2020-112-Minutes for Meeting February 24,2020 Recorded 3/26/2020TES C
BOARD OF
o
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
12:00 PM
Recorded in Deschutes County C J2020_112
Nancy Blankenship, County Clerk
Commissioners' Journal 03/26/2020 3:19:55 PM
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2020-112
MOAY February 24, 2020 ALLEN CONFERENCE ROOM
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Henderson. 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 no identified representatives of the
media were in attendance.
CALL TO ORDER: Chair Adair called the meeting to order at 12:00 p.m.
ACTION ITEMS
1. Budget Consideration of 2020 Fire Free Events
County Forester Ed Keith, Fire Adapted Communities Coordinator Boone
Zimmerlee, and Solid Waste Operations Director Timm Schimke presented
the cost estimates for the proposed two additional dates for this year's Fire
Free event. Mr. Schimke reviewed the expenses from 2019. The additional
dates will be scheduled in May for the spring 2020. Mr. Schmike reported
Deschutes Recycling offers a half price event in the fall. Mr. Keith explained
volunteers are arranged for the Fire Free events and may be a challenge for
an additional weekend and points out the need to find staff to cover the
BOCC MEETING FEBRUARY 24, 2020 PAGE 1 OF 5
event. Commissioner Henderson suggested contacting Heart of Oregon to
participate as volunteers. A County staff person could be assigned to track
the volume. Commissioner Adair acknowledges the importance of providing
extra days for the event to increase efforts to keep our community fire safe.
Commissioner DeBone commented he is impressed with the increased
attendance this year for people engaged with Project Wildfire.
HENDERSON: Move approval of additional four days expense for the
2020 Fire Free Events
DEBONE: Second
Commissioner DeBone inquired where the funding will come from. Mr.
Schimke presented a concept of accepting yard debris at no cost for
residents throughout the year. Commissioner Adair inquired on burning
debris and suggested contacting DEQ on practicing brush pile fires. Solid
Waste Department will cover the costs of the additional days for the event
through their budget.
VOTE: HENDERSON' Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
2. Association of Oregon Counties Membership Dues Discussion
Communications Director Whitney Hale presented a draft letter relative to
the recent invoice in the amount of $62,080.95 from the Association of
Oregon Counties (AOC) for 2020 membership dues. Commissioner Adair
explained the invoice amount had increased 16% from last year.
Commissioners Henderson and Adair do not feel Deschutes County is
receiving desired services and advocacy from AOC. Commissioner DeBone is
on the budget board for AOC and stated the general fund dues has increased
and explained the scope of services provided by AOC. Commissioner
Henderson questions charge for Deschutes County for public lands fund
dues of $9,997.45, and federal land management subcommittee dues of
$3,133.06. Commissioner DeBone explained the expenses support lobbying.
BOCC MEETING FEBRUARY 24, 2020 PAGE 2 OF 5
Commissioner Henderson doesn't agree with paying AOC for lobbying as he
feels Deschutes County's positions on the issues are not always represented.
Commissioner DeBone supports the payment in the full amount of
$62,080.95. Commissioner Adair suggested not paying the full amount and
consider a lesser amount to be submitted with a letter of explanation.
Commissioner Henderson doesn't want to support the federal lands and
public lands dues. Commissioner Henderson supports paying a lesser
amount and supports an 8% increase vs a $16% increase from the 2019
invoice. Commissioner Adair commented on another concern of not being
able to have a vote on the committees.
HENDERSON: Move approval of 2020 AOC invoice dues in the amount
of $57,858.00 and approval of a letter of explanation
ADAIR: Second
VOTE: HENDERSON: Yes
DEBONE: No
ADAIR: Chair votes yes. Motion Carried
Communication Director Whitney Hale will draft a letter for the Board's
review, edits and signature.
3. Presentation on the Oregon Pay Equity Law
Human Resources Director Kathleen Hinman and Assistant Legal Counsel
Amy Heverly presented. Ms. Hinman provided an overview and update on
the Oregon Pay Equity Law. Ms. Heverly explained complaints and claims
that can be filed by employees based on the law.
Commissioner Henderson asked for the next steps. Ms. Hinman explained
the study/evaluation process. Ms. Heverly reported the process is based on
organization size. An analysis will be done on similar classifications. County
Administrator Anderson commented on the possibility of using a consultant.
This was an initial presentation and further information will be presented.
BOCC MEETING FEBRUARY 24, 2020 PAGE 3 OF 5
4. Request from County Clerk for Limited Duration Position
Elections and Recording Supervisors Jeff Sageser and Stephen Dennison
presented the request of the Clerk's Office for a 2-year limited duration
position due to increased work load and succession planning due to
anticipated upcoming retirements. The reason for the request now prior to
waiting for budget process is to allow for the recruit to be hired prior to the
busy season and allow for orientation while the senior staff are available for
training. The Clerk's Office has seen a 156% increase in passport activity over
the past three years and 1,642 passports have been processed this year
alone due to the upcoming Real ID travel requirement that will be in effect in
October. The position would be certified for passport duty and trained for
election duties as well. After two years, the position will be reviewed and
considered if necessary to continue based on the department's activity.
HENDERSON: Move approval
DEBONE: Second
VOTE: HENDERSON: Yes
Yes
Chair votes yes. Motion Carried
EXECUTIVE SESSION:
At the time of 1:27 p.m. the Board went into Executive Session under ORS 192.660
(2) (e) Real Property Negotiations. The Board came out of Executive Session at 1:42
P.M. to direct staff to proceed as discussed.
At the time of 1:42 p.m. the Board went into Executive Session under ORS 192.660
(2) (b) Personnel. The Board came out of Executive Session at 2:16 p.m.
BOCC MEETING FEBRUARY 24, 2020 PAGE 4 OF 5
OTHER ITEMS:
• Commissioner Henderson inquired if a Board response should be made
regarding Senate Bill 1530. This item will be considered on Wednesday.
• The Eastern Oregon Counties Association quarterly meeting is scheduled at
3:00 p.m. today in La Grande and the Board will dial -in for the meeting.
Being no further items to come before the Board, the meeting was adjourned at 2:19 p.m,
DATED this I _ Day of _� 2020 for the Deschutes County Board of
Commissioners. —
ATTI A AI , CHAIR
BOCC MEETING FEBRUARY 24, 2020 PAGE 5 OF 5
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o.� Deschutes County Board of Commissioners
ar 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 BOCC Monday Meeting of February 24, 2020
DATE: February 19, 2020
FROM: Kathleen Hinman, Human Resources, 541-385-3215
TITLE OF AGENDA ITEM:
Presentation on the Oregon Pay Equity Law
BACKGROUND AND POLICY IMPLICATIONS:
ATTENDANCE: Human Resources Director Kathleen Hinman and Assistant Legal Counsel
Amy Heverly
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A/a
Interoffice memorandum
Date: February 24, 2020
To: Board of County Commissioners
From: Kathleen Hinman, HR Director
Re: Oregon Equal Pay Act Overview
When Congress passed the Equal Pay Act of 1963, it did so to "insure, where men and women are doing the
same job under the same working conditions that they will receive the same pay." Fifty-seven years later, we
are still not there. According the National Women's Law Center, women in Oregon earn 79.3 cents for every
dollar earned by men. In the last few years, numerous states have passed equal pay laws designed to correct
for the shortcomings of federal law.
While Oregon law has long prohibited employers from discriminating between "the sexes" in the payment of
wages for work of comparable character, (ORS 652.220), House Bill 2005, enacted by the 2017 Oregon
Legislative Assembly, amended the law substantially. The law extends pay equity protections beyond just
"the sexes" to a variety of protected classes, it prohibits employers from seeking and asking an applicants'
salary history, and expands employee remedies for discriminatory pay disparities.
Unlawful Practices Under the Law
This law makes it unlawful practice under ORS chapter 659A for employers to do the following:
Salary History Inquiry Prohibited
As of October 2017, the law prohibits employers from:
Screening job applicants based on current or past compensation.
Determining compensation for a position based on a prospective employee's current or past
compensation.
Inquiring about a candidates past or current salary information BEFORE an offer, including a
compensation amount, has been made.
The law allows employers to ask candidates if a salary range is acceptable.
1300 NW Wall Street, Suite201 Bend, Oregon 97703
(541 ) 3 8 8 - 6 5 5 3 hr@deschutes.org-www.deschutes.org
Wage Disparities for Work of Comparable Character are Unlawful
As of January 2019, the law prohibits employers from:
• Discriminating between employees, based on a protected class, in the payment of wages or other
compensation for work of comparable character.
Paying any employee at a greater rate than employees of a protected class for work of
comparable character.
Oregon Pay Equity Law Elements
Protected class includes race, sex, veteran status, disability, age, color, religion, national origin, marital
status, and sexual orientation.
Equal -Pay Analysis of the employer's pay practices may be completed as a defense and must be
completed in good faith and be reasonable in both detail and scope based on the size of the employer. A
formal analysis affords us the opportunity to assess all pay practices in the light of the law and is admissible
in court for the next three years if claims do arise.
Work of comparable character is work that requires substantially similar knowledge, skill, effort,
responsibility and working conditions in the performance of work, regardless of job description or job title.
Knowledge, skill, effort, responsibility and working conditions are the criteria used to determine which jobs
are of "comparable character" and should be compared for equity.
Working conditions includes work environment, hours, time of day, physical surroundings and potential
hazards encountered by an employee.
Compensation including wages, salary, bonuses, benefits, fringe benefits and equity -based compensation.
Permitted Circumstances for Different Compensation Levels
The law allows employers to pay employees differently for work of comparable character, only if the
difference in compensation levels is attributable to one or more "bona fide" factors related to the position.
These factors are specified in Law:
• A seniority system
• A merit system
• A system that measures earnings by quantity or quality of production (i.e. piece -rate work)
• Workplace locations
• Travel, if travel is necessary and regular for the employee
• Education
• Training
• Experience
1300 NW Wall Street, Suite 201 Bend, Oregon 97703
(541 ) 3 8 8 - 6 5 5 3 hr@deschutes.org www.descliutes.org
Any combination of the above factors may be used, provided the "combination of factors accounts for the
entire compensation differential."
"System" is defined as a consistent and verifiable method in use.
The amended law provides for a few exceptions to equitable pay for work of comparable character. An
employer may pay a different level of compensation to an employee who is:
On modified work due to a workers' compensation claim.
Due to a medical condition, temporarily performing modified work that is either authorized by a
licensed medical professional or requested by the employee and authorized by the employer in a
non-discriminatory manner.
Additional Provisions of the Pay Equity Law
Employers may not reduce the compensation of any employee in order to comply with the law.
Amounts owed to an employee due to a violation are considered "unpaid wages" under the law and a
violation is deemed to have occurred each time discriminatory compensation is paid.
Prohibits employers from discriminating against an employee because the employee has filed a complaint
under the law or has/may testify in any investigation or proceedings related to the pay equity law.
Employees may file complaints with the Civil Rights Division of Oregon Labor and Industries or a civil action
within one year after the alleged violation and tort claim notices must be given within 300 days of discovery
of the alleged violation.
Employers are required to post a notice of the requirements of the law in every establishment where
employees work.
Complaints Filed Regarding the Law
The law provides that if the commissioner of Oregon Labor and Industries issues a final order in favor of a
complainant alleging a violation of the pay equity law, the order must require the employer to pay an award
of back pay for the lesser of:
• The two-year period immediately preceding the filing of the complaint; or
• The period of time the complainant was subject to an unlawful wage differential by the employer.
Courts may award injunctive relief and any other equitable relief that may be appropriate, including back
pay, as well as compensatory damages.
Employer Defense in Award of Compensatory and Punitive Damages
1300 NW Wall Street, Suite201 Bend, Oregon 97703
(541 ) 3 8 8 - 6 5 5 3 hr@deschutes.org www.deschutes.org
The amended law provides authority to courts to grant employer motions to disallow awards of
compensatory and punitive damages in civil actions alleging violations of the pay equity law if the employer
demonstrates by a preponderance of the evidence that the employer:
• Completed within three years before the date that the employee filed the action, an equal -pay
analysis of the employer's pay practices; and
• Has made reasonable and substantial progress toward eliminating unlawful wage differentials for
employees.
If the court grants an employer's motion to disallow awards of compensatory and punitive damages and the
plaintiff prevails on the claim, the court shall order the employer to eliminate the unlawful wage differential
for the plaintiff and award back pay or unpaid wages, and may allow the prevailing plaintiff costs and
reasonable attorney fees.
Evidence of employer conducting an equal -pay analysis under this law is not admissible in any other
proceeding.
Evidence that an employer has increased an employee's pay as a result of conducting an equal -pay analysis
may not be considered as an admission of liability in a civil action alleging a violation.
1300 NW Wall Street, Suite201 Bend, Oregon 97703
(541 ) 3 8 8 - 6 5 5 3 hr@deschutes.org www.deschutes.org
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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 BOCC Monday Meeting of February 24, 2020
DATE: February 19, 2020
FROM: Erik Kropp, Administrative Services, 541-388-6584
TITLE OF AGENDA ITEM:
Request from County Clerk for Limited Duration Position
ATTENDANCE: Nancy Blankenship, County Clerk
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Request: 2-Year Limited Duration Full -Time Position
To meet increasing work load and succession planning opportunity
Justification:
The Deschutes County Clerk's office is requesting a two-year limited duration position, starting immediately.
Addressed below are the needs and proposed funding sources.
1. The additional, limited position, if recruited immediately, will receive approximately two months training
before the busy summer months when staff are on vacation and the issuance of marriage licenses escalates.
Four of the six recording personnel exceed 20 years of employment having a generous annual vacation
package that is used. Coverage is becoming more difficult while work volume increases.
2. Over the course of the next 2 to 3 years, a number of retirements are anticipated. The elevated level of work
presents an opportunity to hire a limited -duration employee to learn recording, marriage licenses, passports,
records center, etc., from current, experienced employees with the possibility of an opening during that time
frame. As identified in previous budgets, succession planning is a high priority as senior staff prepares for
their retirement. Adding this position captures the experience and knowledge of senior staff while preserving
the continuity of business services and work load.
3. Passport:
a. Between FY 16 and FY 19 passports have increased 156%. [FY 16 = 992; FY 19 = 2,543]
b. FY 20 continues to increase. During the first seven months 1,642 passports were accepted. It is
anticipated that between 2,800 and 3,000 passports will be accepted by year end. That translates to
an additional 11-19 days of activity/year.
c. Over the next few years, passport activity will continue to stay strong as our population increases and
the Real ID Act goes into effect. DMV, as published, will not be able to keep up with demand. This
includes the eight -year cycle for license/ID renewals along with those that are lost. This leaves the
traveling community one option - seeking a passport.
4. Recording: The Clerk's office is experiencing a 20% increase of recorded documents over last year and 10%
over FY 18. That translates to recording anywhere from 300 to 1,000 additional documents per month or 12
to 4R extra days of activity/vear.
Ave # of Documents
Recorded/Month
FY 17
FY 18
FY 19
FY 20
4489
4429
3898
4851
5. FY 2020 Funding Sources:
a. Passports: Projected revenue = $98,000 - $105,000 (Proposed was $80,0001
Net Increase = $18,000 to $25,000
b. Recording: Finance has projected revenue of $1.7M [Proposed was $1.275M]
Net Increase = $425,000
c. Position Salary and Benefits: $71,950 (based on Payroll projection calculator]
Returns to FY 2011 FTE levels
6. At the end of the two-year limited duration period, depending on the workload and funding for the position,
the office will have the following opportunities to consider:
a. Request extension of limited duration position.
b. Request position converted to a regular part-time position.
c. Request position converted to a regular full-time position.
d. End the two-year limited duration position.
1300 NW Wall Street Suit(_ 202 I PO Box 600,5 Bend, Or(_egon 97708-6005
(541)388-654-7- elections )cleschuLes.org 1 (541) 388-6549 - recording@cleschu[es.org
wvvvv.deschures.org/clerk