting thirty (30) minutes or less, the officer will be
compensated for forty-five (45) minutes of straight time (as either pay or time off).
2. For a compensable event lasting more than thirty (30) minutes, the officer will be
compensated for the actual minutes worked, at time -and -a -half (as either pay or time off).
For purposes of calculating compensable time for after-hours calls, an after-hours call or a series of
after-hours calls taken without at least a thirty (30) minute interval between calls, will constitute one
compensable event. This is the case regardless of whether the calls come from separate individuals or
agencies, and whether the calls relate to the same or separate matters. Once a thirty (30) minute
interval has passed without a call, the next call thereafter shall commence a separate compensable
event.
All after-hours call compensation will be calculated based upon the officer's current pay step. The
officer will have the option of taking compensation as pay or as after-hours call leave.
B. When adult parole and probations officers are not working a scheduled shift and are away from County
offices or facilities, they will normally make themselves available to receive after hours calls when
practicable. Employees must take and respond to after-hours calls in order to receive compensation
pursuant to this Section. Compensation will not be granted merely for listening to messages or reviewing
text or e-mail messages from law enforcement or partner agencies, although it will be granted for activities
undertaken in response to such messages when such activities, cannot wait until the employee's next
scheduled shift or by another employee on the next business day.
C. Adult parole and probation officers are not entitled to receive compensation under this Section for calls
11
received at any time during scheduled work shifts.
D. Compensation granted pursuant to this Section is the sole form of compensation available to adult parole
and probation officers for taking and responding to after-hours calls. Employees are not entitled to
overtime pay or compensatory time -off in lieu of overtime, as otherwise available pursuant to Article 11,
for taking and/or responding to after-hours calls.
ARTICLE 10 -- HQURS OF WORK
Section 1 — Work Week
The work week is defined as seven (7) days within a calendar week. The standard work week for the County is
Sunday through Saturday. The County may establish an alternate work week to address flexible work schedules
as referenced in Section 2(C). An alternate work week must be established in writing and submitted to the
Deschutes County Human Resources Department and the Deschutes County Finance Department for approval.
Section 2 — Work Schedules
A. A regular work schedule is a work schedule with the same starting and stopping time on five (5)
consecutive eight (8) hour shifts, with two (2) consecutive days off.
B. An alternate work schedule, normally, is a work schedule with the same starting and stopping
times on four (4) consecutive ten (10) hour shifts, and three (3) consecutive days off.
C. A flexible work schedule is a work schedule which varies the number of hours worked on a daily
basis, but not necessarily each day, and may vary the number of days worked on a weekly basis,
but not necessarily each week, but which in no way conflicts with the FLSA.
D. Work schedules shall be determined by the Department Head, subject to approval by the County
Administrator.
Section 3 — Changes in Work Schedule
Established regular work schedules will not be changed with less than ten (10) working days advance notice,
unless the operating needs of the County require it or an employee voluntarily agrees to the change and an earlier
implementation date.
Section 4 — Rest Breaks
Each employee shall be granted an uninterrupted rest break of fifteen (15) minutes for each one-half (1/2) shift.
The rest breaks shall be scheduled as near the midpoint of each one-half (1/2) shift as possible.
Section 5 — Meal Periods
All full time employees shall be permitted a non -duty meal period during their work shifts. Non -duty meal periods
shall be no less than thirty (30) minutes and shall be scheduled in the middle of the work shift as possible.
Section 6 — No Guarantee of Hours
Nothing in this Article shall be construed as a guarantee of hours.
12
ARTICLE l I — OVERJIM,E AND C0MPK: SATOR'1' T1Mh=
Section 1 — Overtime 1'ay
All non-exempt employees shall be compensated at the rate of one and one-half (1 ''/z) times their regular rate of
pay for all hours worked in excess of forty (40) hours during the regularly scheduled workweek. Hours worked
shall include holidays, vacation, and compensatory hours which are authorized and scheduled in advance in
accordance with Departmental policy. The specific application of this section shall be governed by Deschutes
County Administrative Policy No. HR -4 Overtime Compensation and Compensatory Time or subsequent adopted
policy.
Section 2 -- CompensatoryTime
In lieu of overtime pay, by mutual agreement between the employee and County, a non-exempt employee may
receive compensatory time off at the rate of one and one-half (1-1/2) hours for each overtime hour worked.
Compensatory time -off accrued in lieu of overtime pay pursuant to this Article 11 is distinct from after-hours call
leave accrued for taking and responding to after-hours calls pursuant to Article 9, Section 2. Compensatory time -
off is compensation for working overtime hours, while after-hours call leave accrued pursuant to Article 9, Section
2 is a form of additional compensation agreed to between the Federation and the County. Compensatory time -
off accrued pursuant to this Article 11 and after-hours call leave accrued pursuant to Article 9, Section 2 may not
together exceed eighty (80) hours. Once any adult parole and probation officer reaches this aggregate eighty -hour
(80 -hour) limit, he/she may thereafter only receive overtime pay as otherwise provided in this Article 11.
Section 3 — Authorization for Overtime
Overtime shall be approved in advance by an employee's supervisor. Exceptions for documented emergencies
will be made.
Section 4 — Equal Overtime Opportunities
Subject to operational nceds, the County shall attempt to offer overtime opportunities as equally as possible
among qualified employees in the department where overtime work is needed.
Section 5 — pnlployee's Choice of Overtime C'otne��sation Method
When possible and within budget constraints, the Department Head will honor the non-exempt employee's
request regarding the method of compensation, either compensatory time off, or overtime pay.
Section 6 - Maximum Accumulation
Compensatory time accumulated pursuant to the terms of Article 11, Section 2, and after-hours call leave
accumulated pursuant to Article 9, Section 2, Paragraph C, when added together, will not exceed an aggregate
total of eighty (80) hours, regardless of source. Once this eighty -hour (80 -hour) aggregate limit is reached, all
hours worked by an employee pursuant to Article 11 or Article 9, Section 2 shall be paid solely in accordance
with Article 11, Section 1 (overtime pay) or Article 9, Section 2, Paragraph B (after-hours call pay), respectively.
ARTICLE 12 — WORKING -OUT -OIC -CLASS AND LEAD PAY
Section I -- Work ,Pay
The County agrees to compensate an employee assigned in writing to assume the major distinguishing duties of
a position in a higher classification, where such an assignment is for ten (10) consecutive work days or more at a
compensation rate of 5%, 7.5%, or 10% differential, or at any step of the higher salary range which provides at
13
least a 5% pay increase to be determined by the Department Head based upon the assigned duties. The additional
compensation shall be retroactive to the first day of the assignment.
Section 2 -- Lead Pay
When an employee is directed and authorized in writing by the Department Head/supervisor to perform lead work
functions defined as follows:
A lead worker is an employee delegated limited supervisory and/or coordination of duties by his/her
Department Head. Limited duties include distribution of work assignments, maintaining a balanced
workload among a group of employees, reviewing completed work and maintenance of records of work.
The Employee will receive a 2.5%, 5%, 7.5%, or 10% differential, to be determined by the Department Head for
all hours worked while performing those duties.
Section 3 — Reclassification
If an employee believes that he/she is working significantly outside his/her classification, he/she may request that
his/her job be reviewed for a reclassification. Requests for reclassification review must be made through the
employee's Department Head. In the event a reclassification is approved by the County Administrator, it will be
retroactive to the I" of the month following the day the reclassification request was presented by the Department
Head to Human Resources.
AR'fICIX 13 --_ VACANCIES
Section l — Process For Filling Vacancies
When there is a Federation -represented caseload vacancy, creation of a new FTE position, retirement, termination,
resignation, layoff' or any other triggering event as determined by the County, which leaves a body of offenders
unsupervised by a specific adult parole and probation officer in a specific location, and the County decides to fill
the vacancy, the County will adhere to the following process:
A. The County will notify, via email, all Federation employees of the specific opening and
location;
B. The County will invite all employees to provide a letter of interest for the specific opening
and/or any opening which may occur as a result of the triggering event;
C. The County will allow for the receipt of the employees' letters of interest for seven (7) calendar
days after issuance of the notice;
D. Prior to filling the vacancy, the County will consider the employees' letters of interest as well
as the employees' skills, abilities, experience and knowledge;
E. Prior to filling vacancies created as a result of the triggering event in B, the County will notify
an employee if his/her general letter of interest will result in a caseload or location move, at
which time, he/she may withdraw his/her letter of interest;
F. Any employee not selected shall be given the reason for his/her non -selection should he/she
request a reason.
14
Section 2 — Non -Selection Not Grievable
The basis for the non -selection and the County's decision itself cannot be grieved.
Section 3-- Av1p icability of Procedure
The procedure outlined in this Article pertains to each discrete triggering event and the subsequent vacancies
caused by the event. The procedure must be followed for all triggering events.
ARTICLE 14 — PERFORMANCE EVALUATIONS
Section 1 — Process
Each employee shall receive a performance appraisal prepared by his/her immediate supervisor or Department
Head at least annually. The rater shall discuss the performance appraisal with the employee. The employee shall
have the opportunity to provide his/her comments to be attached to the performance appraisal. The employee
shall sign the performance appraisal and that signature shall only indicate that the employee has read the
performance appraisal. A copy shall be provided to the employee at the time.
Section 2 — Proposed Cha res in the Duties and Res onsibilities or Classification of Positions
The County shall notify the Federation in writing of any proposed changes in an existing position classification
description, or creation of any new proposed classification description within Deschutes County Adult Parole and
Probation affecting adult parole and probation officers, and consult with the Federation about such proposals prior
to the position's implementation.
Section 3 — Work Plan
If the County decides to put an employee on a work plan, it shall be put in writing and delineate the job
requirements and standards of performance desired. The work plan shall be reviewed between the supervisor and
employee at least every thirty (30) days. When the desired performance is achieved the employee will be given
written notice by the supervisor that the work plan is no longer in effect.
ARTICLE 15 — PERSONNEL FILE
All of an employee's personnel files will be available for the employee's inspection during normal working hours.
Should an employee desire a copy of any items in the files, such a copy shall be provided to the employee provided
the employee signs a receipt for the copy. The employee has the right to respond in writing to any item placed in
his/her files. No derogatory material may be placed in an employee's personnel file without the knowledge of the
employee. The County will maintain the confidentiality of the files as per State law, and will not release any
information in the files to other than those authorized within the County without the consent of the affected
employee except where such release is compelled by either an order of a court or by State law.
ARTI `LE 10 -- LONGEVITY AND LENGT11 OF SERVILI
Sectiotl 1 Determining Length of Service
Length of service is determined by the length of an employee's continuous full-time or part-time service with
Deschutes County Adult Parole and Probation.
15
Section DeLcnnlnn°lf_lAi1 '7eVit
Longevity is determined by an employee's continuous full-time or part time service as a County employee.
Section 3 D terinininst SellicTity
Seniority is determined by an employee's continuous full-time service as a Deschutes County Adult Parole and
Probation Officer.
Section 4 — Pro -ration
For employees working less than half-time, longevity shall be pro -rated by the number of hours for which the
employee was hired to work.
Section 5 — Term_ination of r:e nt;th of Service!l oto evit
Length of service and/or longevity shall terminate in the event of the following:
1. Voluntary termination for greater than three (3) months.
2. Discharge for cause.
3. A lay-off period for greater than eighteen (18) months.
4. Failure to report to work at the termination of an extended leave of absence.
5. Acceptance of employment without permission while on leave of absence.
6. Retirement.
Section 6 — Time Off
Time off during layoff period shall not count toward longevity accrual.
AR,rICLF, 17 — S1aNILMITY ANI) LAYOFF
Sectioii I ._ DeterinSeniori�
Seniority, as used in this Agreement, is determined by the length of an employee's continuous full-time service
as a Deschutes County Adult Parole and Probation Officer. Part-time employees will accrue seniority on a pro -
rata basis. Any employee on leave which is not paid leave, or leave mandated by law, may accrue up to ninety
(90) days seniority.
Section 2 —Seniority Lis
The County will provide the Federation with a copy of the seniority list upon request from the Federation,
which will then be posted on the bulletin board provided for in Article 2, Section 4.
Section 3 — Loss of Seniority
An employee shall lose all seniority in the event of voluntary resignation for greater than three (3) months,
discharge for cause, is laid off and fails to respond to written notice as provided in Section 6 of this Article, is
laid off work for a period of time greater than eighteen (18) months, fails to report to work at the termination of
an extended leave of absence, or while on a leave of absence accepts employment without permission, or is retired.
Section 4 — La offs
Layoffs shall be in the inverse order of seniority as defined in Section 1. An exception to layoff in the inverse
order of seniority may be made and a senior employee may be laid off before a junior employee when the junior
employee has substantially superior qualifications to perform the duties of the remaining position.
W.
Section 5 — I2ecallijl Laid Off Eniplt�es
Employees shall be recalled in the inverse order of layoff if positions become available in the job classification
from which the employee was laid off. An employee's failure to respond to a recall notice as specified by Section
6 of this Agreement shall constitute a waiver of the employee's recall rights.
Section 6 — Recall Procedures
For the purpose of recalling employees from layoff, the following procedures will be followed:
1. For layoffs of less than five (5) days, a personal visit by the County representative or a phone call
from the County will suffice.
2 For layoffs of five (5) days to one month in duration, employees will have seven (7) days from the
date that a certified notice is mailed to report to work unless a longer period is mutually agreed
upon in writing.
3. For layoffs longer than one month employees will have fourteen (14) days from the date that
certified notice is mailed to report to work unless a longer period is mutually agreed upon in
writing.
4. Laid off employees will be responsible for notifying the County of any address change.
ARTICLE I—11OLiDAYS
Section l —Paid Holiday
The following shall be recognized as paid holidays:
New Year's Day
President's Day
Martin Luther King's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
Two (2) Floating Holidays
Whenever a holiday falls on Sunday, the following Monday shall be considered a holiday. If a holiday falls on
Saturday, the preceding Friday shall be a holiday. If an employee works on the actual holiday that falls on a
Saturday or Sunday, that day would be the employee's holiday and he/she will be paid in accordance with Article
18, Section 4 for that day only. In no event shall an employee receive holiday pay for both the observed and actual
holiday. Holidays that occur during paid vacation or sick leave shall not be charged against vacation or sick leave.
In order to qualify for holiday pay, employees must work their normal workdays before and after the holiday or
be on authorized leave of absence with pay.
Section 2 -- Compensation for Hol�
Full-time employees shall be compensated at the straight time rate of eight (8) hours for each recognized holiday.
Employees working an alternative schedule of nine or ten (9 or 10) hours have the choice to: (a) revert to a 5/8
schedule during the week in which the holiday occurs, or; (b) use accrued time management leave, comp time, or
other accrued paid time off to equal forty (40) hours for the week. The choice of reverting to a 5/8 schedule or
using accrued leave shall be approved in advance by the supervisor and/or Department Head.
All part-time employees (half time or more) shall be compensated at the straight time rate on a pro -rated basis
(based on an 8 -hour day) for each recognized holiday.
17
Section 3 — Holiday Work as Overtime
Work performed by non-exempt employees on holidays which fall within the regular work schedule shall be
considered as overtime work, and the employees who work on such holidays will be granted time off or
compensation pay on the basis of time -and -one-half for the hours worked in addition to their regular holiday pay.
Section 4 — Time Off Credit for Holidays
Full and part time employees who have recognized holidays falling on their days off will be credited with straight
time off for these holidays, or have the holiday paid as additional hours if mutually agreed on between the
employee and Department Head.
Section 5 — Floating Holida.ti. s
The floating holidays can be used any time during the calendar year by mutual consent between the employee
and the Department Head. New employees shall be employed six (6) months before they are eligible for the
floating holiday. Floating holidays cannot be carried over from year to year. Employees will not receive pay at
the time of termination of employment for any unused floating holiday.
ARTICLE -1 9 — `FIl!'E E MANAGEi1� ENT
The specific application of this section will be governed by the Time Management Program. ( Umcpdix A of this
Agreement). Time Management Leave offered to full and part-time regular employees as articulated in this
article and Appendix A ("Time Management — Federation") represent substantially equivalent paid sick time
benefits in compliance with the Oregon Paid Sick Time Law (OPST) as defined by ORS 653.601 through
653.661. Rules for employee accrual and use of paid time under OPST will be consistent with applicable current
and future County policies.
Section 1 — Eligibilit
Regular full-time and regular part-time employees can use their accrued leave as soon as it is accrued after
receiving authorization from their Department Head. Leave accrual for regular part-time personnel is computed
on the basis of the percentage of hours worked each month.
Section 2 — Leave Accrual
Leave accrues while an employee is on leave with pay, but not while on leave without pay. No employee can
be granted leave without pay until after leave that has accrued to his/her credit is exhausted.
Section 3 — Employee Transfers
When an employee is transferred or appointed to another department, all of his/her leave will be assumed by the
new department.
Section 4 — Pa meat Upon Set�aratiol
An employee who terminates his/her employment is entitled to cash compensation in lieu of leave. In case of
death, compensation for accrued leave will be paid to the employee's estate.
Section 5 — Leave SchedLjli
Department Heads shall establish staffing schedules to provide for requested leave for employees annually, and
employees are to take leave at the time scheduled. A record of time taken shall be kept on file in the department.
Such schedules may be amended to meet work emergencies. In establishing regular schedules, Department Heads
shall give due consideration to the desires of individual employees while weighing the work requirements of the
18
department. Whenever possible, longevity shall prevail where there is a conflict between two or more employees
wanting the same time off for vacation purposes.
Section 6 — Mandator Leave
At least once each year, all regular employees must be allowed to take five (5) consecutive days off, if accrued.
ARTICLE 2(i _ RELIEF COVERAGE
Section I — AlTanging ror Coverage
Employees shall be responsible for arranging relief coverage for vacation leave. If the employee feels
uncomfortable in finding such coverage, or is unable to secure coverage, the employee shall notify his/her
supervisor.
Section 2 — Extended Absences
In the event an employee will be absent in excess of one month, the County shall provide the Federation with its
plan for caseload coverage in his/her absence.
ARTICLE 21 -- SICK LEAVE,
Section 1 —Notification
When an employee is physically unable to perform duties because of illness or injury, the employee shall notify
his/her immediate supervisor as soon as possible prior to the beginning of his/her shift. At the request of the
immediate supervisor or other superior, the employee will obtain certification from an attending physician,
documenting the nature and period of illness.
Section 2 —Usage
Sick leave shall be used only for the following:
1. Medical or dental care.
2. Exposure to contagious disease under circumstances by which the health of fellow employees or
the public would be endangered.
3. Leave for family member illness in accordance with state and federal Family Medical Leave
laws.
4. Death of a family member as defined by FMLA/OFLA. Up to five working days in succession per
occurrence may be used for these purposes with no mandatory use of time management leave first
if the employee has a sick -bank account. Either time management or sick -bank leave must be used.
An additional three more days maximum of sick bank or time management may be utilized upon
the County Administrator approval with Department Head recommendation.
5. Leave for childbearing is treated as a medical condition and is covered by sick leave with pay.
6. Maternity and paternity leave to be granted in accordance with state and federal law.
Section 3 — Ennt)lcmy c Transfer
See Article 19, Section 3.
19
Section 4 — Leave Without Pay
Upon written application from an Employee, leave without pay may be granted by the Department Head subject
to final authorization by the County Administrator for a reasonable period of disability after earned leave has
been exhausted. Such leave without pay shall not exceed six (6) months unless otherwise required by state or
federal law.
Section 5
The County will allow sick bank rollover in accordance with the rules established by the State of Oregon Public
Retirement System (PERS).
ARTICLE 22 -- LEAVE CSF ABSENCE
Section 1 — Jury Service
Full-time and part-time employees shall be granted leave with full pay, computed on the basis of their normal
number of working hours per day, at the employee's regular straight -time hourly rate, any time they are required
by summons or subpoenas to report for jury duty or jury service. An eligible employee shall endorse any fee,
excluding mileage, to the County as a condition to receipt of jury pay.
Section 2 — Accrual of Lcavp
Leave credit shall continue to accrue to those employees who are on leave with pay. For the accumulation of
leave credit and the granting of leave, computation shall be made in hourly or partial hour units. Deductions shall
not be made from leave accumulations for regularly assigned days off, or County holidays occurring during a
period of leave with pay if the employee returns to work on the first day thereafter or has been granted additional
leave.
Section 3 — Family Medical/Parental Leave
Employees shall be entitled to family medical and parental leave in accordance with federal and Oregon law.
Section 4 — Military Leave
An employee who has served with the County for at least six months and who is a member of the National Guard
or the reserve of any branch of the U.S. Military is entitled to military leave not to exceed fifteen (15) working
days per County fiscal year. Such leave will be granted without loss of time, pay or other leave and without
impairment of merit rating or other rights or benefits. Military leave with pay may be granted to an employee
with bona fide military orders and shall not be paid if the employee does not return to his/her position immediately
following the end of the approved duty period. Department Heads are required to report employees on military
leave on the payroll time and leave worksheets. Copies of military orders shall be placed in the employee's
personnel file. Military leave without pay will be granted to employees for performance_ of military service,
pursuant to bona fide military orders, in accordance with the provisions of Oregon State law and the provisions
of the Uniformed Service Employment and Reemployment Rights Act of 1994, as amended. Employees may, but
are not required to, use accrued and unused time management leave for any period of military service which is
unpaid by the County.
Section 5 — Educational Leave
After completing one (1) year of continuous service, a regular full-time employee, upon written request may be
granted a leave of absence without pay by the County Administrator (with departmental approval) for the purpose
of upgrading his/her professional ability through enrollment in educational courses at an accredited school. The
period of such leave of absence may not exceed one (1) year, but may be renewed or extended upon request of
the employee and approved by the County Administrator. After the expiration of such educational leave of
absence, the employee shall normally be returned to his/her same job classification and same salary step.
Section 6 — heave to Attend Conferencesarainin rs
Employees may be granted time off with pay for educational purposes to attend conferences, seminars, briefing
sessions, training programs and other programs of a similar nature required or approved by the employee's
Department Head.
Section 7 — Witness Leave
Leave with pay shall be granted for actual work time missed for an appearance on the County's behalf, connected
with his/her official duties before a court, legislative committee, judicial or quasi-judicial body as a witness if
required by the County. Employees shall return to the County any compensation, excluding mileage, received as
a result of such duty.
Scetion 8 — Special Leave
Special leave is a provision created to accommodate natural disasters and life threatening situations. If there is a
building emergency, a bomb threat or a natural disaster, special leave may be granted to County employees by
County Administrator decree. Such leave does not affect an employee's earned leave.
Section 9 - Authority to Grant Leave
An employee's Department Head may grant a leave of absence without pay not to exceed thirty (30) calendar
days. Leave of absence without pay for periods in excess of thirty (30) calendar days must be approved by the
County Administrator.
Section 10 — Exhaustion of Accrued Leave Required
Leaves of absences without pay may not be granted until all accrued leave has been exhausted.
ARTICLE 23—I-IEALTI-1 AND WELFARE
Section 1 — Health Insurance
Health Insurance is to include the following:
Medical Insurance
Vision Insurance
Dental Insurance
• Prescription Drug Insurance
p Orthodontic Insurance
Section 2 — Other Insurance
Other insurance is to include the following:
e Employee life insurance
8 Dependent life insurance
• Long-term disability insurance
0 Unemployment insurance
i Retirement health insurance
21
Section 3 — IRS 125 Plan
In addition to health insurance and other insurance, the County will make available to Federation represented
employees a qualified IRS 125 plan.
Section 4 — Extension of Insurance._ Benefits to Retired EiDployc es
The County will provide insurance benefits at the same level and under the same conditions as a regular full-
time employee, to retired County employees collecting PERS who have worked for Deschutes County for thirty
continuous years or more on a full-time basis. This benefit will be provided until the employee reaches the age
of sixty-five (65) or until eligible for Medicare.
Employees who retire from the County with more than fifteen (15) years and less than thirty (30) years of full-
time service are eligible to receive a County contribution towards their monthly insurance premiums until age
sixty-five (65) or until eligible for Medicare, in accordance with a schedule recommended by the Deschutes
County Employee Benefits Advisory Committee (EBAC) and approved by the Board of County Commissioners.
The schedule of retiree premiums and County contributions shall be posted on the Human Resources Department
Intranet site.
Section 5 -- Eligibility for Benefits
Full-time and part-time (half-time or more) employees will be eligible for benefits in accordance with this
Agreement. Regular, part-time employees (half-time or more) will be required to pay pro -rated premium
contributions based on their percentage of hours worked if they elect the Standard plan. If a part-time employee
elects the High -Deductible plan, the premium contribution will be the same as a full-time employee on the
Standard plan.
Section 6 — Worker's Con�ensation Subsid.
If an employee suffers an injury that is compensable by Worker's Compensation, the County shall make up the
difference between the employee's regular pay and the amount of the employee's worker's compensation benefits,
subject to the following conditions:
1. The injury must be the direct result of an offender's attempt to flee, the employee's involvement
in an actual or threatened use of force event, or the employee's active participation in a use -of -
force training exercise.
2. As result of the injury, the employee must be unable to return to work to perform any available
task, including any light duty assignment.
3. County's obligations under this section do not commence until three days after the first day the
employee misses work because of the injury.
4. County's obligations under this section terminate after the ninetieth (90th) day of work missed.
5. For purposes of calculating any period herein, a partially missed day of work shall constitute a
missed work day.
6. County's obligations under this section shall be conditioned upon County's receipt of
documentation from the employee's treating physician setting forth (a) the specific physical
limitation(s) resulting from the injury, and (b) the anticipated duration of any such restriction(s).
7. County reserves the right to request additional documentation from the employer's treating
physician from time to time, as reasonably necessary to confirm the employee's physical
restrictions and anticipated duration of such restrictions.
22
Section 7 — Employee Benefits Actvisory Cc��mittee (F.<BAC
EBAC shall include at least one Federation representative. EBAC shall meet as outlined in Deschutes County
Administrative Policy No. GA -6 (see Appendix B) for the purpose of reviewing program performance and
advising the Board of Commissioners on desired changes in insurance benefits. EBAC shall review any proposed
changes to the County's Insurance Benefits Plan before a change is implemented.
Health benefits and other insurance will be provided to Federation represented employees under the same
conditions and restrictions as provided to all other County employees. Coverage may be adjusted or modified by
the County upon the recommendation of EBAC.
Section 8 --_Cost of Health Benefits
A health benefits plan document shall be adopted annually by the County following a review by the Employee
Benefits Advisory Committee. The per FTE cost of providing the health benefits called for in this plan shall be
determined by an actuarial valuation for both a composite rate and a tiered system. The County shall annually, as
part of the budget adoption process, establish an employee premium contribution. Monthly employee health
insurance premium contributions shall be no greater than nine point five percent (9.5%) of the per FTE cost as
calculated by the composite rate. The County reserves the right to establish a tiered system for premium
contributions under which different contribution rates may be established for a single employee, employee and
spouse/same sex domestic partner, employee and child(ren), or full family benefits. If the County establishes a
tiered system for premium contributions, the monthly employee health insurance premium contributions shall be
no greater than nine point five percent (9.5%) of the respective tier cost for the relevant enrollment tier.
The employee health insurance monthly premium contribution shall not exceed $170.00 per month during the
first year of this Agreement. Effective July 1, 2019 and for all subsequent years of this Agreement, the employee
health insurance monthly premium contribution shall not exceed $190.00 per month.
ARTICLE 24 — RETIREIVI ENT
The County shall be a participant in the Public Employees Retirement System (PERS)/Oregon Public Service
Retirement Plan (OPSRP) or its equivalent.
After the employee has completed his/her six full months' employment period and holds a position requiring that
the employee work in excess of six hundred (600) hours per year, the County shall make contributions to
PERS/OPSRP in accordance with levels established for the employee's position. The employees will contribute
to PERS/OPSRP in accordance with the state law.
In the event that state law provides for other alternatives, members of the Federation will be afforded the same
options available to non -represented employees.
The County will take appropriate action to have the employee contribution defined as pre-tax in accordance with
tax code regulations.
The County will continue to provide a Deferred Compensation plan in compliance with IRC 457. The plan will
be available to all Federation bargaining unit employees.
The County shall continue to provide Police and Firefighter's PERS for all eligible employees.
23
ARTX "L,E 2s —TRAVEL EXPENSE �
Reasonable and necessary travel, meal and miscellaneous expense reimbursement will be approved for payment
when an employee incurs expenses while acting within the scope of employment with the County in accordance
with Deschutes County General Policy No. F-1 and F-2 or subsequently adopted travel and expense policies.
AR110,E, 26 —SAFETY
Section 1 — Cooperation of Par Cies
The County and the Federation agree to cooperate in the continuing objective to eliminate accidents and health
hazards.
Section 2 -- Cnmi—oyc'e Ret���tti7� Y t f SGYfct�7 C�zncners
All employees are encouraged and expected to inform their supervisor of safety concerns in the work place
including health and safety issues. It is clearly understood that the County shall take no reprisals against
employees for reporting issues to their supervisor or the Deschutes County Risk Management Department.
Section 3 — Coutlt Risk Ivlanagen�ent Prog��aca
The County will continue a comprehensive risk management program including approved OSHA safety
committees and will review issues reported in section 2 above. The Federation shall be entitled to have a
representative on each committee. Minutes from safety committee meetings shall be posted in affected areas.
Section 4 — County Provided E ui 7_ rnci�i
In order for employees to safely perform their jobs, the County agrees to, at a minimum, provide the following
equipment:
• Ballistic and tactical vest
• Side arm with holster, extra magazine holder and belt
• Handcuffs
• Pepper spray
• Baton
• Gun locker
• Two-way radios
• Cell phone
• Duty ammunition
Upon retirement in good standing (with a minimum of ten (10) years of continuous full-time County service), an
employee shall have the right to purchase his/her sidearm at a cost that is agreed upon by the employee and the
County.
Section 5- Annual f cjtiil?rnent Allowance
Employees shall receive an annual allowance of $150 to purchase County -approved clothing and/or equipment
in addition to those items specified in Section 4 above. This allowance is intended only for clothing and/or
24
equipment to be used by employees in the performance of their official duties. The allowance will be issued to
employees at the beginning of each fiscal year. New employees hired after the allowance is issued to existing
employees will not be entitled to receive the allowance until it is issued at the beginning of following fiscal year.
Section 6 — Tactical Vests
Tactical vests may be worn outside of the employee's uniform or assigned clothing and may be visible to the
public during the performance of his/her official duties. .
Section 7 — Side Arms
Employees may carry their side arms unconcealed and visible to the public during the performance of their
official duties.
ARTICLE -27 - PROFESSIONAI; DEVELOPMENT
Section I—'I`raini;M
The County shall pay for sufficient training so that the employees can maintain their required DPSST
certification.
ARTICLE 28 — DEPARTMENTAL RULES POLICIES AND PROCEDURFS
The department shall provide the Federation with a copy of any new or revised written policy or procedure prior
to implementation. If the County adopts an emergency change to a policy that impacts a mandatory subject of
bargaining, the Federation shall be notified as soon as possible. The Federation may pursue its right to bargain
any proposed policy which impacts a mandatory subject of bargaining not covered in the collective bargaining
agreement.
ARTICLE 29 — RIGHT 10 -CONTRACT
The County expressly reserves the right to contract any and all County work and services to non -County
employees. The County agrees to fulfill its obligations under the Public Employee Collective Bargaining Act
(PECBA) before contracting out any work. The County agrees that it will not contract out services with the
purpose to end the Federation representation status.
ARTICLE 30 - SEPARARILI'I'Y
In the event that any provision of this Agreement shall at any time be declared invalid by any court of competent
jurisdiction or through government regulations or decree, such decision shall not invalidate the entire Agreement,
it being the express intention of the parties hereto that all other provisions not declared invalid shall remain in full
force and effect.
25
ARTICLE 31 - SCOPE OF AGR[+ EMENT
S_ection_1 - Entire A reement
The Agreement expressed herein in writing constitutes the entire Agreement between the parties. This Agreement
shall supersede all previous oral and written Agreements between the County and the employees. It is agreed that
the relations between the parties shall be governed by the terms of this Agreement only, no prior agreements,
understandings, past practices, existing conditions, prior benefits, oral or written, shall be controlling or in any
way affect the relations between the parties, or the wages, hours and working conditions unless and until such
agreement, understandings, past practices, existing conditions an prior agreements shall be reduced to writing and
duly executed by both parties.
Section 2 — UnilateralChaz, j_cs
In the event the County intends to make a unilateral change in a mandatory subject of bargaining as determined
by the Employment Relations Board, the County agrees to notify the Federation and subsequently fulfill its
obligation under PECBA prior to making said change.
ARTICLE 32 -,,,TERM OF THE A%REEMENT
This Agreement shall be effective through June 30, 2023.
ARTICLE 33 - WAGES
Section 1 - Wages
The wage scale for members of the bargaining unit shall be changed from the current 9 -step system, to a 7 -step
system. The wage scale for the 7 -step system shall be as follows:
Step 1: $28.0986/hr
Step 2: $29.5035/hr
Step 3: $30.9787/hr
Step 4: $32.5276/hr
Step 5: $34.1540/hr
Step 6: $35.8617/hr
Step 7: $37.6548/hr
Each current employee will be will be placed into the step that provides him/her with a base pay that is not less
than 2.1% greater than his/her existing base pay.
Article 33's wage provisions shall be retroactive to July 1, 2018, EXCEPT that compensation for after-hours calls
shall not be retroactively adjusted. Instead, the wage provisions of Article 33 shall apply to compensation for
after-hours call beginning the first pay period after this Agreement is fully executed.
Section 2 — Cost of Living Allowances
For fiscal years 19/20, 20/21, 21/22, and 22/23 there shall be a cost -of -living increase equal to the U.S. All Cities
26
CPI -U, January to January as follows:
July 1, 2019 minimum increase of 1.5%, maximum increase of 3.5%
July 1, 2020 minimum increase of 1.5%, maximum increase of 3.5%.
July 1, 2021 minimum increase of 1.5%, maximum increase of 3.5%
July 1, 2022 minimum increase of 1.5%, maximum increase of 3.5%
27
SIGNATURE PAGE
DATED this Day of _ 2018.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Anthony DeBone, Chair
Philip G. Henderson, Vice Chair
Tammy Baney, Commissioner
FOR THE FEDERATION:
Lydia McNaughton, FOPPO
Negotiating Team Member
Lance Baker, FOPPO
Negotiating Team Member
28
Karen Vinson, FOPPO
Negotiating Team Member
APPENDIX "A"
SUBJECT: TIME MANAGEMENT — Federation
1. PURPOSE
It is the purpose of the Deschutes County Time Management Program to provide employees with a leave -
with -pay program that is easily understood, responsive to individual needs, and easy to administer. This
program is also intended to eliminate any abuse of sick leave while rewarding employees for faithful
attendance and productivity.
II. SCOPE
This program covers all Federation represented employees. Those employees covered by the provisions
of this program shall not be eligible for separate leave benefits covering the following:
Sick leave (non -occupational illness or injury leave)
Vacation leave
• Paid sick time as defined by the Oregon Paid Sick Time Law ("OPST") (Time Management Leave
offered to full and part-time regular employees as articulated in Article 18 Time Management and this
appendix represent substantially equivalent paid sick time benefits in compliance with OPST as
defined by ORS 653.601 through 653.661. Rules for employee accrual and use of paid time under
OPST will be consistent with applicable current and future County policies.
Nonexempt employees who are eligible for 1.5 compensatory time or overtime will still receive such under
this program in accordance with the Fair Labor Standards Act. Exempt employees are eligible for flex
time under the same terms and conditions applied to non -represented employees in accordance with
County policy HR -7, subject to Supervisor or Department Head approval.
III. LEAVE -WITH -PAY PROVISIONS
A. All employees transferring into the Time Management Program will be credited with
their existing vacation time balance.
Non-exempt employees will earn leave, based on full-time service, in accordance with
the following schedule:
Months of Hours of Earned Leave
Service Leave Accumulation
0 — 48 months
168 hours
14 hrs/month
49 —108 months
192 hours
16 hrs/month
109 — 168 months
216 hours
18 hrs/month
169 — 228 months
240 hours
20 hrs/month
29
229 — 288 months 264 hours 22 hrs/month
289+ months 288 hours 24 hrs/month
B. For regular part-time employees, all reference to time accrual or usage in the Time
Management Program shall be prorated according to the percentage of full-time
equivalency authorized for the position.
C. During the course of the year, absence from work for any reason other than on-the-job
illness or injury covered by Workers' Compensation or paid holiday shall be charged
against "earned leave" except as provided in Section N.B. of this policy. Earned leave
shall accrue whenever an employee is on paid status with the County. Employees do not
accrue earned leave when on leave without pay.
D. An employee may accumulate earned leave, including the previous vacation balance, if
any, to a maximum of twice the annual time management accumulation. On March 31 of
each year, any employee credited with time management leave greater than twice the
annual accumulation shall forfeit the amount above the maximum accumulation. An
employee who has acquired the maximum allowable accumulation of time management
leave may continue toaccumulate earned leave for the balance of the year in which the
maximum accrual was reached, provided that the employee take sufficient leave to reduce
the accumulation to the maximum allowable prior to the following March 31 or forfeit the
excess.
E. Upon an employee's termination, all of the employee's earned time management leave
(including vacation rollover, if any) shall be paid to the employee at the current rate of pay.
F. In the event of an employee's death, all earned time management leave shall be paid to the
employee's designated beneficiary at the current rate of pay.
G. During the first five years of employment, employees shall be required to take a minimum
of one (1) week of earned time management leave per year. Thereafter, employees shall be
required to take a minimum of two (2) weeks of earned time management leave per year.
H. Employees shall, whenever possible, request time off in advance. Use of such time
management leave must be scheduled between the employee and his or her supervisor or
designee. When an employee is sick or an emergency requires his/her presence elsewhere,
the employee must notify the supervisor as soon as possible.
1. After one (1) year of continuous employment, employees may request to convert up to
forty (40) hours of accrued time management leave to cash on an annual basis. To be
eligible, an employee must maintain a minimum balance of one (1) year's time
management accrual and must have used the minimum time management leave specified
in Section G. A request for conversion of annual time management leave to cash must be
approved by the Department Head subject to budget restrictions and is allowed once each
fiscal year. The request must be made prior to April 15th and will be included in the
employee's April paycheck. The Human Resources Department will distribute request
forms no later than the first week of April.
9
J. During the last three (3) years prior to retirement, employees may sell up to eighty (80)
hours each calendar year of their time management leave accrual at the current rate of pay.
Extensions of an employee's scheduled retirement date notwithstanding, no employee will
be entitled to this option in more than three (3) years. This paragraph is not subject to any
of the limitations expressed in Section I of this policy.
IV. PRIOR SICK LEAVE ACCUMULATION
An employee's existing sick leave accrual at the time of transferring into the Time Management Program
will be preserved in a separate sick leave bank. No additional sick leave will be earned. Existing sick -leave
will be treated in the following manner:
A. No compensation for accrued sick leave shall be provided for any employee for any reason,
except that one-half of the employee's accrued sick leave bank shall be paid to the
employee or his/her beneficiary upon death or permanent total disability.
B. Employees will be allowed to convert up to one hundred (100) hours of existing sick leave
to time management leave on a two-for-one basis. (100 hours of sick leave will convert to
50 hours of time management leave).
C. Existing sick leave (banked sick leave) may be used by employees only after the employee
has been absent from work for at least the equivalent of three (3) entire work days due to
the same illness or injury for qualifying sick leave utilization per the Personnel Rules. The
equivalent of the first three (3) days will be either deducted from accrued and unused time
management or, if the employee does not have sufficient time management leave, will be
deducted from accrued compensatory time or any other paid leave time, or be identified as
leave without pay.
31
APPENDIX "B"
Deschutes County Administrative Policy No. GA -6
Effective Date: April 28, 2008
DUTIES ANIS RESPONSIBILITIES OF EMPLOYEE
BENEFITS AT.DVISORY POLICY
STATEMENT OF POLICY
It is the policy of the Board of County Commissioners to provide a quality health and welfare insurance benefit program
on a consistent basis to all regular county employees and to involve employees in making recommendations regarding
such a benefit program by appointing an Employee Benefits Advisory Committee (EBAC).
APPLICABILITY
This policy applies to all regular county employees.
POLICY AND PROCEDURES
The primary responsibility of the EBAC will be to meet with Human Resources staff, the agent of record, and insurance
representatives, in order to review/evaluate all possible options with regard to employee benefits. The EBAC will make
recommendations to the Board of County Cominissioners regarding Health and Welfare benefits.
The EBAC will also be a source of advice for the Human Resources Department concerning benefit administration.
EBACMEMBERSHIP
The EBAC will be comprised of the following voting membership:
4 Representatives from AFSCME
2 Representatives from DCSA
1 Representative from 701
1 Representative from 9-1-1
1 Representative from FOPPO
1 Human Resources Director
1 Risk Manager
5 Department Heads, Managers, and/or Elected Officials
1 Representative from COIC (Central Oregon Intergovernmental Council)
1 Retiree who is a plan participant
32
The County Administrator will be a non-voting member of the committee. Additional non-voting members may be
appointed at the discretion of the committee.
A Chair and Vice Chair will be selected annually by the committee, with one position to be tilled by a manager or elected
official, and the other will be a non -management representative.
Each represented group will be responsible for filling their respective vacant positions on the committee.
When a vacancy in the non -represented membership of the committee occurs, a call for potential replacements will be
issued to all County Department Directors. Interested parties will submit to EBAC a brief summary describing why they
wish to fill the position. EBAC will then select a replacement from the pool of eligible candidates and forward the
selection to the Board of County Commissioners for ratification. The Human Resources Department will provide staff
support to the committee.
MINIMUM MEETING REQUIREMENTS
At a minimum, the EBAC will meet at least eight (8) times per year. Additional meetings may be scheduled at the
discretion of the committee. Subcommittees may also be established at the discretion of the committee.
The EBAC may request the removal or replacement of a voting member who is not able to attend two (2) or more
consecutive EBAC meetings, or four (4) or more meetings in any twelve-month period.
No vote shall be taken on any recommendation to the Board of Commissioners in an EBAC meeting without a quorum
present. A quorum is defined as a majority of the voting members, not including vacant positions.
The meetings will be open to all interested employees. Minutes of each meeting will be kept and in turn distributed to
each committee member, the Board of Commissioners, and Department Officials, and will be posted on department
bulletin boards and on the County's intranet site. All employees with an e-mail address will receive notice of planned
meetings and an electronic copy of the minutes of each meeting.
33
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of October 10, 2018
DATE: October 3, 2018
FROM: Peter Russell, Community Development, 541-383-6718
TITLE OF AGENDA ITEM:
DELIBERATIONS: for an Appeal of a Hearings Officer's Decision that Paved Taxiway
Violates the Open Space Requirement for Eagle Air Estates Cluster Subdivision
RECOMMENDATION & ACTION REQUESTED:
Review the submitted materials and deliberate.
BACKGROUND AND POLICY IMPLICATIONS:
Eagle Air Estates (EAE) was approved as a cluster subdivision by CU-89-68/TP-89-701 with
35% of the area for human activity and 65% for open space. A private party filed a code
violation in Novmeber 2017, stating the paved taxiway violated the open space requirement.
EAE filed a declaratory ruling application (247 -18 -000138 -DR) in February 2018 that the paved
taxiway does not violate open space requirements. After a public hearing on May 22 the
hearings officer issued a decision in July 2018 that the paved taxiway did violate the open
space requirement. The hearings officer's decision was appealed by 247-18-000626-A and
the Board held a public hearing on September 5, 2018. The key issues in the hearings officers
decision was the definitions and interpretation of these terms: present use, open space,
development, and enhance recreation opportunies as they pertain to Public Law 15 (PL -15),
the applicable code in 1989. Under Deschutes County Code (DCC) 22.40.040(C) a Board
decision in a declaratory ruling sets policy.
FISCAL IMPLICATIONS: None.
ATTENDANCE: Peter Russsell, Planning Division.
STAFF MEMORANDUM
TO: Board of County Commissioners
FROM: Peter Russell, Senior Transportation Planner
DATE: October 3, 2018
DELIBERATIONS: October 10, 2018
RE: Deliberations for an appeal of a declaratory ruling on a paved taxiway
in open space at Eagle Air Estates Cluster Subdivision (247 -18 -000626-
A/247 -18 -000138 -DR)
I. BACKGROUND
The Board of County Commissioners (Board) held a public hearing on September 5, 2018, at 9:00
a.m. to hear an appeal, 247-18-000626-A, which was an appeal of a hearings officer's denial of 247-
18 -000138 -DR regarding an approximately 30 -year-old paved taxiway between Eagle Air Estates and
Sisters Eagle Air Airport. The subject property has no assigned address, but is identified on the
County Assessor's map as 14-10-33D, Tax Lot 99. The Eagle Air Estates (EAE) Cluster Subdivision
was originally approved under CU-89-68/TP-89-701. (Please see Figures 1 and 2.) The declaratory
ruling was filed in response to a code enforcement complaint filed by a private party.
The hearings officer in his july 25, 2018, decision found the paved taxiway did violate the open space
requirement. The hearings officer also determined a declaratory ruling was appropriate and
identified what issues were germane. Specifically, the hearings officer's decision, based on the
County code language at Deschutes County Code (DCC) 22.40, limited his ruling to what is open
space; what is development; what were the land use regulations in effect when EAE was approved;
what was the then -present use in 1989; and what is enhanced recreational opportunities. The
hearings officer's decision stated anything else (calculation of open space, absence of paved taxiway
on final EAE plat, access to Sisters Airport, design of paved taxiway, flooding, etc.) was not relevant.
At the September 5 hearing, the open record period ending Sept. 12, and the mutual rebuttal period
ending September 19, public testimony raised numerous and wide-ranging issues. Many of these
were also raised at the May 22, 2018, public hearing before the hearings officer and during the open
record and mutual rebuttal period in 247 -18 -000138 -DR. (Pjeas� s_e__attached Table o_Contents.)
Figure 1, EAE Open Space, aka Common Area, 14-10-33D, Tax Lot 99
Figure 2, EAE Paved Taxiway
Page 2 of 7
II. DECLARATORY RULING PROVISIONS
Deschutes County Code (DCC) 22.40 sets for the process for declaratory rulings, which are to resolve
fact -specific controversies. Eagle Air Estates Homeowners Association (EAE HOA), had applied for a
declaratory ruling on the fact -specific controversy that a paved taxiway did not violate the open
space requirements of the EAE cluster subdivision. CU-89-68/TP-89-701 as a condition of approval
required 65% of the EAE site had to remain in open space. The subject property for the open space
is described on the County Assessor's Tax Map as 14-10-33D, Tax Lot 99.
The applicable code at the time was PL -15, Section 1.030 (Definitions) at (21) (Cluster Development)
and (80) (Open Space) and Section 8.050 Specific Use Standards (16) (Cluster Developments). The
hearings officer ruled against EAE HOA, deciding the existing paved taxiway did violate the open
space requirements. Mike Morgan, a resident of EAE and a party with standing via his written
participation in the public hearing process, filed a timely appeal.
While the Board is hearing 247-18-000626-A as a de novo case, staff has consulted both the hearings
officer's decision as well as with Legal Counsel and notes the appeal now before the Board is
specifically limited to the question raised by Eagle Air Estates in the original land use application,
247 -18 -000138 -DR:
• "A declaratory ruling that the paved taxiway does not violate 'open space' requirements."
Staff does not presume whether the Board will uphold or reverse the hearings officer's decision,
but merely points to Table 1 below which references the hearings officer's decision on which topics
were germane to the question asked. The Board can of course decide to vary from the hearings
officer's determinations of what is relevant or irrelevant.
Table 1. Hearings Officers Ruling on Relevance to Paved Taxiway in Open Space
Topic
Relevant
Page(s) in HO Decision
Paved taxiway allowed in Open Space
Yes
12
Paved taxiway violate 65% Open Space
Yes
12
Open Space definition
Yes
19-20
Present Use definition
Yes
17-22
Flying as recreational activity
Yes
21
Development definition
Yes
17-22
Paved taxiway allowed in RR -10
No
11
Taxiway not shown on EAE final plat
No
11
Status of legal access to Sisters Airport
No
12
Safety of location of paved taxiway
No
13
Paved taxiway and runway flooding
No
13
Home setbacks from runway
No
13
Calculation of 65% Open Space
No
Not addressed
Page 3 of 7
III. MAJOR ISSUES IN HEARINGS OFFICER'S DECISION
Although public testimony raised myriad issues, the hearings officer determined only the following
areas were pertinent to the declaratory ruling. These items are not presented in any order of
priority and are more fully discussed below and in the attached decision matrix:
• Applicability of a Declaratory Ruling
• Definition of Present Use
• Definition of Open Space
• Definition of Development
• Definition of Enhance Recreation Opportunities
Applicability of a Declaratory Ruling
When the paved overrun was constructed at the north end of the Sisters Airport runway in the open
space on EAE HOA property, the County presented an August 2016, memo on possible ways to
resolve the situation. One of the suggestions was to apply for a declaratory ruling on whether a
paved overrun was allowed in the zone. After the overrun was physically removed a private party
filed a code enforcement complaint against EAE HOA on the paved taxiway. County staff stated a
declaratory ruling application remained a viable option. Staffs August 2016, memo pointed out that
the County guaranteed a process, not an outcome.
In 247 -18 -000138 -DR, the EAE HOA and Mr. Malone said a declaratory ruling was an appropriate
approach as the fact -specific controversy was whether a paved taxiway violated the open space
requirement of CU-89-68/TP-89-701. Deschutes County Code (DCC) 22.40 describes when a
declaratory ruling is applicable. Ms. Dickson argued a declaratory ruling was inapplicable as there
was no ambiguity in the relevant County Comprehensive Plan or development code which required
interpretation and that the declaratory ruling would modify a land use decision, which is not an
allowed use of the declaratory ruling process. As the question at hand involved interpretation of a
limitation of County -issued land use permit and its applicability, the hearings officer found DCC
22.40.010(A)(1) and (2) applied. Similarly, the fact -specific controversy of whether a paved taxiway
was allowed in open space, the hearings officer ruled, met the criterion of DCC 22.40.010(B).
Definition of Present Use
In its application, EAE HOA argued the present use of the open space was a paved taxiway and had
been the continuing use for approximately 30 years. The hearings officer found "present use" as
used in PL -15 Section 1.030(80), which was the controlling document at the time of the application
of CU-89-68/TP-89-701, meant the condition of the land prior to the presence of the subdivision and
its paved taxiway. Please refer to Pages 17-22 of the hearings officer's decision.
To support his ruling that present use equated with pre -development, the 2018 hearings officer
focused his decision on the section of the CU-89-68/TP-89-701 where that 1989 hearings officer on
Page 2 of his approval findings described the then -present use of the land as follows:
'The subject area is approximately 60 acres in size, and consists of four (4) tax lots. The
topography is generally level and has a vegetative covering of bunch grasses,
Page 4of7
bitterbrush, juniper and pine trees. The site is undeveloped and has an old mining
pit..."' (Emphasis added.)
In reviewing the written record for the subsequent appeal, staff notes little argument regarding the
hearings officer's interpretation that the term "present use" meant use of the land prior to the
development of the EAE 12 -lot cluster subdivision. In her September 12, 2018, submittal Ms.
Dickson, representing Sisters Airport, notes ten facts she believes appellant Mr. Morgan needs to
prove in his appeal, but has not. Ms. Dickson cites at Number 7 that Mr. Morgan needs to prove
the paved taxiway was the present use at the time the EAE plat was approved in 1989, but did not.
Staff has not found any other arguments focusing on or referring to the term present use in the
written record.
Definition of Open Space
By contrast, there are ample submittals on the term open space, both in the record for the hearings
officer's decision in 247 -18 -000138 -DR and the appeal now before the Board. For reading
convenience, the actual language for Open Space from PL -15, Section 1.030(80) is presented:
Open Space: Land used for agricultural or forest uses, and any land that would,
if preserved and continued in its present use, conserve and
enhance natural or scenic resources, protect air, streams or water
supply, promote conservation of soils, wetlands, beaches or
marshes, conserve landscaped areas such as public or private golf
courses, that reduce pollution and enhance the value of adjoining
or neighboring property, enhance the value to the public of
adjoining or neighboring parks, forests wildlife preserves, nature
reservations or other open space, enhance recreation
opportunities, preserve historic, geological and archeological sites,
promote orderly urban development, and minimize conflicts
between farm and nonfarm uses. (Emphasis added.)
The arguments regarding open space generally fall into the following broad categories:
• Does the definition of open space mean the land is undeveloped?
• Must open space include all or one of the described traits in PL -15?
• Is open space the same as common area?
Does open space mean the land is undeveloped?
Both the 1989 and 2018 hearings officers pointed to the language in PL -15 Section 8.050(16)(B)(1)
which states in cluster developments "that human activities, including all development and
alterations of the natural landscape, will be limited to 35 percent of the land and 65 percent will be
in open spaces." This language was incorporated in the 1989 findings of approval for CU-89-68/TP-
89-701. Additionally, the 2018 hearings officer referenced the 1989 hearings officer's findings on
1 Quoted on Page 20 of hearings officer's decision in 247 -18 -000138 -DR, which in turn quotes Page 2 of CU-89-68/TP-89-
701.
Page 5 of 7
page 4 that "...the open area shall not be subject to development unless the whole development is
brought inside an urban growth boundary." Finally, the 1989 hearings officer stated in his decision
"[T]he open space areas are proposed to remain natural and not put toward any development."
In the 247 -18 -000138 -DR application on page 6 Mr. Malone, EAE HOA attorney, argued the paved
taxiway was included as part of the roadway, which is allowed in the 35 percent of the land devoted
to human activities and thus was not in the open space. He also argued even if the paved taxiway
were in open space, it met the "enhance recreational opportunities" allowed in open space. Mr.
Morgan has also argued for this interpretation.
The 2018 hearings officer determined open space meant undeveloped land, basing his ruling on
the PL -15 language that compares and contrasts between the uses for 35 percent of the land versus
the 65 percent, that EAE was not inside a UGB, and the findings for CU-89-68/TP-89-701.
Must open space include all or one of the traits described in PL -15?
Ms. Dickson and Mr. Bishop argued the listed traits must be read conjunctively, that is open space
must contain all of the listed traits as the traits are linked by the word "and" and not "or." Mr.
Malone, attorney for EAE HOA, and Mr. Morgan, the appellant to the hearings officer's decision,
argued open space only needed to contain one of the traits as several traits were in conflict (as an
example, forest wildlife preserves vs. orderly urban development). The hearings officer determined
open space only required one trait, not all of the traits as it would nigh on impossible for a parcel
to simultaneously possess all traits.
Is open space the same as common area?
Mr. Morgan argues the terms open space and common area described two different types of
classifications, arguing open space is described as natural undisturbed terrain whereas common
area is defined by legal ownership. (Staff notes the appeal of the declaratory ruling now before the
Board is not about the amount of open space or common area in the EAE subdivision. The issue
under appeal is whether a paved taxiway is allowed in open space.) Mr. Morgan also argued open
space was dynamic and could shift over time which was allowable as long as 65 percent of the land
in EAE remained in open space.
Ms. Dickson points out in her submittals that the developer used the terms interchangeably in the
application materials for CU-89-68/TP-89-701. The tentative plat labels areas open space while the
final plat labels the same locations common area. Ms. Dickson also appears to argue that open
space is static, meaning the final plat affixed the location of land designated as open space.
The 2018 hearings officer used both terms in his decision, often written as "common area/open
space."
Definition of development
Mr. Malone, the EAE HOA attorney, argued in the original submittal that a paved taxiway was not
development. The hearings officer reviewed the activities authorized by CU-89-68/TP-89-701 and
determined such actions as constructing residences, placing utilities, building roads, etc., were all
development. The hearings officer found that laying pavement upon the ground constituted
Page 6 of 7
development and thus a paved taxiway was development as it resulted in a hard surface to allow
vehicles to travel over the ground.
Definition of Enhance Recreation Opportunities
Testimony in both the original EAE HOA application and Mr. Morgan's appeal argue flying is a form
of recreation and that flying modern private aircraft requires a paved taxiway. Thus, the paved
taxiway qualifies as an allowable use in Open Space by definition at PL -15 Section 1.030 (80). The
hearings officer agreed that flying was a form of recreation. However, the paved taxiway, as
explained above, is considered development. The conditions of approval of CU-89-68/TP-89-701
required the open space to remain in its natural state and thus the hearings officer found a paved
taxiway violated the open space requirement. The hearings officer also referenced the requirement
that the human activity must be confined to 35 percent of the developed area and the paved taxiway
was in the 65 percent that was required to remain in its natural state as open space. Taxiing an
aircraft is a human activity.
IV. TIMELINE
The County has 150 days to issue a decision. EAE HOA submitted 247 -18 -000138 -DR on February
9, 2018. Through various tollings by the applicant the 150th day to render a local decision is now
November 16, 2018.
Attachments:
Decision matrix
Table of Contents of Materials Received During and Since 9/5 Hearing to 9/26 Final Argument
Page 7 of 7
Decision Matrix (247 -1 8 -000626 -A/1 38 -DR)
"A declaratory ruling that the paved taxiway does not violate 'open space" requirements"
Issue
Application(s)
Description
Staff Comments
Decision
These same arguments were
Is DCC 22.40, Declaratory Ruling, available to the applicant, Eagle
Applicant argues the criteria is met for DCC 22.40 regarding
raised in the lower decision for
Air Estate Homeowners Association, to resolve a code
interpretation of a County ordinance and its application;
247 -18 -000138 -DR. The
enforcement complaint?
interpreting a limitation in land use permit issued by the County;
hearings officer agreed with
1. Availability of
DCC
and resolving afact-specific controversy.
staff that there was a fact-
1. If no, then the Board can overturn the hearings officer decision
the
22.40.010,
Opponent argues a Declaratory Ruling is not available as there is
specific controversy (is a paved
and EAE HOA must pursue a different remedy to resolve the
Declaratory
Declaratory
no ambiguity in relevant County Comprehensive Plan,
taxiway allowed in open space)
code enforcement complaint.
Ruling Process
Ruling (DR)
development code (PL -15), and a declaratory ruling would modify
and that DCC 22.40.010 (A)(1)
and (2) were met as was
2. If yes, then the Board can continue to review the appeal of the
a County land use decision, CU-89-68/TP-89-701.
22.40.010(6). The declaratory
hearings officer's decision.
ruling process was available
and properly utilized.
Does "present use" mean prior to approval of CU-89-68/TP-89-701
Applicant and appellant argue" present use" meant at time of code
and its subsequent development?
enforcement complaint or that "present use" of the paved taxiway
1. If yes, then the Board must uphold the hearings officer's
PL -15 Section
was authorized by CU -89 -68 -/TP -89-701.
Staff agrees with the hearings
decision and continue reviewing the appeal.
2. Definition of
1.030(80) cited
in CU -89-
Opponents argue the appellant has not provided any additional
officer. Staff decisions and
hearings officer's decisions
2. If no, then the Board must overturn the hearings officer's
"present use"
68/TP-89-701,
facts or documentation to prove hearings officer erred in his July
historically have used "present
decision on the definition of "present use" but can continue to
hereafter EAE
2018 ruling or that paved taxiway was in existence prior to the
use" to describe a property's
review the appeal at the Board's discretion.
approval
application for CU-89-68/TP-9-701.
use at time of application,
which is pre -development.
a. If no, then the Board's decision will set a new County policy
2018 Hearings officer ruled "present use" meant pre -development
for the term "present use" per DCC 22.40.040(C)..
based on 1989 hearings officers findings for CU-89-68/TP-89-701.
Issue
Application(s)
Description
Staff Comments
Decision
Applicant and appellant argue open space does not apply as the
paved taxiway is located in the 35 percent of the EAE cluster
Does "open space" mean natural or undeveloped?
subdivision devoted to human activity. Applicant argues even if
the paved taxiway was in open space the use was allowed under
1. If yes, then the Board must uphold the hearings officer's
3. Definition of
PL-15 Section
the "enhance recreational opportunities" trait.
decision and continue reviewing the appeal.
"open space"
8.050(16)(B)(1)
Opponents argue neither the applicant nor the appellant provided
Staff agrees with the hearings
as natural or
cited in EAE
documentation that the paved taxiway was in portion the 35
officer.
2. If no, then the Board must overturn the hearings officer's
undeveloped
approval
percent of the EAE subdivision devoted to human activity.
decision but can continue to review the appeal at the Board's
Opponents also argue open space means natural or undeveloped.
discretion.
The hearings officer determined, based on the language of PL-15
a. If no, then the Board's decision will set a new County policy
and the 1989 hearings officer's findings in the EAE approval, that
for the term "open space" per DCC 22.40.040(C).
open space meant undeveloped land.
Applicant and appellant first argue open space does not apply as
Does open space require all of the traits listed at PL-15 1.030(80)?
the paved taxiway is located in the 35 percent of the EAE cluster
subdivision devoted to human activity. They then argue that traits
1. If yes, then the Board must overturn the hearings officer's
PL-15 Section
listed as open space can be read individually.
Staff agrees with the hearings
decision, but can continue to review the appeal at the Board's
4. Definition of
1.030(80),
officer, appellant, and applicant
discretion.
"open space"
open space
Opponents argue the listed traits for open space must be
that open space needs to
as related to
definition
interpreted as inclusive, meaning all traits apply simultaneously.
contain only one of the traits
a. If yes, then the Board's decision will set a new County
listed traits
cited in EAE
listed.
policy for the interpretation of the term "open space" per
approval.
The hearings officers determined the land used as open space
DCC 22.40.040(C) and its required elements.
only required one trait as several of the listed traits were in
conflict.
2. If no, then the Board can continue reviewing the appeal.
Are the terms "open space" and "common area" interchangeable?
Appellant argues "open space" means natural or undisturbed
Staff feels the two terms in the
terrain and can be dynamic as long as 65 percent of land in EAE
case of CU-89-68/TP-89-701 are
1. If yes, then the Board can continue reviewing the appeal.
S. "Open space" is
Temporary
remains open space.
synonymous. Staff notes the
the same as
and final plats
final plat uses the term
"common
2. If no, then the Board must overturn the hearings officer's
"common
in EAE
Opponents argue "open space" and "common area" are used
area" when totaling
decision, but can continue to review the appeal at the Board's
interchangeably on the two plats and areas so described are static.
the acreage in EAE for lands in
discretion.
area."
approval.
natural state vs. developed
Hearing officers used the terms jointly as "open space/common
(lots, road right of way, access
a. If no, then the Board's decision will set a new County policy
area."
easement).
for the interpretation of the term "open space" per DCC
22.40.040(C).
Issue
Application(s)
Description
Staff Comments
Decision
Does a paved taxiway constitute development?
Applicant and appellant argue paved taxiway is not development,
but rather is an enhancement of a recreational opportunity, i.e.,
1. If yes, then the Board must uphold the hearings officer's
civilians flying private planes. Applicant argues a paved taxiway is
decision and continue reviewing the appeal.
PL -15 Sections
thus similar to a golf cart path in a golf course.
6. Definition of
1.030(80) and
Staff agrees with the hearings
2. If no, then the Board must overturn the hearings officer's
"development"
8.050(16)(6)(1)
Opponents argue the paved taxiway is development as it required
officer.
decision, but can continue to review the appeal at the Board's
cited in EAE
the altering of the natural surface of the open space.
discretion.
approval.
The hearings officer found the paved taxiway was development as
a. If no, then the Board's decision will set a new County policy
it required the disturbance of ground and laying of asphalt.
for the interpretation of the term "open space" per DCC
22.40.040(C).
Applicant and appellant argue the paved taxiway is an essential
component for flying modern civilian aircraft and the flying of such
Is flying compatible with "enhance recreation opportunities"?
aircraft is a recreational activity. Thus the paved taxiway is allowed
in open space if the County determines this land to be so
1. If yes, then the Board can continue to review the appeal.
7. Definition of
PL -15 Sections
1.030(80) and
classified.
2. if no, then the Board must overturn the hearings officer's
"Enhance
8.050(16)(B)(1)
Opponents did not argue this point.
Staff agrees with the applicant
and the hearings officer.
decision, but can continue to review the appeal at the Board's
Recreation
cited in EAE
discretion.
Opportunities."
approval.
The hearings officer determined flying private aircraft is a
recreational activity and requires a taxiway, but a paved taxiway is
a. If no, then the Board's decision will set a new County policy
development and is a human activity that can only occur on the 35
for the interpretation of the term "enhance recreation
percent of EAE classified as development, not the 65 percent
opportunities" per DCC 22.40.040(C).
considered open space,
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of October 10, 2018
DATE: October 3, 2018
FROM: Matthew Martin, Community Development, 541-330-4620
TITLE OF AGENDA ITEM:
PUBLIC HEARING: Appeal of Marijuana Production at 63775 Diamond Forge Road, Bend
BACKGROUND:
The applicant, Andrew Anderson, filed for an Administrative Determination (file no. 247 -18 -000361 -AD)
to establish marijuana production at 63775 Diamond Forge Road, Bend. The subject property is located
within the Exclusive Farm Use (EFU) zone. The proposed marijuana production consists of a
maximum 5,000 square feet of mature marijuana plant canopy area.
The Planning Division issued an administrative decision without a public hearing on September 5,
2018, determining the application met the applicable criteria. A timely appeal of the approval (file no.
247-18-00766-A) was filed on September 17, 2018, by Todd and Denese Fitzmaurice.
ATTENDANCE: Matthew Martin, Associate Planner
MEMORANDUM
DATE: October 10, 2018
TO: Board of County Commissioners
FROM: Matthew Martin, Associate Planner
RE: Public Hearing: Land Use File Nos. 247-18-000361-AD/247-18-000766-A
I. PURPOSE
On October 10, 2018, the Board of County Commissioners (Board) will hold a public hearing to consider
an appeal, filed by Todd and Denese Fitzmaurice, in response to approval of an Administrative
Determination (AD) for marijuana production proposed by Andrew Anderson. The appeal materials
identify several objections listed in Section IV below.
II. BACKGROUND
On April 18, 2018, an application was filed for an Administrative Determination to establish marijuana
production at 63775 Diamond Forge Road, Bend. The subject property is located within the Exclusive
Farm Use (EFU) zone. The proposed marijuana production consists of a maximum 5,000 square feet of
mature marijuana plant canopy area.
The Planning Division issued an administrative decision without a public hearing on September 5, 2018,
determining the application met the applicable criteria. On September 17, 2018, the Board approved
Order No. 2018-062 to serve as the hearings body if an appeal was filed. A timely appeal of the approval
(file no. 247-18-00766-A) was filed later that day.
The complete record for the project, up to the notice of appeal, was provided to the Board for the work
session on September 171. The notice of appeal was presented to the Board at a work session on October
3,20182 .
III. PUBLIC COMMENTS RECEIVED
The Planning Division mailed a written notice of public hearing to property owners within 750 feet of the
subject property on September 20, 2018. Staff has not receive any additional comments to date.
9/17/18 Board Work Session: http://deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?ID=1912
2 10/3/18 work session: http://deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?ID=1920
IV. APPELLANT'S OBJECTIONS SUMMARY
The appellants, Todd and Denese Fitzmaurice, state several reasons for their appeal that are fully
described in the Notice of Appeal. The appellant's arguments are summarized below:
A. Expansion opportunities at the applicant's other marijuana production operation in the area
B. Traffic at other operation
C. Access off of non -county maintained road
D. Water truck traffic on homeowner maintained road
E. Loss of property and home value
F. Occupancy of and activity associated with the existing dwelling
G. Proximity to children living next door
H. Road frontage
I. Smell [odor] and noise
V. NEXT STEPS
At the conclusion of the testimony, the Board can consider the following options:
1. Close the public hearing and written record and begin deliberations;
2. Close the public hearing and leave the written record open to a date certain; or
3. Continue the public hearing to a date certain.
247 -18 -000766 -A/361 -AD
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