2019-102-Minutes for Meeting January 30,2019 Recorded 3/27/2019BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County
Nancy Blankenship, County Clerk
Commissioners' Journal
CJ2019-102
03/27/2019 8:11:12 AM
1111111111111111111111111111111
WORK SESSION MINUTES
1:30 PM
WEDNESDAY, January 30, 2019 ALLEN CONFERENCE ROOM
Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Tom
Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel;
Whitney Hale, Public Information Officer; and Sharon Keith, Board Executive Assistant. Several citizens
and representatives of the media were in attendance.
CALL TO ORDER: Chair Henderson called the meeting to order at 1:33 p.m.
ACTION ITEMS
1. PAC West Update:
Management Analyst Judith Ure and Paul Philips and Phil Scheuers of PAC
West presented the Deschutes County Legislative Update (presentation
attached to the record). The 2019 Legislative Session began on January 22.
Commissioner DeBone explained our process for the legislative session that
includes conference calls with legislators on Tuesday mornings. PAC West
will be sending the bills list out to the Board and Administrator. During the
topic of cap and trade for environmental measures, Commissioner DeBone
asked for details from PAC West on whether to support or not support bills
and in what measurements. Commissioner Adair asks PAC West to do
BOCC WORK SESSION
JANUARY 30, 2019 PAGE 1 OF 8
everything they can to help support the house bill relative to the request of
an additional circuit court judge. Commissioner Henderson requested a list
of legislators to contact regarding this bill so they can reach out for support
on February 12 at the AOC Lobby Day. PAC West will send a list to Ms. Ure.
2. Accela Contract Amendment
Sherri Pinner and Angie Havinear of Community Development presented the
Accela contract amendment. The department uses this software for
permitting for planning and code land management. The term of renewal
covers a five year period for a total contract price of $170,843.52.
DEBONE: Move approval
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
3. Certified Local Government Grant
Zechariah Heck, Community Development Department, presented the grant
opportunity. Deschutes County is eligible for funding and the grant
application is due February 22. The maximum award this year is $11,500 and
requires a 1:1 match through either funding or in-kind services. Some
projects identified were included in the staff report. Nick Lelack and Peter
Gutowsky of Community Development Department joined the discussion.
The Board expressed support
ADAIR: Move approval of grant application
DEBONE: Second
VOTE: ADAIR: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
BOCC WORK SESSION
JANUARY 30, 2019 PAGE 2 OF 8
4. Harper Bridge Update
Road Department Director Chris Doty and County Administrator Tom
Anderson presented the history of this matter. Mr. Doty spoke on traffic,
parking and safety concerns in that area. Two options presented would
include either a gravel parking area or a paved space. Commissioner Adair
expressed concern with the speed limit. Commissioner Henderson feels the
best option for parking is to have parking on one side of the road.
Commissioner DeBone explained his support in providing safety and has
been supportive of the design for some time and would like to move forward
with the plan.
A group of citizens were in the audience and Commissioner Henderson
invited them to the table to give input.
David Jameson, business owner of Toy House, feels a diagonal parking space
would be a safe solution.
f hristopher Kell, long-term home owner in Suinriver, and has spoken with a
number of the neighbors that approve the design plan even though it's not
perfect and notes the support of the community to get it done.
Carl Jansen, property owner and river floater, and would like to point out
there is one issue related to Harper Bridge. The issue would redirect the
floaters to another location. He also spoke on the plans of La Pine State Park
for a one way directional loop. Mr. Jansen feels we need to encourage the
Forest Service to extend the parking area at the access point at La Pine State
Park and run to Big River. This would allow a better float and would be a
safer option. There is a parcel of land that has been considered for traffic
redirection.
Commissioner Henderson commented we find ourselves in a different era
causing road blocks. Commissioner Henderson reported on an event last
evening with the Coalition for the Deschutes.
Robert Bennington, manager of vacation rental properties, feels a Tong -term
strategy for river access needs to be designed. The most urgent issue is that
BOCC WORK SESSION
JANUARY 30, 2019 PAGE 3 OF 8
of safety. He sees a change in behavior of both locals and visitors. He also
sees that posting a speed limit is not stopping people from driving fast and
he is concerned that a child will eventually be struck by a vehicle.
Dean Richardson lives in the area of the Big River and feels there is a safety
concern with Harper Bridge. He feels we need an immediate solution for
public safety but the fact is that people are allowed to float the river so we
need to find ways to make it safe.
Commissioner DeBone stated we need to make it safer and work together.
Commissioner Adair noted the safety of Harper Bridge has been on the
Deschutes County agenda since 2012 and sees this as a priority and there
should be options including shuttle service, parking on one -side of the road,
and ensuring enforcement.
John Holland feels a committee of people from the area should be formed to
look at solutions.
Commissioner Henderson wonders if a short term plan needs to be done
this year and doesn't see closing the area while people talk about a plan as
the cnli itinn
Commissioner Adair suggested a slower speed limit and signs noting
congestion ahead.
Ron Schmid spoke on safety concerns and potential for serious issues.
Sunriver Police Department Lt. Womer explained experience of issues he has
seen and the limited resources they have available especially in the summer.
Lt. Womer explained placing parking on the access side of the road in theory
would eliminate people crossing the road with all of their float equipment.
Lt. Womer feels the use within the past five years has increased.
County Administrator Anderson commented on testimony heard today
shows we have the will and some resources but we don't have land and
alternative access point(s) needed to work on a better design. Mr. Anderson
noted he and Mr. Doty remain available to discuss a short term and long
term solutions.
BOCC WORK SESSION
JANUARY 30, 2019 PAGE 4 OF 8
Commissioner DeBone supports this design with pavement and striping.
DEBONE: Made motion to support plan design 1A with pavement as
proposed by Road Department
Commissioner Henderson stated he is not there yet for support and feels
there should only be parking on one side of the road.
Eric Robinson manager of the Crosswater community and recognizes the
complications of this matter and noted he like a short term and long term
plan to address safety and congestion.
Road Department Director Chris Doty explained the fence on the Sunriver
side is within the right of way and the Crosswater side is a setback. The
design proposal has parking up to the distance of the fence on both sides. If
parking was provided on both sides then a traffic footpath could be
developed to channel users away from the roadway.
Commissioner DeBone mentioned there was a motion on the floor.
Commissioner Adair feels it is safer to park nn one cine and wants to make it
as safe as possible. There being no support/second t for the motion, the
Motion Failed.
RECESS: At 4:01 p.m., a recess was taken and the meeting reconvened at 4:09 p.m.
OTHER ITEMS:
• Management Analyst Judith Ure and Community Development Director
Nick Lelack presented a draft letter to the Committee on Environment and
Natural Resources on Senate Bill 88 regarding Accessory Dwelling Units.
The Board made a few language changes. Nick Lelack noted a key
BOCC WORK SESSION JANUARY 30, 2019 PAGE 5 OF 8
concern of the Committee on Environment and Natural Resources is
wildfire concerns by increasing dwellings in wildfire prone areas.
Commissioner Henderson suggested including a cover letter.
• Ms. Ure presented a draft letter of support for House Bill 2239 increasing
the number of Circuit Court Judges in certain Judicial Districts. Ms. Ure
distributing talking points for the support of the Deschutes County Circuit
Court Judge position/funding.
• Ms. Ure also presented a draft agenda for next Tuesday's Legislative
Session. Commissioner Henderson would like to have legislators talk
about their priorities.
5. Draft Update to RM1 Policy, Driving on County Business
Erik Kropp and Laurie Smith of Risk Management provided an overview on
the Deschutes County driving policy. Ms. Smith explained the county is self-
insi!red The County offers a winter driving program for runty staff alcn if
someone is involved in an at -fault accident there is an option to have them
do a video education program put on by the National Safety Program. Ms.
Smith also reported on cost savings for windshield replacement program and
she also explained a driving safety tip that will be included in Friday Updates
to increase awareness. Mr. Kropp explained the history on the driving policy
and explained the changes to the current policy.
DEBONE: Move approval of County Administrator signature
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
BOCC WORK SESSION
JANUARY 30, 2019 PAGE 6 OF 8
OTHER ITEMS:
• Committee Appointments: County Administrator Anderson noted the list
of pending Committee appointments was placed in the Board's mail boxes
today. Commissioner Henderson asked to defer this discussion to next
week.
• Fair Board: Commissioner Henderson has met with one of the candidates
being considered.
DEBONE: Move appointment of Aaron Curtis to the Fair Board
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
• CO!C: Commissioner Henderson minis iln like to meet the two candidates fnr
reappointment within the next few days. Commissioner DeBone mentioned
his support of the reappointment to the two candidates presented.
COMMISSIONER UPDATES
• Commissioner DeBone met with the Bend Transportation Plan Steering
Committee and learned of ODOT's funding strategies. An initial funding
strategy was adopted at the City Council meeting as well as a design plan
concept.
• Commissioner Adair attended the Tumalo Community Meeting where ODOT
presented design options. There was a great attendance by the community.
BOCC WORK SESSION
JANUARY 30, 2019 PAGE 7 OF 8
• Commissioner Henderson also attended the Tumalo Community Meeting.
He also attended the Vision for Deschutes event and heard of the
collaboration of people on river issues.
EXECUTIVE SESSION: None scheduled
ADJOURN
Being no further items to come before the Board, the meeting was adjourned at 5:11 p.m.
DATED this ---2E) Day of
Commissioners.
ATTEST:
�--11- CORDING SECRETARY
BOCC WORK SESSION
9 for the Deschutes County Board of
f
PHILIP G. F;ENDERSONB CHAIR
PATTI ADAIR, VICE CHAIR
ANTHONY DEBONE, COMMISSIONER
JANUARY 30, 2019
PAGE 8 OF 8
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 PM, WEDNESDAY, JANUARY 30, 2019
Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend
Work Session, which are open to the public, allow the Board to gather information and give direction to staff.
Public comment is not normally accepted. Written minutes are taken for the record
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
ACTION ITEMS
1. PAC West Update - Paul Philips
2. Accela Contract Amendment - Sherri Pinner, Management Analyst
3. Certified Local Government Grant - Request to Proceed - Zechariah Heck, Associate
Planner
4. Harper Bridge Update - Tom Anderson, County Administrator
5. Draft Update to RM -1 Policy, Driving on County Business - Erik Kropp, Deputy County
Administrator
COMMISSIONER'S UPDATES
EXECUTIVE SESSION
Board of Commissioners Work Session Agenda
of 2
Wednesday, January 30, 2019 Page 1
At any time during the meeting an executive session could be called to address issues relating to ORS
192.5660(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 public.
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners with to discuss as part of the
meeting pursuant to ORS 192.640.
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.org/meetingcalendar
Meeting dates and times are subject to change. If you have question, please call (541) 388-6572.
Board of Commissioners Work Session Agenda
of 2
Wednesday, January 30, 2019 Page 2
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BILLS INTRODUCED
Jan. 18th — LC Draft Request Deadline
House Bills = 902
Feb. 26th — Measure Intro Deadline
Feb. 2791— Revenue Forecast
Mar. 29th — Post Work Session Deadline
April gth — 1St Chamber Work Session Deadline
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Pac/West Communications
8600 SW St. Helens Dr.
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 Work Session of January 30, 2019
DATE: January 16, 2019
FROM: Zechariah Heck, Community Development, 541-385-1704
TITLE OF AGENDA ITEM:
Certified Local Government Grant - Request to Proceed
SUMMARY: Every twenty-four months, the State Historic Preservation Office offers matching
grants to jurisdictions that have been "certified" as historic preservation partners with both state
and federal governments. Since 1986 Deschutes County has been a "Certified Local Government"
and is therefore eligible for grant funding. Staff will discuss the grant opportunity with the Board
and request support to apply for the upcoming grant cycle. (Reference County Policy GA -20)
SES
COMMUMiY. DEVELOPMENT
MEMORANDUM
DATE: January 16, 2019
TO: Board of County Commissioners
FROM: Zechariah Heck, Associate Planner
RE: Certified Local Government Grant Application - Permission to Proceed
REQUEST
This memorandum provides an overview of the Certified Local Government (CLG) program and
requests support to apply for a 2019-2020 CLG grant.' The grant application deadline is February
22, 2019. If approved by the State Historic Preservation Office (SHPO), grant funds will be distributed
in April. All CLG funded projects need to be completed by August 31, 2020.
OVERVIEW
Every twenty-four months-, Jnr i offers matching LLl 111 Ig gr dI IlJ to jurisdictions IJ Uldl. IIdVe UCCI1 "certified"
as historic preservation partners with both state and federal governments. Since 1986 Deschutes
County has been a CLG and is therefore eligible for grant funding. Over several grant cycles, our
historic preservation program identified historic resources, offset costs associated with staffing the
Historic Landmarks Commission (HLC), educated the public, and preserved historic structures.
The CLG grant is non-competitive, which assures that all CLGs throughout the state benefit. The
maximum award for this grant cycle is $11,500 and requires at least a 1:1 match of local funds or
donated services/supplies.' State and federal requirements regulate the CLG grant, including
project budget, timeline, inspections and audits, reports, billings, and consultant standards. As
mentioned above, Deschutes County has been a recipient of CLG funds for decades. CDD staff relies
on the professional input and direction of the HLC, an appointed body that provides technical
expertise on historic and cultural resource issues for the rural county and the City of Sisters. On
January 7, 2019, the HLC identified the following projects that could be completed by August 31,
2020.3
1 As prescribed in County Policy GA -20.
2 In the 2018-2019 CLG Grant the final ratio was 1.6:1, i.e., the county accounted $18,140 in total costs, while
the CLG funded $12,500 in total costs. A vast majority of the county costs were attributed to staff time
involved with nominations of the Central Oregon Canal to the National Register of Historic Places.
3 The Deschutes County and City of Sisters Historic Preservation 2015-2020 Strategic Plan helped inform the
HLC on potential Projects.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
' (541) 388-6575 (.P cdd@deschutes.org www.deschutes.org/cd
• May Historic Preservation Month (2019 and 2020).
• Structural studies and design specifications for the Tetherow House.
• Updating the county's historic property inventory.
• An Intensive Level Survey in the City of Sisters.4
• Financial support to restore the Paulina Lake IOOF Cabins.
• Financial partnership with City of Bend, Redmond and the Des Chutes Historical
Society to support the new smart phone heritage walk.
• Update the county historic landmarks story map.
In addition, the CLG grant can offset, up to $1,500, staffing the HLC. If the Board supports pursuing
a CLG grant, staff will coordinate with the HLC to finalize the application by the February 22, 2019
deadline.
Attachment:
Document Summary
4 If resources are available; to be determined by City of Sisters.
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 Work Session of January 30, 2019
DATE: December 12, 2018
FROM: Tom Anderson, Administrative Services, 541-388-6565
TITLE OF AGENDA ITEM:
Harper Bridge Update
ATTENDANCE: Chris Doty, Road Department
SUMMARY: At the Board's August 20th work session, staff provided the BOCC a Harper
Bridge update. At the conclusion of that meeting, commissioners asked staff to work with
Commissioner Henderson to investigate alternative options and gather background information
on those options from key stakeholders, including neighboring property owners.
Staff is bringing this summary of stakeholder feedback and the initial proposed parking concept
back for further Board direction and discussion.
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January 31, 2019
Board of County Commissioners
Sen. Michael Dembrow, Chair
Senate Committee on Environment and Natural Resources
900 Court St. NE
Salem, OR 97301
RE: Deschutes County Support for SB 88
Dear Chair Dembrow:
PO Box 6005, Bend, OR 97708-6005
1300 NW Wall Street, Suite 206, Bend, OR 97701-1960
TEL (541) 388-6570 • FAX (541) 385-3202
www.deschutes.orq
board@co.deschutes.or.us
Philip G. Henderson
Patti Adair
Anthony DeBone
Thank you for the opportunity to provide comments in support of SB 88 on behalf of the Deschutes County
Board of Commissioners.
Deschutes County is Oregon's fastest growing county'. This bill allows our county to:
• Provide housing without public resources;
• Increase the supply of rental and multigenerational housing;
• Legalize some existing, unpermitted second dwelling units; and
• Increase the affordability of housing by allowing property owners to purchase or maintain a home with
rental income from the ADU or from the primary dwelling if living in the ADU.
This bill also implements Deschutes County's 2030 Comprehensive Plan, adopted in 2011, Policy 3.3.5 by
allowing ADUs in Rural Residential zones:
Maintain the rural character of the County while ensuring a diversity of housing opportunities, including
initiating discussions to amend State Statutes and/or Oregon Administrative Rules to permit accessory
dwelling units in Exclusive Farm Use, Forest, and Rural Residential zones.
In addition, Deschutes County encourages the Committee to provide local control to counties to determine
development standards and limitations governing ADUs. While Deschutes County supports more local control
1 The Population Research Center's (PRC) Coordinated Population Forecast 2018 through 2068 for Deschutes County
projects the county's population increasing from 187,621 (2018) to 432,930 (2068). In addition, the December 2018 PRC
Certified Population Estimate shows Deschutes County's 3.3% growth rate for 2017-18 to be the highest in the state.
than drafted in SB 88, the proposed standards are workable and address issues of statewide interest. We
recommend not amending the bill to impose any additional standards.
Sincerely,
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Philip G. Henderson, Chair
Patti Adair, Vice Chair
Anthony DeBone, Commissioner
cc: Deschutes County Board of Commissioners
Sen. Cliff Bentz
Sen. Tim Knopp
Sen. Dennis Linthicum
Rep. Daniel Bonham
Rep. Cheri Helt
Rep. Mike McLane
Rep. E. Werner Reschke
Rep. Jack Zika
January 29, 2019
Representative Jennifer Williamson,
Chair House Judiciary Committee
Oregon State Legislature
Salem, Oregon
RE: HB 2239 - Increasing the number of Circuit Court Judges in certain Judicial Districts
Chair Williamson and Members of the Committee:
The Deschutes County Board of Commissioners strongly urges you to pass HB 2239 out of
Committee.
Should the legislature add an additional Judge to the 11th Judicial District, the Court would
designate that Judge as a trial judge with several effects:
First, it would support the following efforts undertaken by the Court to mpr ove outcomes and
meet time standards in juvenile dependency cases by allowing the court to:
• Ensure that a single judge hears all dependency matters, which would provide
consistency for the families involved in these cases;
• Serve as a pilot site for the Differentiated Case Management project that is
intended to reduce the number of children who are in care for longer than two years;
and,
• Establish a daily set time for shelter care hearings as part of the Oregon Judicial
Department's efforts related to the budget note in HB 5006.
Second, it would increase the amount of judge time available to hear contested shelter care
hearings and termination trials.
Finally, the addition of another trial judge would reduce the time to trial in criminal cases, which
are currently being set out six months. In Deschutes County, this is increasingly creating a risk to
public safety as cases, primarily DUII's, approach statutory deadlines for trial and are in danger of
being dismissed.
1300 NW Wal•. Street Bend, Oregon 97703
"" (541) 388-6571 7 board@deschutes .org www.deschutes.org
Deschutes County has been the fastest-growing county in Oregon for the past decade, but the
number of Circuit Court judges provided to the 11t" Judicial District has not kept pace with this
growth. In fact, the population of Deschutes County has increased 45 percent since the last judge
was added in 2003 (57,000 residents ago).
As you may know, the Deschutes County Circuit Court is one of the most under -resourced courts
in the state in terms of both judges and staff. The 2015 Oregon Circuit Court Judicial Officer
Workload Assessment Study estimated that the Deschutes County Circuit Court needs 2.6
additional judges and 10.9 additional staff.
We want you to know, as we do, that our Circuit Court, despite their resource constraints,
continues to innovate and find solutions for our community. In 2014 the Court piloted Informal
Domestic Relations Trials, providing quicker and less contentious resolution in divorce and child
custody cases. This approach, now in place statewide, earned national recognition as the
recipient of the 2017 Irwin Cantor Innovative Program Award. We trust that our Court will
effectively leverage the addition of another judge.
The Commission appreciates your efforts to work with the judicial Branch and support safe
families and communities for our children. We strongly support HB 2239 and hope the state will
recognize the growing and immediate need we have for a judge and judicial staff in Deschutes
County.
Please feel free to contact us if you would like additional information.
Sincerely,
The Deschutes County Board of Commissioners
Phil Henderson, Chair
Patti Adair, Vice -Chair Anthony DeBone, Commissioner
Cc: Rep. Mike McLane
Rep. Cheri Helt
Rep. Jack Zika
Rep. Daniel Bonham
Sen. Tim Knopp
Sen. Dennis Linthicum
Sen. Cliff Bentz Hon.
Martha Walters, Chief justice
Ms. Nancy Cozine, State Court Administrator Judges of the 11th Judicial District
Deschutes County Circuit — Innovation in response to Adversity
Adversity
Deschutes County has been the fastest-growing county in Oregon for the past decade,
but the number of Circuit Court judges has not kept pace with this growth. In fact, the
population of Deschutes County has increased 45 percent since the last judge was added
in 2003 (57,000 residents ago).
The Deschutes County Circuit Court is also one of the most under -resourced courts in the
state in terms of both judges and staff. The 2015 Oregon Circuit Court Judicial Officer
Workload Assessment Study estimated that the Deschutes County Circuit Court needs
2.6 additional judges and 10.9 additional staff.
The Court's budget is more than $800,000 less than it was a decade ago. Staff reductions
have led to reduced public service hours and increased delay in case resolutions, with
trial dates being set six months out from the date of the request.
Efficiency
Over the past 8 years the court has transitioned from an "individual calendar" system to a
"master calendar" system. In an individual calendar system, a case is assigned to a single judge
on the day the case is filed, and it stays with that judge for the life of the case. The advantage is
that a judge becomes familiar with their cases, especially the complex ones that have multiple
hearings. This is effective case management for complex cases. in a master calendar system,
hearings are set before which ever judge is assigned to that type of case on any given day. This
is highly efficient, especially for simpler criminal cases that only require one or two hearings
prior to entry of a guilty plea by a defendant. The Deschutes County Circuit Court adopted a
very efficient case management system in response to caseload demands.
Prioritization
The Court has made one exception to the master calendar system: dependency cases. The
Court has assigned a single judge to hear the majority of dependency cases and hearings,
effectively creating an individual calendaring system for dependency cases. The Court did this
because the Court places a high priority on effectively resolving these cases which impact the
most vulnerable children in our community. The Court is also participating in a pilot project
applying differentiated case management principles to dependency cases. This means that
cases are put on different hearing schedules based on case characteristics, such as whether
criminal charges were filed related to the incident that led to the child's removal from the
home. In choosing to participate in this pilot, the Court also choose to dedicate staffing
resources to review these cases and assign them to the appropriate case schedule.
Innovation
The Court developed, and pilot tested "Informal Domestic Relations Trials." These trials,
designed primarily for people who are representing themselves, without an attorney, allow the
judge to lead the questioning of the parties, does not involve witness testimony, and relaxes
the rules of evidence. These trials are conducted in less than four hours and the judge usually
issues his or her written, final, judgment after a short break following trial. This approach, now
available statewide in Oregon has been emulated by other states and received national
recognition as recipient of the 2017 Irwin Cantor Innovative Program award.
Access to Justice
In 2016 the Circuit Court and the Deschutes County Bar Association jointly charted the
Deschutes County Access to Justice Committee. Following a model adopted in other states, but
new to Oregon, the Committee created an opportunity for Deschutes County residents to meet
with a lawyer for 30 minutes to help determine if they had a legal problem and generally what
the next step for that individual might be. The program, launched in early October 2017,
matches community members with volunteer lawyers one night a week at the Deschutes Public
Library. In the first eleven months of 2018, the program served over 400 people, addressing a
diverse set of legal issues include family law, probate, consumer and housing law.
Balancing Efficiency and Procedural Justice
Several years ago, the Court began asking defense counsel and criminal defendants who had a
hearing scheduled to enter a plea of guilty and request a trial date to show up early to the
courtroom and get a trial date and then file the not guilty entry of plea in paper, avoiding an in -
court appearance before the judge. This saved between 5 and 8 minutes of courtroom time per
case as this largely ministerial activity was taken out of the courtroom, an efficiency which
allowed the court to set more cases for entry of a guilty pleas during those court sessions.
This worked well until a gentleman flew in to Bend from a different state to attend the hearing
set for entry of a not guilty plea by the person accused of killing his daughter. Because the not
guilty plea was completed without a hearing, he just sat in the courtroom waiting for the case
to be called. When the court session ended, he could not find anyone who could tell him what
happened. When he tried calling the court later that afternoon, no one answered the phone
because the court turns off the phone system at 2 PM each day.
Because of this person's experience, the court has returned to the practice of entering not
guilty pleas in open court and on the record.
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 Work Session of January 30, 2019
DATE: January 18, 2019
FROM: Erik Kropp, Administrative Services, 541-388-6584
TITLE OF AGENDA ITEM:
Draft Update to RM -1 Policy, Driving on County Business
RECOMMENDATION & ACTION REQUESTED:
Provide input to the draft updated policy; approve County Administrator signature
on the policy.
ATTENDANCE: Erik Kropp and Laurie Smith
SUMMARY:
To ensure that employees driving on official County business are qualified to drive and drive safety,
Deschutes County has Administrative Policy RM -1, Driving on County Business and Vehicle Operation
(attached). Since its adoption more than 10 years ago, there have been changes in the State of Oregon
driving laws as well as operational changes that warrant an update the policy.
Attached for Board consideration is a draft update to RM -1. The main changes to the updated policy are
as follows:
1. Updates the steps Risk Management and HR take in processing driving records to better
match current practice (page 2 of RM -1).
2. Removes the requirement (under "Driver Education") for all employees to attend a driver's
education class every two years. Instead, employees involved in at fault collisions may be
required to take a driver training course (page 3 of RM -1).
3. Updates requirements, such as the Minor Consent Form, related to having passengers in a
County vehicle (page 4 of RM -1).
4. References the State of Oregon Distracted Driver law (page 5 of RM -1).
5. Updates the DMV accident reporting threshold (page 6 of RM -1).
6. In addition to smoking, includes vaping and using smokeless tobacco as prohibited activities
in a County vehicle (page 7).
7. Allows for points associated with driving infractions to eventually fall off the scoring matrix
(Appendix A of RM -1).
At the work session, in addition to reviewing the draft update to the policy, Risk Management staff will
provide an overview of the County's program related to driving.