2020-276-Minutes for Meeting May 29,2020 Recorded 8/4/2020YES
£ t, BOARD OF Recorded in Deschutes County CJ2020-276
COMMISSIONERS Nancy Blankenship, County Clerk 08/04/2020 7:37:45 AM
Commissioners' Journal
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
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FOR RECORDING STAMP ONLY
I
8:30 AM FRIDAY, May 29, 2020
BARNES & SAWYER ROOMS
VIRTUAL MEETING PLATFORM
Present were Budget Committee Members Bruce Barrett, Bill Anderson and Mike Maier. Commissioners
Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Tom Anderson, County
Administrator; Greg Munn, Chief Financial Officer; Andrea Perkins, Budget Analyst; Sharon Keith, Board
Executive Assistant; and Stefanie Crowe, Videographer. Attendance was limited in response to
Governor's orders.
This meeting was audio and video recorded and can be accessed on the Public Meeting Portal at
www.deschutes.org.
CALL TO ORDER: Chair Barrett reconvened the meeting order at 8:33 a.m.
CFO Greg Munn reported on updated information for the committee's
consideration.
Support Services:
• Legal: County Counsel Dave Doyle presented a review of the department
staffing and scope of services. Mr. Doyle reviewed the County department
and service districts they provide service for. (Presentation attached to the
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MAY 29, 2020 PAGE 1 OF 12
record) Civil commitments were added to the department's work Toad. The
department is prepared to go live with contract management system
associated with case management on June 1. Mike Maier inquired if the
Legal department has the capacity of doing a pay equity review rather than
hiring a consultant. Mr. Doyle would defer to Human Resources however
Legal would have the skill -set in house.
▪ Human Resources/Health Benefits Fund: HR Director Kathleen Hinman
presented an overview of the department of Human Resources. (Presentation
attached to the record) Ms. Hinman reviewed staffing including a change of
relocating the HR analyst from Health Services to their office. The
department has added the capacity of testing candidates for 911 dispatcher.
COVID19 resources were created by the department for Deschutes County
employees. The special request is $165,000 to $190,000 for a pay equity
study. Ms. Hinman stated we do have the skill set to complete this study in-
house however there is a benefit of using an external service. If HR was to
complete this study there would be a need for additional resources including
staffing. With the increase of responsibilities there would be a need for an
HR specialist position to assist with recruiting and benefits but is holding that
request at this time. Ms. Hinman reported on health benefits claims and
contracts for third party administrator, preferred provider, and stop loss.
• Administration/BOCC: Communications Director Whitney Hale reported on
the proposed Administration budget. Ms. Hale reviewed staffing and
expenses of the department. The special request is for a temporary part time
position for internal auditor additional requested audit work. Commissioner
Henderson expressed concern of hiring an additional staff person. Mike
Maier suggested running this work through a temporary personnel service.
Ms. Hale reviewed the proposed Board of Commissioners budget.
• Finance/Debit Services: CFO Greg Munn presented the proposed budget
for the Finance and Tax Department. Mr. Munn reported on the reports
produced by the department. The department also provides payroll services
and budget functions. Mr. Munn has four goals: automate services where
possible, data usage for projections, customer service survey, and
continuation of learning for process improvement.
Discussion held on internal service, health benefits funds, and PERS.
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MAY 29, 2020 PAGE 2 OF 12
BREAK: The meeting went into recess at the time of 10:50 a.m. and the meeting
reconvened at 11:12 a.m.
• Finance/Debit Services (continued): Mr. Munn reviewed changes to staff
placement at the window/counters. Commissioner DeBone recommends
replacing the empty window somehow for better appearance. Discussion
held on PERS reserves and a need for creating a savings account for this
expense. Discussion held on the possible use of reserves for departments
that have experienced negative impacts of COVID-19.
Discussion Items:
The comparative analysis was reviewed from the fiscal year 2020 budget to the
fiscal year 2021 proposed budget.
BREAK: The meeting went into recess at the time of 11:43 a.m. and the meeting
reconvened at 11:51 a.m.
Continued discussion on the comparative analysis held reviewing non -operational
transactions and operational expenditures. (Document attached to the record) A
media release is typically sent out summarizing the key points made to the
proposed budget.
Review of video lottery and funding for EDCO: County Administrator Anderson
explained there are reductions in the funding that will be received through video
lottery. Commissioner Henderson recommended funding EDCO through transient
room tax (TRT). Commissioner DeBone supports that and hopes we can get back to
being able to use video lottery fund for EDCO.
Mike Maier spoke on the tourism and its impact on environmental health
inspections and using TRT funding as well. County Administrator Anderson
recommends eliminating any general funding for environmental health and use
TRT reserves instead. Discussion held on the impacts of COVID19 on the
restaurants in Deschutes County. Hilary Saraceno, Dr. George Conway, and Janice
Garceau, Health Services responded via Zoom conference call. Both Mike Maier
and Bill Anderson have contacts of individuals willing to assist with Health Services.
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MAY 29, 2020 PAGE 3 OF 12
Balancing Fair & Expo: The department has seen negative impacts due to COVID19.
Commissioner DeBone advocated for a joint meeting with the Fair Board. Bill
Anderson suggested an audit of expenditures. Commissioners Henderson and
Adair agree. Bruce Barrett recommends giving the new director a chance to explain
and a plan for a budget for proceeding including management controls. Mike Maier
recommends balancing this budget with TRT reserves. The Committee supports an
internal audit. Mike Maier recommends balancing the budget with Fair and Expo
reserves and discussion held. Commissioner Henderson inquired if the Fair and
Expo Board monitors the monthly expenses. Using TRT reserves for this year,
discussion of funding and $670,000 and $170,000 for next year's budget. Mike
Maier recommends using the County contracted auditor Eide Baily for an audit of
the department. Commissioner Henderson would like input on the audit. The
Committee supported balancing the Fair and Expo budget this year through use of
TRT funds and up to $250,000 for next year.
Across department expense cuts: Discussion held on the possibility of eliminating
travel expenses for one year and vehicle purchases. Bill Anderson suggested
requesting a list from the departments on items they could hold off on.
Commissioner DeBone suggested reviews at the mid -year budget meeting in
December. Mike Maier recommended a hiring freeze until the mid -year meeting.
County Administrator Anderson suggested a monthly report to the BOCC. The
current hiring policy has been to not fill positions unless essential. Commissioner
Henderson supports not filling vacant positions. Bruce Barrett spoke on balancing
and managing budgets and needed services provided to the public. Commissioner
DeBone recommended asking departments to present a report of how to live
within their means. County Administrator Anderson recommended reviewing a list
of vacant positions and then present to the BOCC. The Committee supports not
filling ten vacant positions.
Mike Maier made motion to reduce staffing by 1.5% over the year. Commissioner
Henderson supported. Motion Carried
BREAK: The meeting went into recess at the time of 1:46 p.m. and the meeting
reconvened at 1:58 p.m.
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MAY 29, 2020 PAGE 4 OF 12
Review Special Requests:
• Pay Equity Analysis: The Committee supports this study done in-house.
County Administrator Anderson suggests taking out the $190,000 and
augmenting with approximately $50,000 for some type of staff support. The
Committee expressed support.
• Facilities convert a position to Project Coordinator: Commissioner
Henderson and Mike Maier were opposed unless there are major projects.
Commissioner DeBone expressed support of maintaining existing facilities.
Motion: Mike Maier moves approval of the requested reclassification.
Commissioner DeBone supported. Opposed Commissioners Henderson and
Adair. Motion Carried
• Assistance for Internal Auditor: The Committee proposed using
temporary employment agency. Motion: Mike Maier made motion to
approve $18,000. Commissioner Adair supports. Motion Carried
• Road Department - GIS Analyst: Motion: Mike Maier moves approval.
Commissioner Adair supports. Motion Carried
• Road Department - Public Works accounting clerk position: Mike Maier
moved to deny. Motion: Commissioner Adair moved to accept the position.
Bill Anderson supports. Mike Maier opposed.
• Community justice - (2) parole and probation officers: Commissioner
DeBone moved approval of one position. Commissioner Henderson is
opposed to both positions.
Motion: Mike Maier moves approval contingent upon absolute confirmation
of funding from the state. Bill Anderson supported. Discussion: Bill
Anderson asked if there was a lack of trust of the work load. Commissioner
Henderson opposed. Motion Carried.
• District Attorney: DA Hummel has requested to withdraw special requests
for the Clean Slate program at this time.
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MAY 29, 2020 PAGE 5 OF 12
• Health Services - Administrative Assistant: Mike Maier moves the request
be denied.
Motion: Commissioner Henderson supported. Commissioner DeBone and
Bruce Barrett opposed. Motion Carried. Bill Anderson stated he does not
know enough about the position to make an informed decision.
• Health Services - Aid and Assist:
Motion: Commissioner Adair moves approval. Mike Maier supported.
Motion Carried
• Health Services - Opioid Response Peer Support Specialist for
Addictions:
Motion: Commissioner Adair moves approval. Mike Maier supported.
Motion Carried
• Health Services - Prevention and Student Success Partnership: Request
for 3.40 fte in partnership with the school district for counseling services.
There are nine high schools in the Bend school district. Bruce Barrett feels
the school district could create the program and monitor the need.
Commissioner Adair feels our youth are on the edge. Bruce feels money
should be placed on a social media for the kids because that is how they are
reaching out. Commissioner DeBone agrees to follow the lead of a program
created by the school district. Bruce commented on funding levels and the
degree of the effort as the school district, parents, and peer groups should
be taking the lead.
Motion: Mike Maier made motion to deny 170,624. Commissioner DeBone
supported. Commissioner Adair opposed. Motion Carried.
• Health Services - Substance Abuse Prevention Specialist: Discussion held
on supporting this contingent on receipt of marijuana funding.
Commissioner Adair move approval contingent upon the receipt of
marijuana tax funding.
Motion: Mike Maier made motion to not commit any general fund to support
this position. Commissioner Henderson supported. Motion Carried
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MAY 29, 2020 PAGE 6 OF 12
• Sheriff's Office: Mechanic, (3) Behavioral Health Specialists, Detective Digital
Forensics, Corrections Deputy, for the City of Sisters contract (3) Deputy
Sheriffs, and 1 Lieutenant.
Motion: Commissioner Henderson move approval of Mechanic.
Commissioner Adair supported. Motion Carried
Motion: Mike Maier made motion to approve Behavioral Health Specialist I,
(2) Behavioral Health Specialist II, Detective Digital Forensics, Corrections
Deputy, and for the City of Sisters contract (3) Deputy Sheriffs, and (1)
Lieutenant. Bill Anderson supported. Discussion held on the behavioral
health positions. Motion Failed
Motion: Mike Maier made motion to approve the requested positions minus
the three behavioral health positions with the understanding there will be
further discussions. Commissioner Adair supported. Motion Carried
County Administrator Anderson will invite Sheriff's Office staff to present
discussions at a future BOCC meeting
• Facilities - Property Specialist for Property Management increase support
staff position from part-time to full time.
Motion: Commissioner DeBone move approval. Mike Maier supported.
Commissioner Adiar opposed. Motion Carried
• Health Services - 3-month extension for drug free communities grant:
Motion: Commission Adair move approval. Commissioner Henderson
supported. Motion Carried
• District Attorney's Office: General fund transfer increase of $176,946 to
cover personnel expenses in the Victims Assistance program.
Bruce Barrett moved approval of the department using resources they have
and general fund support. Discussion held on the department's budget.
County Administrator Anderson suggested authorizing up to $195,000 minus
$76,000. Mike Maier recommends not filling any upcoming vacancies.
BOCC BUDGET MEETING
MAY 29, 2020 PAGE 7 OF 12
$119,000 would fund without contingency to keep the division whole.
Motion: Commissioner DeBone supports a transfer of $125,000 additional
general fund support to the existing general fund support. Mike Maier
supported. Discussion DAJohn Hummel (via Zoom conference call) clarified
the contingency funding was pulled out of the calculation.
Motion: Commissioner DeBone moved approval of a general fund transfer of
$195,759 with the caveat vacancies are not filled. Mike Maier supported.
Commissioner Henderson opposed. Motion Carried
BREAK: The meeting went into recess at the time of 3:50 p.m. and the meeting
reconvened at 3:59 p.m.
Clarification: Environmental Health Specialist II will be funded through grant
funding and a report will be included on the December budget meeting.
• Health Services - General Fund distribution: $418,314 across Health
Services programs to balance budget
Motion: Commissioner Henderson requested to raise the distribution to
$500,000. Commissioner Adair supported. Mike Maier opposed. Motion
Carried
• Health Services - OHP Mental Health Reserve: $2,379,865 to balance
budget. Janice Garceau and Cheryl Smallman present via Zoom conference
call explained the transfers of CCHBC revenue. If CCBHC continues beyond
the fall there is opportunity to generate additional dollars.
Motion: Commissioner DeBone moved approval of transfer of OHP Mental
Health Reserves in the amount of $2,379,865. Commissioner Henderson
supported. Motion Carried
• Explanations of reduction in salary will be placed in the adopted budget
• Reduce Solid Waste budget in anticipation of economic downturn: The
Committee supported no action at this time.
BOCC BUDGET MEETING
MAY 29, 2020 PAGE 8 OF 12
• Community Justice to maintain alternatives to incarceration vs. Health
Services: Commissioner Anderson reviewed the history of this item and the
discussions with the Public Safety Coordinating Council. The Committee
supported letting the program drop at this time and could be presented in
the future if the program is needed.
• Rebalance of Justice Court and impact on general fund: The department
needs space for mediations. The Committee expressed support.
• Refund general fund investment in property account: County
Administrator Anderson explain this relates to the lease of the building in
Sisters that houses the Sheriff's Office. The Committee recommends leaving
this in the current account.
Budget Messaging: County Administrator Anderson reported a media
release will be sent out regarding the budget messaging. The Board will
review it on Monday prior to release.
Tax Rate: Commissioner Henderson explained Deschutes County salaries
and personnel has increased over the past four years. He expressed
concern of the trend continuing to increase. Commissioner Henderson
stated in twenty years the rate increased annually by 3% and he is in favor of
reducing the rate 4% or $ .10.
Bruce Barrett commented on the increase in Deschutes County's population.
There are more services required based on population growth. Bill Anderson
commented on the tax rate's position in the budget. County Administrator
Anderson commented on the use of the balance from the tax rate and the
flexibility for capital projects and PERS reserves. Mike Maier stated the
current proposed budget doesn't increase the rate but a decrease of $ .10
would cause a loss of approximately $1 million for capital projects.
Discussion held on major projects such as the Courthouse expansion, and
capital maintenance items, and the new landfill. Commissioner DeBone
stressed support of the future capital needs and is comfortable keeping the
tax rate where it is. Commissioner Adair expressed disappointment with the
BOCC BUDGET MEETING
MAY 29, 2020 PAGE 9 OF 12
amount of taxes she has to pay toward the Library verses the services
provided by Deschutes County.
Motion: Commissioner Henderson made motion to reduce the rate an
additional $ .04. Motion failed with lack of support.
Motion: Commissioner Adair made motion to reduce the rate by an
additional $ .02. Commissioner Henderson supported. Opposed: Bill
Anderson, Bruce Barrett, Mike Maier, and Commissioner DeBone. Motion
Failed
CFO Greg Munn asked for clarification of the use of transient room tax
reserves. County Administrator Anderson pointed out the need for direction
of funding PERS Reserves. There is a proposed $5.7 million allocated as a
transfer to Capital Reserves.
Motion: Mike Maier made motion to approve a split of $5.7 million between
Capital and PERS Reserves. Commissioner Adair supported. Discussion on
the reserves balance. Mike Maier withdrew his motion.
Motion: Commissioner Adair made motion to transfer $2 million to PERS
reserves. Mike Maier supported with the remainder transferred to capital
projects. Motion Carried
Budget Approvals:
Mike Maier made motion to approve Deschutes County budget of
$507,820,468 adjusted for approved changes and set the tax rate at $1.2183
per $1,000 of assessed valuation. Commissioner DeBone supported. Motion
Carried
Close the Deschutes County Budget Meeting
Convene as the Budget Meeting of Countywide Law Enforcement
Service District
BOCC BUDGET MEETING
MAY 29, 2020 PAGE 10 OF 12
Bill Anderson made motion to approve Countywide Law Enforcement County
Service District budget of $39,011,838 adjusted for approved changes and set
the tax rate at $1.25 per $1,000 of assessed valuation. Mike Maier
supported. Motion Carried
Close the Countywide Law Enforcement Service District Budget Meeting
Convene as the Budget Meeting of Rural Law Enforcement Service
District
Mike Maier made motion to approve Rural Law Enforcement County Service
district budget of $18,854,499 adjusted for approved changes and set the tax
rate at $1.55 per $1,000 of assessed valuation. Commissioner Adair
supported.
Close the Rural Law Enforcement Service District Budget Meeting
Note: Motions needed to be rescinded and restated due to miscalcuations.
Convene as the Budget Meeting of Countywide Law Enforcement
Service District
Bill Anderson made motion to approve Countywide Law Enforcement County
Service District budget of $39,011,838 adjusted for approved changes and set
the tax rate at $1.08 per $1,000 of assessed valuation. Commissioner
DeBone supported. Motion Carried
Close the Countywide Law Enforcement Service District Budget Meeting
Convene as the Budget Meeting of Rural Law Enforcement Service
District
Commissioner Henderson made motion to approve Rural Law Enforcement
County Service district budget of $18,854,499 adjusted for approved changes
BOCC BUDGET MEETING
MAY 29, 2020 PAGE 11 OF 12
and set the tax rate at $1.24 per $1,000 of assessed valuation. Commissioner
Adair supported. Motion Carried
Close the Rural Law Enforcement Service District Budget Meeting
ADJOURNED: With no further business brought before the Budget Committee, the
meeting was adjourned at 5:15 p.m.
DATED this Day of
Commissioners.
ATTEST:
RECORDING SECRETARY
2020 for the Deschutes County Board of
PATTI ADAIR, CHAIR
ANTHONY DEBONE, VICE CHAIR
PHILIP G. HENDERSCOMMISSIONER
BOCC BUDGET MEETING
MAY 29, 2020 PAGE 12 OF 12
Friday, May 29th, 2020
8:30am
8:30am - 10:30am
10:30am-10:45am
10:45am-5:OOpm
Reconvene the Deschutes County budget meeting
Review Agenda Changes and Follow-up Items
Support Services/Other Funds
• Legal (Fund 640)
• Human Resources/Health Benefits Fund (650/675)
(Including DOC, DOC Pharmacy & Wellness)
• Administration/BOCC (Funds 625/628)
• Finance/Debt Service Funds (Funds 630/631)
Break
Working Lunch
Final Decisions and Budget Approval
Discussion Items
• Across department expense cuts
• Review video lottery/funding for EDCO
• Balancing Fair & Expo
• Review Special Requests
1. DA removed special requests
• Health Policy Decisions
• Explain reductions in salaries from $89M to $82M on
comparative summary
• Reduce Solid Waste budget in anticipation of
economic downturn vs. waiting until the future is
clearer.
• Community justice to maintain alternatives to
incarceration vs. Health Services.
• Victims' Assistance budget.
• Review rebalance in Justice Court and impact on
General Fund.
• Refund General Fund investments in the property
account or keep in the property account?
• Provide comparative analysis explaining the 7%
increase in the budget message.
• Salary/Personnel increases over 4 year period/tax rate
Decisions
• Remove $200,000 HB3400 revenue from General
Fund.
• Move Solid Waste trailer purchase from FY20 to FY21
and adjust BFB accordingly.
• Elected Comp Committee- No adjustments to FY21
Budget Approvals
1. Deschutes County
(Budget Committee -Commissioners, Bruce Barrett, Mike
Maier, Bill Anderson)
• Motion to approve Deschutes County budget of
$ adjusted for approved changes and set
the tax rate at $ per $1,000 of assessed
valuation.
• Motion to be seconded
• Budget Committee votes
• Close County budget meeting
2. Countywide Law Enforcement District #1 (Fund 701)
(Budget Committee -Commissioners, Bruce Barrett, Mike
Maier, Bill Anderson)
• Reconvene the budget meeting of the Countywide
Law Enforcement CSD
• Motion to approve Countywide Law Enforcement
County Service District budget of $ adjusted for
approved changes and set the tax rate at $
per $1,000 of assessed valuation
• Ivlo ions to be seconded
• UVUI,.CI L.VII III !MCC VVICJ
• Close Countywide Law Enforcement District budget
meeting
3. Rural Law Enforcement District #2 (Fund 702)
(Budget Committee -Commissioners, Bruce Barrett, Mike
Maier, Bill Anderson)
• Reconvene the hI dget meefirir7 of the f?I Irrti) I aw
Enforcement CSD
• Motion to approve Rural Law Enforcement County
Service District budget of $ adjusted for
approved changes and set the tax rate at $
per $1,000 of assessed valuation.
• Motions to be seconded
• Budget Committee votes
• Close Rural Law Enforcement District budget meeting
EXECUTIVE REPORT: Ongoing and Projected Workload for County Legal
April 2020
COUNTY
EXECUTIVE REPORT: Ongoing and Projected W.ridoad fCounty Legal
April 2020
Background:
Since COVID-19 emerged in early -March, County Legal has been called upon to triage most every
issue/operation/decision associated with the virus. This triage work has involved nearly every county
department. At the same time County Legal continues to manage its "normal" workload and is quickly
creating and implementing processes that will allow us to manage (without an increase in FTE) a
substantially increased workload post -Virus.
1. Virus Triage:
Public Health —
* demand here has become hourly; the attorneys in Legal are on speed -dial with Dr. George and
Heather Kaisner; issues regarding health information disclosure; impact of quickly changing federal and
state rules and agency guidance; coordination with OHA, St. Charles, medical first -responders, law
enforcement and private -sector vendors;
* Legal has spent a significant amount of time over the past several weeks or so working with Finance,
Health and DCSO to formulate a plan for isolating first responders and homeless individuals who may
have been exposed to coronavirus, and preparing and negotiating contracts and agreements to
implement this plan. This has included preparing contracts between the County and hotels to secure
lodging, a contract between County and ServPro to provide contractor services at the hotels (i.e.,
housekeeping, room cleaning, meal delivery, etc.), and an IGA for use between the County and other
jurisdictions (i.e., City of Bend, etc.) who want the County to isolate their first responders/employees as
part of the County's plan; the negotiation and preparation of necessary agreements is ongoing
Contract Issues —
* prepare for challenges to emergency procurement processes and possible injunctive relief claims
related to emergency county directives (i.e. mass gatherings, short term rentals);
* drafting new boilerplate contract terms to address potential COVID-19 impacts (i.e. Fairgrounds
vendor contracts);
* negotiate/litigate excused performance claims;
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CDD —
* Legal is working daily with CDD to navigate the uncertainty caused by COVID-19 on the land use
system. Two key components of the land use system — (1) expedited proceedings and (2) public input -
are directly impacted by efforts to minimize the spread of COVID-19. This work includes 150-day
deadline issues (at this point, if proposed legislation comes to fruition, it will only grant additional 30-
days); work on logistics and legalities of virtual public meeting and virtual public hearing processes;
legal review and revision of Policies and Procedural Manual designed to provide advisory bodies such as
PC with "how to" direction on conducting limited attendance and virtual public hearings during COVID-
19; provide management personnel with "gap filling" support due to limited access and remote
personnel; substantial code enforcement impacts anticipated in conjunction with the County's ban on
short-term rentals;
Civil Commitment Hearings —
* since COVID-19 we are handling one or more contested cases each week; logistics associated with case
preparation are complicated by hospital and court delays, remote work sites and efforts to maintain
social distancing; crisis team staff anticipate substantial increase in civil commitments in response to
COVI D-19;
General Litigation —
* anticipate increase in motion practice in response to dark courtrooms and judges working remotely
from home; in past civil motions took multiple months to process through the Circuit Court; now since
almost no trials, judges will be able to review, consider and rule on motions within weeks; County Legal
plans to file 5 or more significant motions within the next 30 days;
HR —
* ongoing drafting/review of temporary employment policies; review and assist with implementation of
state and federal COVID-19 legislation/regulations; actively engage union leadership to discuss and
explain unilateral implementation of new policies;
* advise HR and Admin on best practices to avoid ULPs, grievances and other contract claims;
* logistical and legal support upon implementation of furloughs, layoffs and reduction in hours;
* advise on associated impacts to health insurance and access to DOC and Pharmacy;
* advise and direct response on supervision and discipline issues associated with remote work
violations;
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* significant uptick in Health Department personnel matters primarily associated with frontline staff
virus -related complications; OSHA impacts
* attend additional and special PAL meetings (including ancillary conversations and daily legal advice);
BOCC/Admin —
* manage increased public records requests;
* advise on and draft emergency orders;
* coordinate with PIO and Administration on timely email responses to citizen inquiries
* coordinate with staff regarding logistics and legal mandates surrounding public meetings and public
hearings;
* regular outreach to community partners such as BBR, Sunriver PD, City of Bend;
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2. Normal Workload:
CDD —
* very busy at LUBA; motion to dismiss on Rhinestone Ranch; response brief on Nehmzow; oral
argument Nehmzow; response brief Lower Bridge/Floodplain; oral argument Lower Bridge/Floodplain;
response brief RLUIPA; oral argument RLUIPA; response brief Rhinestone Ranch; oral argument
Rhinestone Ranch; upcoming Waveseer appeal(s); negotiating record issues and response briefs on
formal record objections (four records and two amended records filed in March) [Note: most of these
LUBA matters likely to result in appeals to COA];
* local BOCC appeals to include Sunriver FHA issue; Thornburgh; and Kormandy Campground;
* ongoing Code Enforcement matters require increased participation by Legal to address issues
associated with the many neglected cases managed by a recently terminated CE Officer
BOCC —
* prepare ballot measures/titles for November MJ Opt Out election;
* prepare and argue declaratory ruling lawsuit vs. OLCC/DOR re: MJ tax revenue;
* MJ text amendments (if adverse outcomes in Nehmzow and Waveseer);
* process and review increasing public records requests;
* address and advise on logistics and legalities associated with limited attendance and virtual public
meetings and public hearings;
Litigation —
* Aside from in -person court appearances, the virus is not anticipated to have significant impact (and
certainly not any reduction) on the County's litigation workload. We are actively engaged in ongoing
discovery and/or motion practice in a number of civil matters (Penner, Daugherty, Higgins, Adderley,
Molan). Jansen is set to begin a 2-week federal jury trial on November 4th; trial preparation for Jansen
will be extensive and time-consuming over the course of the summer; litigation logistics will include
housing two attorneys and one paralegal in Eugene for the duration of the trial;
* There are a number of outstanding tort claim notices, at least some of which will likely become active
litigation matters in the near future (Halverson, Senn, Hutchinson/Waterman, Adler/Johnson, Carpenter,
Blair, Edwards, etc.);
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* With regard to the Hutchinson/Waterman matter -- a challenge to the universal practice within
Oregon of distributing excess proceeds from property tax foreclosure sales to the various taxing districts
— it is anticipated that a statewide class action case will be filed shortly and that Deschutes County will
be named as one of the primary defendants. A number of other litigation matters (Latham, Dudley, etc.)
which are not currently active may become active in the near future.
HR—
* staff all PAL meetings; manage and oversee ongoing collective bargaining sessions with DC911 and
DCDDA;
* Advise HR, Risk, and the various departments and agencies on both ongoing HR-related issues and new
issues as they arise, including employee supervision, performance and disciplinary issues, wage and hour
issues, ADA compliance and accommodation issues, FMLA compliance and review, non-COVID-19
related and COVID -19 related leave issues, review of and advise on ongoing COVID-19 related personnel
issues not related to leave (travel, remote work, essential vs. non -essential employees, workplace
safety/OSHA issues), department policies, procedures, and practices, HIPAA and other confidentiality
concerns. Review of advice on HR-related contracts, correspondence, forms, FAQ's, policies, and other
documents;
* Assist HR (and Finance) on payroll and time -keeping issues;
* Coordinate County response/position on employee benefit issues and claims (e.g., health and dental
benefits, PERS and private retirement accounts and other benefits, life, disability, and other insurance
benefits, etc.), including health and dental insurance claims and coverage issues;
* Annual review of changes to terms of insurance and dental benefits plans; draft changes to plans and
negotiate terminology with TPA
* Direct outside counsel, HR, and Risk on management of new and ongoing worker's compensation
claims (anticipate significant increase in PTSD claims);
* Responding to unemployment claims and inquiries about such claims from the Employment Division
and appear on behalf of the County and related agencies at unemployment hearings
* Advise HR, Risk, and departments on employment -related investigations, oversee both internal and
outside investigators and draft required findings and conclusions;
* Oversee department disciplinary processes;
* Analyze, investigate, and respond to administrative complaints, such as BOLI, EEOC, OCR, and various
state administrative agencies (anticipate significant increase in administrative claims over the next 12 to
18 months associated with COVID-19;
* Advise on ethical issues and regulatory compliance for professional staff who are subject to licensing
requirements and assist in responding to complaints from state regulatory bodies
5
Trainings —
* Legal has/will prepare training materials & presentations that will be delivered to targeted county
departments and staff with an eye towards educating and reducing liability exposure; this includes
ongoing training on issues such as avoiding employment -related liabilities, effective supervision,
union/labor issues, leave laws, responsibilities under the ADA and Oregon disability discrimination laws,
employee complaints, grievances, and whistleblowing, veterans' preference, document and evidence
preservation, records retention
Solid Waste -
* Legal is working closely with the new landfill siting team and in time will be called upon to address
applications, processes and legal challenges associated with land use, DEQ permitting and
environmental concerns;
* improvements to existing transfer station(s) necessitate complex procurement and contracting
processes; possible permitting issues
Road —
* staff continues to address annexation issues (transfer of roads, maintenance, extension of services,
legal processes) with the City of Bend; resolution will require amendments to the 1MA
6
3. Post -Virus:
Contract claims —
* anticipate an unknown number of claims and lawsuits from parties that claim damages due to
enactments/actions/inactions of the County including cancelled, modified, or unfulfilled contracts
relating to County facilities, procurement and public contracting;
Litigation —
* increased potential for takings and condemnation claims based upon County and State emergency
orders
Employment claims —
* layoffs, furloughs, reduction in hours, and department -level budget reductions means more claims,
more grievances, more ULPs, and difficult labor relations — especially with unions
* address anticipated increase in demands to bargain mandatory issues related to workplace safety and
conditions, employee discipline, layoffs and furloughs, employee leave, and wage and hour issues;
* address litigation and administrative claims based upon alleged discrimination in application of COVID-
19 employment policies (internal and external);
* increased workplace safety issues, claims, and litigation involving OSHA; BOLT and direct litigation;
* significant increase in unemployment claims will trigger many contested hearings;
* processing and litigating (as oversight to outside counsel or internally if number of claims makes it
financially reasonable to disengage outside counsel) worker's compensation claims
* address requests for protected leave and reasonable accommodations under the FMLA, ADA, and
similar state and federal legislation;
Road -
* reduced gas tax revenue will impact annual in -system and out -of -system paving/chip seal operations
and associated contractual agreements (i.e City of Bend)
7
Labor Relations —
* Respond to grievances, threatened ULPs, and filed ULPs; defend ULP claims to include administrative
process and hearing before the Employment Relations Board if a non-public safety union (AFSCME,
IUOE), and binding arbitration if a public safety union (911EA, DCSEA, DCDDA, and FOPPO);
* Advise relevant departments and agencies, HR, Risk, and the BOCC on collective bargaining and
ongoing mid-term labor negotiations; address labor -related issues as they arise;
* Participate in collective bargaining with bargaining team, generally act as scrivener and lead
spokesperson/negotiator during both interest and mid-term bargaining;
* Manage all mandatory mediations arising from bargaining impasse (Legal believes there is greater
than a 50/50 chance current interest bargaining with the 911 union will result in legally mandated
mediation, and a substantial chance it will result in binding arbitration);
* Advise County departments, elected officials, and related agencies on ongoing labor issues, as well as
how proposed decisions, actions, policies, or legislative actions will or might have consequences
involving unions, or may trigger a demand to bargain
Code Enforcement —
* financial hardships will trigger increased code enforcement proceedings (informal, code -based
hearings, and Circuit Court) necessary to obtain compliance
Assessor —
* value reductions (actual and perceived) will increase the number of personal property issues and real
property appeals to BOPTA, Magistrate Division and Tax Court Regular Division; Legal advises and
represents the Assessor on all contested tax matters;
DCF&E —
* what will new normal look like with regard to booking events? Will there be a delay before event
sponsors are comfortable staging large events? What of advertising revenue? TRT revenue? Existing
advertising commitments? These issues will increase claims/litigation
Health —
* demand for services will increase; revenues will likely decrease; anticipate employee issues;
substantial contracting challenges with OHA, PS and local partners
8
4. Assessment:
Impacts from the COVID-19 event have and will continue to trigger an increased level and scope of
outcome -critical participation from County Legal. This increased participation will reach across nearly
every county department. While we project an increased workload of 20% or more, we are confident
that we can adjust our practices, work more hours and appropriately manage the increased demands.
Thank you for your continuing support and confidence.
9
HR Accomplishments
• Moved 9-1-1 recruitment testing to an on-line platform
o Increased number of applicants tested with reduced resources
• Completed implementation of new HR system
• Led the County's first online Open Enrollment
• Implemented a robust Employee Assistance Program (EAP)
• Expanded specialty drugs included in DOC Pharmacy variable co -pay program
HR Support during COVID-19 Pandemic
• Created COVID-19 Resource Center for Employees and Supervisors
o Social Distancing and Meeting Guidelines
o Remote Work Guidelines and Agreement
o Supervisor and Employee Resource Guides and FAQ
• Temporary Leave Policy and Families First Coronavirus Response Act
o Creating County process for Emergency Paid Sick Leave and FMLA
• Leadership Forum - Navigating the COVID-19 Crisis
• Health Plan amendments to cover COVID related claims and ensuring employees
have access to care via telehealth and shorter wait periods
• Deferred Compensation Plan amendments to allow for emergency withdrawals per
the CARES Act
• Support to employees and departments as we relocated our workforce and again as
we begin to return employees to the office
FY21 HR Operating Fund 650 - Budget Highlights
• Staffing levels remain the same as FY20
• Public Sector Partners Training Catalogue (Education Providers line item) $60K
o Able to quickly transition some of our Spring trainings to virtual based learning
and are planning the Fall catalogue with similar flexibility
• County recruitment and general onboarding - Total $63K
o Pre -employment exams $30K
o Recruitment costs $7K
o Advertising $7K
o Software Licenses $19K
• Spark Hire very effective during pandemic
- Adding LCAL notification W candidate communication in Iveogov
• HR Staff Professional Development
o Conferences and Travel $13K ($1,625 per FTE)
• Office Fixtures/Space $15K
o Roll over from FY20 as the project will be fully completed in FY21
• Provides confidential space for employee discussions about
medical/disability needs and employee relations issues
■ HR Business Partner assigned to Health Services (pilot)
• Special Requests
o Funding for the Pay Equity Analysis Project. This project was recommended
by HR and Legal Counsel to Administration and the Commissioners to evaluate
the County's efforts relating to the Oregon Pay Equity Act
Considerations for reduced revenue from the departments we serve
• Reduce available county wide training dollars by 10% -$6K
• Reduce pre -employment exams and recruitment costs by 10% -$4K
• Reduce HR staff professional development by 50% -$7K
• Staffing reductions would make it impossible to maintain current service levels.
o Originally had a special request to add a position in FY21, withdrew the special
request
FY21 Health Benefit Fund 675 - Budget Highlights
• Premiums and fees paid by departments, employees, retirees, and COBRA enrollees
for health programs
• Funding rate for departments and employees proposed to remain flat due to reserve
balance
Minimum
,..J _1.. $2 ene fund
o Minimum required claims Is reserve is million; our reserve fund exceeds this
requirement
• Stop Loss insurance renewal came in higher in FY20, and FY21 assumptions included
a 12% increase, however will likely be higher due to number of large claims
• Claims and Pharmacy costs are higher than anticipated due to 3 large claims, our
frequency of high cost claims is higher than normal, projected to end at $1.5-2M over
min^v buuget
• Current illness burden (CIB) is around 1.3 and projected illness burden (PIB) begins to
return below 1 at the end of FY21. (1 is average illness burden)
• FY21 Administrative Fees are projected at 3% increase, this will be first year to
negotiate new rates with TPA
• PCORI fees scheduled to end in 2019, now extended for 10 years through 2029
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