2021-227-Minutes for Meeting May 19,2021 Recorded 6/10/202101"ES
0
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County CJ2021-227
Nancy Blankenship, County Clerk 06/10/2021 2:41:54 PM
Commissioners' Journal
FUR RECORDING STAMP ONLY
9:00 AM Wednesday, May 19, 2021
BARNES & SAWYER ROOMS
VIRTUAL MEETING PLATFORM
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom
Anderson, County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive
Assistant (via Zoom conference call). Attendance was limited due to Governor's Virus Orders.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx
CALL TO ORDER: Chair DeBone called the meeting to order at 9:03 a.m.
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
Commissioner DeBone acknowledged an email received regarding opposition to the
proposed remodel of Worrell Park for additional parking.
CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent
Agenda.
Commissioner DeBone read a correction for Consent Agenda Item 3, the meeting minutes
of May 12, 2021, into the record.
BOCC MEETING
MAY 19, 2021 PAGE 1 OF 9
ADAIR: Move approval of the Consent Agenda, with amendments to Item 3
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
1. Consideration of Board Signature of Resolution No. 2021-030 Increasing FTE Within
the 2020-21 Deschutes County Budget
2. Approval of Minutes of the April 30, 2021 Legislative Meeting
3. Approval of Minutes of the May 12, 2021 BOCC Meeting
ACTION ITEMS:
4. Consideration of Chair Signature on the Restated Agreement, Document No.
2021-338, Between the County, the Fair Board, and the Fair Association
County Counsel Dave Doyle introduced the document that will provide the
operational structure for the annual Deschutes County Fair. Commissioner DeBone
commented on the positive community event. Commissioner Adair spoke on the
meeting held this week with the Fair Association as well as the critical opportunity
the fair provides for our youth. Commissioner Chang supported the agreement
with all of the partners and thanked everyone for their work on this agreement.
Brian Schiel, Deschutes County Fair Association presented via Zoom conference call
and expressed appreciation for all of the work to bring this document together.
Commissioner DeBone commented on agreement and the vision of this year's fair
event. Fair Director Geoff Hinds acknowledged the document and expressed his
appreciation for all of the work done. Steve Curley, Deschutes County Fair Board
presented via Zoom conference call.
Discussion held after the motion regarding the vision for this year's Fair and the
preparations required to provide a safe event for the community. Brian Schiel
noted the Association has been dealing with the unknowns of the pandemic
restrictions and are working to plan the event. The 2021 Fair is July 28 - August 1.
Commissioner Adair thanked Geoff Hinds for his work for the community. Mr.
Curley expressed gratitude on behalf of the Fair Board for the work Mr. Hinds does.
CHANG: Motion made to approve Document No. 2021-338
ADAIR: Second
BOCC MEETING
MAY 19, 2021 PAGE 2 OF 9
VOTE: CHANG: Yes
ADAIR: Yes
DEBONE: Chair votes yes. Motion Carried
5. Consideration of Chair Signature of Document No. 2021-050, a Notice of Intent
to Award Contract for Engineering Services for the Deschutes Market
Rd/Hamehook Rd Intersection Improvement Project to Harper Houf Peterson
Righellis, Inc.
County Engineer Cody Smith presented the item for consideration and reported on
the need for the project due to traffic safety concerns. Three bids were received
and the qualified bidder was Harper Houf Peterson Righellis Inc. The project is
anticipated to begin in the summer of 2022.
ADAIR: Motion made to approve Document No. 2021-050
CHANG: Second
Discussion: Commissioner DeBone explained the public process of contract awards.
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
6. Economic Development Loan Request
Communications Director Whitney Hale presented the item for consideration.
Caprielle Lewis Director of Sisters Economic Development presented the
opportunity for the Holy Kakow Company to expand and move to Sisters. The
requested loan is in the amount of $12,000. Ms. Lewis reviewed the positions that
will be created with assistance of the loan.
ADAIR: Motion made to approve the Economic Development Loan to Holy
Kakow in the amount of $12,000
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
BOCC MEETING
MAY 19, 2021 PAGE 3 OF 9
OTHER ITEMS:
• Commissioner Adair commented on the meeting with Sisters Economic Development
and the discussion on the substantial amount of unemployment benefits impacting the
shortage of employees for businesses. Commissioner DeBone stated the value in
working for wages, noting that workers can take pride in their labors. Commissioner
Chang spoke on the hiring challenges associated with housing and childcare and noted
the associated impact on unemployment. Commissioner Adair commented that the
increased level of unemployment benefits gives people incentive to not work.
Commissioner Chang supported monitoring unemployment rates and the factors that
revolve around the rates including housing and childcare and whether funding should
be offered as assistance through the American Rescue Plan.
RECESS: At the time of 11:30 a.m. the Board went into Recess and reconvened the meeting
at 1:03 p.m.
7. Draft CDD FY 2021-22 Work Plan & 2020 Accomplishments
This item was moved up before COVID. Community Development Director Nick
Lelack presented the deliberations. Mr. Lelack noted the additional public
comments received. Commissioner Adair expressed the importance of affordable
housing. Commissioner DeBone supports opportunities for new technologies and a
community energy plan. Commissioner Chang commented on the marijuana
inspections and the effected work load for the department. Planning Manager
Peter Gutowsky presented via Zoom conference call and explained.
ADAIR: Motion made to approve the CDD Work Plan as recommended by the
Planning Commission
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
8. COVIDI9 Update
Health Services staff Nahad Sadr Azodi, Molly Wells -Darling, and Emily Freeland
presented via Zoom conference call. Also present via Zoom conference call was Dr.
Mike Johnson, St. Charles Health Care System. Deschutes County has met the
criteria for low risk. Presentation is attached to the record.
BOCC MEETING
MAY 19, 2021 PAGE 4 OF 9
Commissioner DeBone suggested that the Board no longer hold weekly COVID
updates. The Board was supportive of scheduling an update for the May 26 BOCC
meeting and then assess what is necessary for the meetings going forward.
Chief Financial Officer Greg Munn presented and update on the American Rescue
Plan Act and FEMA Mass Vaccine Center Grant via Zoom conference call.
9. PUBLIC HEARING: Board Consideration of Approval and Adoption of Ordinance
No. 2021-006, Amending Sections of DC 9.20
County Counsel Dave Doyle presented the Ordinance for the Public Hearing relative
to amending sections of county code concerning dangerous and inappropriate uses
at and on county bridges. Present on Zoom conference call were County Engineer
Cody Smith and Deschutes County Sheriff's Office Captain Paul Garrison.
Commissioner DeBone opened the public hearing and upon hearing no public
testimony, closed the public hearing. Mr. Smith spoke on signage posting at the
bridges to prevent congregating and jumping off bridges especially Harper
Bridge. Discussion held on the safety concerns and the ability to use the code
prohibition as an enforcement tool. The issues are not only jumping off the bridge
but congestion and causing traffic concerns. Commissioner DeBone commented on
his concern that he hasn't heard this is a public issue and is concerned there hasn't
been enough community input. Commissioner Chang has witnessed this behavior
and has heard public concern of the risk and danger. Commissioner DeBone is not
supportive of the code prohibition. County Administrator Anderson inquired if
there could be two code prohibitions, one for Harper Bridge for an immediate
action and one for the remaining bridges in Deschutes County. Commissioner
DeBone still feels this is not an issue.
Discussion held on the effective date for notification purposes. The Ordinance will
be in effect without emergency clause.
ADAIR: Motion made for first reading of Ordinance No. 2021-006, removing
the emergency clause.
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes no. Motion Carried
BOCC MEETING
MAY 19, 2021 PAGE 5 OF 9
10. Consideration of Board Approval to Apply for Community -Led Health Care
Innovation Grant Funds
Health Services staff Nahad Sadr-Azodi, Pamela Ferguson, Christina Jaderholm, and
Erin Hoar presented this item for consideration via Zoom conference call. The grant
if awarded would be in the amount of $40,000 to provide funding to enhance
community led health care innovations.
CHANG: Motion made to approve the grant application
ADAIR: Second
VOTE: CHANG: Yes
ADAI R: Yes
DEBONE: Chair votes yes. Motion Carried
11. Deschutes County District Attorney's Officer Operations Analysis Overview
Members of the Budget Committee: Mike Maier and Bruce Barrett, HR Director
Kathleen Hinman and District Attorney John Hummel presented the Prosecutor's
Center for Excellence assessment of the District Attorney's Office in response to a
request of the Budget Committee's supported an analysis to be completed of the
District Attorney's Office. Kristine Hamann, Executive Director of Prosecutor's
Center for Excellence was present via Zoom conference call. The consultant's report
is attached to the record.
Mike Maier spoke on the need to improve efficiencies of sharing information. Ms.
Hamann recommended the District Attorney's Office bring in a consultant to make
sure there is an effective flow of information and also commented on the lack of
judges in the County causing some of the backlog of the department. Mr. Maier
recommended looking at hiring retired judges to assist the Court and to relieve
some of the pressure on the District Attorney's Office. Commissioner Adair
expressed disappointment of not having the chance to meet with the consultants
and also commented that our Legal Counsel was not consulted/interviewed.
Commissioner Adair also expressed disappointment with the lack of current
equipment in the District Attorney's Office and the dissatisfaction with our
Information Technology department that they should have provided the
department with new computers and shared a similar situation where she needed a
printer and was faced with the possibility of having to purchase a printer on her
own.
BOCC MEETING
MAY 19, 2021 PAGE 6 OF 9
Recommendations were made for additional staffing in the department. Mr.
Hummel presented a supplemental report to address the needs in the proposed
budget for the upcoming year. Mr. Maier inquired on hiring extra judges. Based on
direction at the mid -year budget, County Administrator Anderson spoke to Jeff Hall
Court Administrator about the need for extra judges and identified the back log
where a pro-tem judge would be beneficial.
Ms. Hinman recognized the staff at the District Attorney's Office and their effort
through this process.
12. Consideration of Board Signature of Document No. 2021-255, Iris Telehealth
Health Services staff Chandra Mola presented the item for consideration via Zoom
conference call and reviewed the telehealth services provided.
CHANG: Motion made to approve Document No. 2021-255
ADAIR: Second
VOTE: CHANG: Yes
ADAIR: Yes
DEBONE: Chair votes yes. Motion Carried
13. Consideration of Chair Signature of Document No. 2021-316, Amendment to
IGA with the Oregon Health Authority and Consideration of Resolution No.
2021-028, Increasing and Extending FTE Within the 2020-21 Deschutes County
Budget
Health Services staff Nahad Sadr-Azodi and Cheryl Smallman and Budget Manager
Dan Emerson presented this item via Zoom conference call.
Commissioner Adair inquired on the hourly wage for the contact tracing staff. Mr.
Sadr-Azodi was unaware but will investigate. He did outline the staff levels during
the pandemic response. There are approximately 20 - 25 temporary contact tracing
staff. Commissioner Adair asked for clarification on the expense per week and
inquired if the approximate expense is $30,000 - $40,000. The support for these
positions has come from external funds. Commissioner Chang knows there are
limited duration positions that need to be reviewed as well and sees this as an
opportunity for Deschutes County to be ready for the next phases of COVID
recovery.
BOCC MEETING
MAY 19, 2021 PAGE 7 OF 9
CHANG: Motion made to approve Document No. 2021-316 and approval of
Resolution No. 2021-028
ADAIR: Second
Discussion: Commissioner DeBone commented on the world of change in our
Health Department and the efforts are appreciated.
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
14. Consideration of Board Signature of Document No. 2021-323, PacificSource
CMHP
Health Services Behavioral Health Manager Janice Garceau presented the item via
Zoom conference call.
ADAIR: Motion made to approve Document No. 2021-323
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
OTHER ITEMS Continued:
• Discussion held on the legislative update meetings and Commissioner DeBone noted
his calendar is double booked. Commissioner Chang reported he testified on the Joint
Ways and Means -Natural Resource Committee this morning and the lobbyists hadn't
informed the County about the opportunity. Discussion as to whether the weekly
scheduled legislative updates are still useful at this stage of the session. Commissioner
Chang commented on the need to be able to track budget bills better.
• County Counsel Dave Doyle presented a letter of retirement from Deschutes County
Clerk Nancy Blankenship and her recommendation for replacement. An interim
appointment would hold the office through January 2023 and the election for a new
County Clerk will be held during the general election in November 2022. Ms.
Blankenship's final day of work will be July 31, 2021. The Board expressed comments of
appreciation for all of the work she has done over the years.
BOCC MEETING
MAY 19, 2021 PAGE 8 OF 9
• Commissioner Chang reported on a letter submitted by the Deschutes Basin Board of
Control looking for a letter of support to declare a drought. Tom Anderson noted that
this information needs to be directed to DCSO Sgt. Garibay for further action.
EXECUTIVE SESSION:
At the time of 3:05 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 3:21 p.m. to
approve Board signature of a letter of support to DSL
At the time of 3:22 p.m., the Board went into Executive Session under ORS 192.660 (2) (a)
Consideration of Employment. The Board came out of Executive Session at 3:47 p.m.
At the time of 3:47 p.m., the Board went into Executive Session under ORS 192.660 (2) (e)
Property. The Board came out of Executive Session at 3:58 p.m.
DJOUR
Being no further items to come before the Board, the meeting was adjourned at 3:58 p.m.
DATED this Day of 2021 for the Deschutes County Board of
Commissioners.
ATTEST:
RECORDING SECR
ANTH NY DEBONE, CH R
PHIL CHANG, VIC ''CHAIR
RATTI ADAIR, COvFMISSIONER
BOCC MEETING
MAY 19, 2021 PAGE 9 OF 9
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
9:00 AM, WEDNESDAY, MAY 19, 2021
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public, and allows 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.
Item start times are estimated and subject to change without notice.
CALL TO ORDER
MEETING FORMAT
In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order
20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary
measures to facilitate public participation in these virtual meetings.
Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be
conducted in a virtual format. Attendance/Participation options include:
Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the
Public Meeting Portal at www.deschutes.org/meetings.
Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any
meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to:
citizeninput@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before
the start of the meeting will be included in the meeting record.
Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for
consideration or who are planning to testify in a scheduled public hearing may participate via Zoom
meeting. The Zoom meeting id and password will be included in either the public hearing materials or
through a meeting invite once your agenda item has been included on the agenda. Upon entering the
Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to
present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are
Board of Commissioners BOCC Meeting Agenda
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Wednesday, May 19, 2021 Page 1
providing testimony during a hearing, you will be placed in the waiting room until the time of testimony,
staff will announce your name and unmute your connection to be invited for testimony. Detailed
instructions will be included in the public hearing materials and will be announced at the outset of the
public hearing.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT (for items not on this Agenda)
[Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be
timely, citizen input must be received by 8:OOam on the day of the meeting.]
CONSENT AGENDA
1. Consideration of Board Signature of Resolution No. 2021-030 Increasing FTE Within
the 2020-21 Deschutes County Budget
2. Approval of Minutes of the May 12 2021 BOCC Meeting
3. Approval of Minutes of the April 30 2021 Legislative Meeting
ACTION ITEMS
4. Consideration of Chair Signature on the Restated Agreement, Document No. 2021-
338, Between the County, the Fair Board and the Fair Association - David Doyle, Legal
Counsel
5. Consideration of Chair Signature of Document No. 2021-050, a Notice of Intent to
Award Contract for Engineering Services for the Deschutes Market Rd/Hamehook
Rd Intersection Improvement Project to Harper Houf Peterson Righellis Inc. - Cody
Smith, County Engineer
6. Economic Development Loan Request - Whitney Hale, Communications Director
7. 10:00 AM COVID19 Update
8. 11:00 AM PUBLIC HEARING: Board Consideration of Approval and Adoption of
Ordinance No. 2021-006, Amending Sections of DCC 9.20 - David Doyle,
Legal Counsel
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9. Draft CDD FY 2021-22 Work Plan & 2020 Accomplishments - Nick Lelack, Community
Development Director
10. Consideration of Board Signature of Document No. 2021-255, Iris Telehealth -
Chandra Mola, Supervisor
LUNCH RECESS
11. 1:00 PM Deschutes County District Attorney's Office Operations Analysis
Overview - Kathleen Hinman, Human Resources Director
12.Consideration of Board Approval to Apply for Community -Led Health Care
Innovation Grant Funds - Nahad Sadr-Azodi, Public Health Deputy Director
13. Consideration of Chair Signature of Document No. 2021-316, Amendment to IGA
with the Oregon Health Authority and Consideration of Resolution No. 2021-028,
Increasing and Extending FTE Within the 2020-21 Deschutes County Budget - Nahad
Sadr-Azodi, Public Health Deputy Director
14. Consideration of Board Signature of Document No. 2021-323, PacificSource CMHP -
Janice Garceau, BH Deputy Director
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public; however, with few exceptions and under specific guidelines,
are open to the media.
Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
Executive Session under ORS 192.660 (2) (a) Consideration of Employment
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ADJOURN
To watch this meeting on line, go to: www.deschutes.org/meetings
Please note that the video will not show up until recording begins. You can also view past
meetings on video by selecting the date shown on the website calendar.
Deschutes County encourages persons with disabilities to participate in all programs
and activities. This event/location is accessible to people with disabilities. If you need
ri
accommodations to make participation possible, please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetingcalendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners BOCC Meeting Agenda
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May 17, 2021
Deschutes County
Board of County Commissioners
board aAdeschutes.orq.
Dear Commissioners;
What an amazing gift the Deschutes County Commission created when Worrell Wayside was
designated a County Park for public purposes by Order No. 97-147 on September 24, 1997.
This mostly natural area of 1.29 acres is a gem in the heart of downtown Bend. There is
nothing else like it.
It is within close proximity to many businesses and government offices including a day care
facility. The times I have visited the park 1 find people using it; for a conversation at a picnic
table or bench, a quick run for a child scrambling along the pathways. Watchable wildlife is very
present; lizards, chipmunks, marmots and deer sign, hummingbirds, goldfinches, jays and
pollinators; bumble bees, honeybees and other- flying insects. I'm actually surprised that I have
observed all this while visiting the park on relatively short visits to see why the Commission
would want to change this natural feature into a parking lot.
It's not totally positive of course. There are some weeds and lots of lawn which requires
maintenance and irrigation. There are some introduced plants which are not suitable for the site
and require irrigation. There are no trash cans or toilets but it is posted as a day use area and I
think this is good policy. It does create a need for County staff to conduct litter patrol and
assure it is only being used for day time purposes. There is an area that could use some care
as it is currently a gravel flat without any vegetation and could be restored.
If additional parking is an essential need, some suggestions could be to:
• Utilize areas already in a relatively flat area and currently landscaped with lawn, remove
the lawn and irrigation and pave it for parking spaces. This would not net the number of
spaces the 2019 parking study concluded was needed (48 spaces). It would eliminate
the need to irrigate lawn during a drought.
During the pandemic, 1 believe courts were/are held at the Fairgrounds in Redmond. I
expect there was an investment to convert facilities at the Fairgrounds which allowed for.
courts to continue successfully. There is plenty of space for the court and for parking at
the Fairgrounds. Perhaps the cost of creating this courtroom could be extended to a
more permanent solution. Perhaps North Deschutes County would see a benefit too.
Perhaps there is other land in proximity to the County campus in Bend that could be
purchased for parking if the Commission feels so strongly about the need to add parking.
Perhaps the need for parking in the future may not be needed. Alternative modes of
transportation are being explored and more carsharing, robotaxis and other modes of
transportation may be in our future.
am writing to request you revisit your direction to staff to, request bids to design a plan to
reduce Worrell Wayside Park in size for the sake of an unknown estimated parking need for
some time in the future. As designated by Order No. 97-147, Worrell Park should remain a
public park, preserved and protected for public access and recreation. Perhaps this current
elected commission would consider, in addition to the thoughtful commission who in 1997
created the park, adding the Park to the Bend Pollinator Pathway.
Please take a few minutes to explore the park. I am available to discuss this further, please
contact me at your convenience.
Thank you,
/s/ Donna Owens
Donna Owens
2029 NW 7th St.
Bend, OR 97703
541-647-7079
owedonna@gmail.com
ICES
o -< 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 BOCC Wednesday Meeting of May 19, 2021
DATE: May 12, 2021
FROM: Whitney Hale, Administrative Services, 541-330-4640
TITLE OF AGENDA ITEM:
Economic Development Loan Request
RECOMMENDATION & ACTION REQUESTED:
Consider request for an economic development loan in the amount of $12,000 to Holy
Ka kow.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County, in partnership with Economic Development for Central
Oregon (EDCO), operates an Economic Development Loan program for the purpose of
providing funds to businesses that are seeking to create new, family -wage jobs within the
community.
Loans are conditioned upon the business creating the new jobs within 24 months, then
maintaining them for a consecutive 12-month period. If these terms are met, the loan may be
converted to a grant that does not require repayment. If not, all or a portion of the funds must
be repaid with 5% interest per annum.
EDCO is recommending to the Board of Commissioners that a loan be made to Holy Kakow.
As described in the attached briefing paper from EDCO, Holy Kakow will agree to create 6 new
jobs with an average pay of $48,097 in return for a loan of $12,000.
FISCAL IMPLICATIONS: Economic Development Loan from Economic Development Loan
Fund.
ATTENDANCE: Caprielle A. Lewis, Director, Sisters Area I EDCO; Whitney Hale,
Communications Director
EDCO BRIEFING PAPER
Holy Kakow
Request for Deschutes County Economic Development Loan Fund
Company Request: $12,000
EDCO Recommendation: $12,000
New Job Creation: 6
Average Pay for New Employees: $48, 097
Project Investments: $529,000
Industry: Specialty Food Production
Website: https://holykakow.com
Company Background
Holy Kakow is a specialty food manufacturer of organic chocolate sauce, coffee syrups, and cocoa
powder. This traded sector company has been in operation since 2008. Their primary customers are
coffee roasters, coffee shops and allied product distributors within the coffee industry.
Within the $102B coffee industry market, there is significant room for Holy Kakow's expansion both
domestically and internationally. They continue to have greater market penetration and brand
awareness. With COVID-19 negatively impacting the restaurant industry, the company increased focus
on grocery and other channels, expanding and diversifying their customer base. As more cafes and
restaurants fully re -open, the company expects significant growth in the coming years.
Due to the above factors, the company is planning for a continued upward sales trajectory coupled with
job creation in the City of Sisters and Deschutes County. The company is also developing exciting new
products, updating food safety systems, and plans to dedicate additional resources to marketing new
and existing product lines.
Over the last three years, Holy Kakow has been preparing to relocate its headquarters from the Portland
area to Sisters. They worked with a local developer on a build to suit and are newly occupying a 5,040
sq ft manufacturing space. Associated with the relocation, the company is hiring six new employees
with total employment expected to be eight or more in 2021. The company is positioning itself for high
growth in the next five years.
The Deschutes County Economic Development Loan funds, if approved, would be used to help train new
hires, offset costly moving expenses/tenant improvements, as well as the purchase/upgrade of existing
manufacturing equipment to increase production efficiencies.
Due Diligence
DCEDF Due Diligence Committee (Bruce Barrett, Broker Windermere Real Estate; Bill Kuhn, Bend Market
President First Interstate Bank, Eric Strobel, Area Manager Barrett Business Services, Inc., and Michael
Wallenfels, VP Global Sales Hydroflask/OXO) and EDCO's Caprielle Lewis reviewed company financials,
conducted market research, and met to ask questions and learn about the business with owner/founder
Wyatt Woods.
Findings Summary
The due diligence committee was extremely impressed by the company's founder, the company's solid
financial profile, sales growth, resiliency (ability to adapt quickly), quality of products, market potential,
and growth strategy. The ability to store larger amounts of raw materials and increase productivity with
investment in new equipment, the company is poised to continue at a healthy growth rate. This
company is a great fit for the small (but growing) community of Sisters. It compliments other local
specialty food and beverage companies and contributes to the diversification of the local economy.
Recommendation
EDCO and the Committee recommend an award of $2,000 per job for a total of $12,000 with the
following conditions:
• Company hiring 6 new employees by July 1, 2021 associated with the company relocation to
Sisters and maintains that employment through June 30, 2023, or four consecutive quarters, per
the standard Deschutes County contract for this fund.
• Company provides quarterly employment updates and the ability for the EDCO to inspect
complete financial statements from award date through termination of the yet -to -be executed
agreement with Deschutes County.
Failure to meet the above provisions would result in partial or full repayment of the loan, with interest.
\)1ES
0
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 BOCC Wednesday Meeting of May 19, 2021
DATE: May 13, 2021
FROM: Nick Lelack, Community Development, 541-385-1708
TITLE OF AGENDA ITEM:
Draft CDD FY 2021-22 Work Plan & 2020 Accomplishments
TO:
MEMORANDUM
Deschutes County Board of Commissioners
FROM: Nick Lelack, AICP, Director
CDD Management Team
DATE: May 19, 2021
SUBJECT: Deliberations — Community Development Department Draft Fiscal Year 2021-22 Work
Plan
I. SUMMARY
The purpose of this Board of County Commissioners (Board) agenda item is to deliberate on and adopt
the Community Development Department (CDD) Fiscal Year (FY) 2021-22 Work Plan (Attachment).
II. BACKGROUND
The Board conducted a public hearing on the Draft CDD FY 2021-22 Work Plan and 2020 Annual Report
on May 12 and received oral and written testimony. Previously, the Planning Commission conducted a
work session, public hearing and recommended the long range work plan to the Board with
modifications and priorities.
III. BOARD DECISIONS
Below are decision points for the Board to consider in adopting the FY CDD 2021-22 Work Plan:
1. Affirm or amend the projects in Table 1, which are underway or carry over projects from the
current CDD FY 2020-21 Work Plan.
2. Affirm or amend the Planning Commission's recommended projects in Table 2. While the
Planning Commission prioritized the projects for the Board's consideration, the Board may
choose to prioritize the projects during this process to adopt the work plan or prioritize the
projects as resources become available to initiate new projects on the adopted work plan.
3. Affirm or amend the projects in Table 3, ongoing operational activities and regional coordination
duties.
4. Other projects recommended by members of the public submitted in public comments (most
comments supported projects included in the lists below or provided comments pertaining to
the implementation of projects) or proposed by Commissioners at this meeting.
Table 1- Non -discretionary Projects, Grant -Supported, County Code Maintenance or Expected State
Ordinance, In -Process
Category
Projects
Comments
1. Tumalo Community Plan Update and
Sisters Rural Trails Update (TGM Grant)
2. Deschutes County Goal 5 Wildlife
Grant Supported and
Inventory Update (DLCD TA Grant)
Next steps for projects 2
and 3 may limit capacity
Potential State
3. Wildfire Risk Mitigation (DLCD TA Grant)
for concurrent projects
Mandates
4. Historic Preservation Certified Local
early in FY2021-22.
Government Grant (Historic Landmarks
Commission Procedures Manual,
Strategic Plan)
1. Guest Ranch Text Amendments
2. Amendments to DCC 17.48, Design and
Construction Specifications.
Projects 1-6 to be
3. Redmond UGB Amendment / HB 4079
4. Redmond Fire District/Road Naming
completed by June 30,
2021.
Amendment
Projects 7, 8 and 9 will be
5. Marijuana Housekeeping Amendments
completed by June 30,
2021, but maybe
6. Westside Transect Amendments
extended for subsequent
7. Natural Resource Stewardship Position
actions per Board
direction.
8. Limiting hemp production in Rural
Residential Exception Areas;
Project 10 will be
In -Process
reevaluating operating hours for
marijuana retail; and reevaluating
completed by June 30,
2021, but the local farmer
annual reporting requirements for
panel and tour(s) will be
marijuana operations
scheduled for fall 2021
9. Campgrounds, Mobile Home and RV
(unless local farmers are
Parks, only after presentation of
available to participate on
Research Paper to Board
a panel and conduct
10. Explore Rural Economic Development
tour(s) during the
agricultural season and
Opportunities (agri-tourism, meat
processing and other initiatives to
harvest.
support local farming and industry)
Project 11 to continue
Schedule PC tour(s) and panel(s) in the
through the fiscal year
fall with small farmers
end.
11. Transportation System Plan (TSP)
Update
Category
Projects
Comments
1. Housekeeping text amendments
2. Minor variance 10% lot area rule for
farm and forest zoned properties
3. Nonfarm dwelling code to be consistent
with State Law
County Code will need to be
Maintenance and
Mass Gatherings to be
updated to address these
Updates of County Code
4. Outdoor
issues, but the timing of
& Agreements
addressed more thoroughly
initiating the amendments
5. Re -platting
may be discretionary
6. Sign code to become consistent with
federal law
7. Non -discretionary changes to state law
(wildfire hazard mitigation, etc.)
Table 2 — Planning Commission Recommendations
Category
Projects
Comments
1. Initiate Comprehensive Plan Update
2040
2. Broadband infrastructure (>100Mb) and
affordable connectivity for commerce,
education, and quality of life —
information gathering panels of experts
3. Implement rural ADU legislation, if
The Planning
adopted. Address short-term rentals
If rural ADUs are allowed
Commission prioritized
(vacation housing) to address competing
and prioritized by the
the top five (5) projects
needs for housing for rural ADUs in
Board, capacity may be
as the most impactful for
particular and all housing types
limited for projects in this
category early in FY2021-
the County.
4. Outdoor and Greenhouse Lighting
22.
Control Ordinance to comply with new
These projects were
proposed by Planning
technologies and Update of 1994 Dark
Sky Ordinance
Several projects in Table 1,
if carried over or follow-up
Commissioners, Board of
Commissioners, the
5. Options to streamline and improve
actions/projects are
Public, and Carry -Over
permitting process for rural residential
initiated, will limit capacity
Projects
areas in resource zones
to initiate projects in Table
2 until mid-FY2021-22.
6. Coordinate with the Board to establish
strategic directions and values for the
Planning Commission
7. In conduit hydroelectric generation code
amendments
8. Support community organizations
scoping a Community Energy Plan
Table 3 - Ongoing and Operational Projects: Including under Consideration by Board
Category
Projects
Comments
1.
Destination Resort and Overnight
Lodging Reporting
2.
Support internal County departments
(including new landfill siting, update La
Pine Newberry Neighborhood Plan &
Codes, etc.)
Ongoing Operational
3.
Marijuana inspections
Activities
4.
Population forecasting
5.
Staff the HLC, Bicycle and Pedestrian
Advisory Committee (BPAC), and
Mitigation and Advisory Committee
(M&E)
6.
Participate in State Legislature and
Administrative Rulemaking processes
1.
Coordination with the Cities of Bend, La
Pine, Redmond and Sisters
2.
Bend Airport
Regional Coordination
3.
Participation on City and State Growth
Management Committees
Duties
4.
Bend Metropolitan Planning
Organization (MPO)
5.
Oregon Department of Transportation
(ODOT)
IV. DRAFT MOTIONS
1. Move to approve the CDD FY 2021-22 Work Plan as recommended by the Planning Commission;
or
2. Move to approve the CDD FY 2021-22 Work Plan as recommended by the Planning Commission
with the amendments decided by the Board at this meeting.
Attachment:
Draft CDD FY 2021/2022 Work Plan and 2020 Annual Report
FY
u
117 NW Lafayette Avenue
P.O. Box 6005
Bend, OR 97703
www.deschutes.org/cd
(541) 388-6575
COMMUNITY
DEVELOPMENT
rt
la
r ft)
Building Safety
Code Compliance
Coordinated Services
Environmental Soils
Planning
Introduction 4
Elected & Appointed Officials 5
Board of County Commissioners FY 2021-2022 Goals & Objectives 6
Population Growth 7
Budget & Organization 8
Performance Management 10
2020 Performance Measures 10
2021-2022 Performance Measures 12
Building and Safety 12
Code Compliance 12
Coordinated Services 12
Environmental Soils 12
Planning 13
Administrative Services 14
Overview 14
2020 Accomplishments 14
2021-22 Work Plan Projects 15
Staff Directory 15
Building Safety 16
Overview 16
2020 Accomplishments 16
2021-22 Work Plan Projects 18
Staff Directory 19
Code Compliance 20
Overview 20
2020 Accomplishments 20
2021-22 Work Plan Projects 21
Staff Directory 22
Coordinated Services 23
Overview 23
2020 Accomplishments 23
2021-22 Work Plan Projects 24
Staff Directory 24
Environmental Soils 25
Overview 25
2020 Accomplishments 25
2021-22 Work Plan Projects 27
Staff Directory 27
Planning 28
Overview 28
2020 Accomplishments 29
2021-22 Work Plan Projects 34
Staff Directory 36
Community Involvement Report 37
Mission Statement
The Community Development Department (CDD) facilitates orderly growth and development in the
Deschutes County community through coordinated programs of Environmental Soils, Building Safety, Code
Compliance, Coordinated Services, Planning and education and service to the public.
Purpose
The 2020 Annual Report and 2021-22 Work Plan highlight the department's accomplishments, goals and
objectives and are developed to:
• Report on achievements and performance
• Implement the Board of County Commissioners (BOCC) goals and objectives.
• Implement the Deschutes County Customer Service "Every Time" Standards.
• Effectively and efficiently manage organizational assets, capabilities and finances.
• Fulfill the department's regulatory compliance requirements.
• Enhance the County as a safe, sustainable and highly desirable place to live, work, learn, recreate,
visit and more; and
• Address changes in state law.
Adoption
The BOCC adopted this report on June XXth, 2021, after considering public, stakeholder and partner
organization input and Planning Commission and Historic Landmarks Commission recommendations. The
Work Plan often includes more projects than there are resources available. CDD coordinates with the BOCC
throughout the year to prioritize and initiate projects. Projects not initiated are often carried over to future
years.
Pandemic Operations
CDD provided services under the State's health and safety framework following recommended safety
measures to protect staff and customers while providing essential public services to support the Central
Oregon economy.
CDD Work Plan 2021-22 / 2020 Annual Report
BOARD OF COUNTY COMMISSIONERS
Anthony DeBone, Chair, January 2022
Phil Chang, Vice Chair, January 2024
Patti Adair, Commissioner, January 2022
COUNTY ADMINISTRATION
Tom Anderson, County Administrator I Erik Kropp, Deputy County Administrator
PLANNING COMMISSION
Les Hudson— At Large ( Chair), 6/30/24
Jessica Kieras—Redmond Area (Vice Chair), 6/30/22
Susan Altman —Bend Area, 6/30/24
Scott Asla— South County Area, 6/30/24
Dale Crawford — At Large, 6/30/23
Maggie Kirby —Bend Area, 6/30/23
Steve Swisher —Sisters Area, 6/30/22
HISTORIC LANDMARKS COMMISSION
Kelly Madden,— Unincorporated Area (Chair), 3/31/24
Sharon Leighty— Unincorporated Area (Vice Chair), 3/31/22
Dan Ellingson —Pioneer Association, 3/31/22
Christine Horting-Jones—Ex-Officio, 3/31/24
Dennis Schmidling— City of Sisters (Secretary), 3/31/24
Rachel Stemach— Bend Area, 3/31/24
HEARINGS OFFICERS
Gregory J. Frank I Stephanie Hicks I Will Van Vactor I Cable Huston LLP
BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE
Dave Thomson (Chair), 6/30/21
Christopher Cassard (Vice Chair), 6/30/21
Sam Handelman, 6/30/21
Wendy Holzman, 6/30/23
Ann Marland, 6/30/23
Scott Morgan, 6/30/23
Kenneth Piarulli, 6/30/23
Rick Root, 6/30/21
David Roth, 6/30/23
Mark Smith, 6/30/21
Rachel Zakem, 6/30/23
Mason Lacy, 6/30/23
David Green, 6/30/23
CDD Work Plan 2021-22 / 2020 Annual Report
FY 2022 Goals & Objectives
Mission Statement: Enhancing the lives of citizens by delivering quality services in
a cost-effective manner.
Safe Communities (SC): Protect the community through planning, preparedness, and delivery of
coordinated services.
• Provide safe and secure communities through coordinated public safety and crisis management
services.
• Reduce crime and recidivism through prevention, intervention, supervision and enforcement.
• Collaborate with partners to prepare for and respond to emergencies, natural hazards and disasters.
Healthy People (HP): Enhance and protect the health and well-being of communities and their residents.
• Support and advance the health and safety of Deschutes County's residents.
• Promote well-being through behavioral health and community support programs.
• Help to sustain natural resources and air and water quality in balance with other community needs.
• Continue to support COVID-19 pandemic crisis response and community health recovery.
Economic Vitality (EV): Promote policies and actions that sustain and stimulate economic vitality.
• Support affordable and transitional housing options for vulnerable populations through availability of
lands, project planning, and appropriate regulation.
• Administer land use policies that promote livability and economic opportunity.
• Maintain a safe, efficient and economically sustainable transportation system.
• Partner with organizations and manage County assets to attract business development, tourism, and
recreation.
• Support regional economic recovery from the COVID pandemic.
Service Delivery (SD): Provide solution -oriented service that is cost-effective and efficient.
• Ensure quality service delivery through the use of innovative technology and systems.
• Support and promote Deschutes County Customer Service "Every Time" standards.
• Promote community participation and engagement with County government.
• Preserve, expand and enhance capital assets, to ensure sufficient space for operational needs.
• Maintain strong fiscal practices to support short and long term county needs.
• Provide collaborative internal support for County operations.
CDD Work Plan 2021-22 / 2020 Annual Report
500,000
450,000
400,000
350,000
300,000
250,000
200,000
150,000
100,000
50,000
0
23,100
1960
30.442
1970
62,142
1980
DESCHUTES COUNTY POPULATION FORECAST
74,498
1990
115,367
2000
157,211
2010
187,267
2018
198,650
2021
235,781
101
2030
285,781
2040
334,042
2050
385,1303
1,9W
2060
432,930
2068
This graph provides a snapshot of the County's growth since 1960 and the preliminary 50-year Portland State
University, Oregon Population Forecast Program, through 2068.
HISTORICAL A
D PORTL
ND STI&TE U
SIP(
2021
Deschutes County 116,277 157,905 1.9% 198,650 301,999 432,930
EC
ST TRE
Bend
Redmond
52,163 77,010 2.3% 97,899 162,362 255,291
15,524 26,508 2.3% 31,421 51,617 82,575
Sisters 961 2,038 2.6% 2,910 5,169 8,431
La Pine 899 1,653 6.3% 1,987 3,954 5,894
Unincorporated 45,280 50,524 1.0% 64,179 79,248 80,739
*AAGR: Average Annual Growth Rate
_.-„,,,,,„,„„„ , ,,.., ,,,, .,-,..„. ,„,„.,,„,„,„:„,„ ,,,,,,,,„ „, .,, ,,„ •,.., . - „,,,,- „ - ,
CDD Work Plan 2021-22 / 2020 Annual Report
Fiscal Issues
• Ensure financial stability and sustained high quality services through establishing a financial
contingency plan providing a clear course of action if CDD's reserve funds decline,
• CDD's revenue is not sufficient for the resources necessary to meet increasing service demands.
CDD did not increase fees during the pandemic, and prior fee increases had been offset by marijuana
revenues.
• CDD is responding to significantly increased inquiries regarding rural development opportunities.
Many of these inquiries require research and in-depth responses, but do not result in permits and
corresponding revenue. This "non -fee generating" work, a public good, is consuming limited
resources to efficiently process permits.
• Increasing opposition to and appeals of land use applications, including those in compliance with
Deschutes County Code are causing the Planning Division to subsidize hearings officer public hearing
costs.
• Staff turnover is creating additional costs to and resource re -allocations from service delivery to
training in the department.
Operational Challenges
• Sustaining high customer service levels while transitioning to and implementing new post -pandemic
business operations such as continued full or partial remote working, potential shared work spaces
with increasing staff levels, adherence to ongoing public health and safety measures and continued
expansion of CDD online services and meeting technologies.
• Establishing new post -pandemic public hearing and engagement strategies with in -person and
remote/online participation opportunities.
• Implementing new laws from the 2021 Legislative Session, including potentially major changes
pertaining to rural ADU's and wildfire mitigation.
• Processing complex and controversial code compliance cases, expanding the code compliance
program to administer the County's noxious weed program and implement new potentially modified
solid waste codes.
• Addressing affordable housing through collaboration with cities, the County's Property Manager, and
exploring rural strategies.
• Re -opening satellite offices with relatively new permit technicians in high demand environments with
significant permitting volumes and coordination in Sisters and La Pine.
• Coordinating with Human Resources to develop and implement strategies to retain and recruit staff.
• Continuing improvement of the department's website and other electronic internal and external
services to improve efficiencies and service delivery,
CDD Work Plan 2021-22 / 2020 Annual Report
Budget Summary
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CDD Work Plan 2021-22 / 2020 Annual Report
CDD is committed to a comprehensive approach to managing performance. The department achieves its
goals and objectives by strategically establishing and monitoring performance measures and by adjusting
operations based on results. The performance measures:
• Address service delivery expectations from the perspectives of CDD's customers.
• Ensure the department fulfills its regulatory compliance requirements.
• Efficiently and effectively manages the organization's assets, capacities and finances; and
• Preserve and enhance the County as a safe, sustainable and desirable place to live, visit, work,
learn and recreate.
CDD's 2021-22 performance measures align the department's operations and work plan with BOCC
annual goals and objectives and the County's Customer Service "Every Time" Standards. https://
intranet.deschutes.org/Pages/Customer-Service-Standards.aspx . The following graphs represent a
sample of CDD's performance measures for 2020. For a complete review of performance measures,
please follow this link: https://deschutes.org/cd/
2020 Performance Management Results
Coordinated Services
Ruilding Permit Ready to Issue Turnaround Time
Pirlormanik Measure; Acl`dtoady to issue °:,rnarou,ad t.me of 4 days Ci
IeSs. Corrupt data.
Annual Avera
99,3
a a
202C
f 3 4 aays
,_ LOnth!i5r.
sli)luntdry (.omnpliance
9 rev 106ie.
p r,1
a
12
82%0
t Achieved
lb a
86`c
a
aol unla" (.) pitanr to ••• m tar •(>1 Il•.v..,-"� •�,,: '5ot High Tat':
Performance Measure Improve voluntary compliance In code enforcement cases from 85%
to 90,.
Annual Average of 89% Compliance • Target Achieved
Percentage of Applications Submitted Online
(Building Safety and Environmental Onsite)
Perf0rmanC9 hMeasure: Ace,+Pv@ 3 8r)al of 2i3' to 40'3 0f 3Pph( 3t!on< suhn 40:-.4 001in4,
Annual Average of 39.b% Submitted Online- 1 arget Achieved
(frdr> 1 pnlpiintice
Cases (knrhi within One Yea!
947, p100%£.
85%
81; 0 807 81,, 0.
727 0 7ti"b
9%a
65% O
0 _ii C. n i at6unrl -- a, 4[93)
Performance Measure: Improve the resolution of code enforcement cases within 12 months
from 75% to 85%.
Annual Average of 78% Closed within 1 Year- Target Within Range
10 CDD Work Plan 2021-22 / 2020 Annual Report
22t erfor ance
Perfnnnancc Measure. AchOtt, to 10 inspection stops per clay, per inspector.
Annual Average o
Day- Tar
Achieve.(#
j pttior nlan(C measure: issue new OnSaC Septic permit
Annual Average of 4.8 Days - Tar
a
a
pmpleted apph(ati0n
1 Ac hieved
PerforMence rdea5ure: issue a(I adrmmntrative deG510r1S »dh not1cewithrti 45 days Of
ca1nplete4 application,
ana
a
Performance t.Meawre: Achieve 9(0 to 1(()'ti of rn5pect1D1Ft campic^tcd on same day az
regois[ed
e ent Results
as
Annual Average of 97.5%Completed - Target Achieved
a
a
a
P0110111(0 n{p A'feasu o: 11,
aS 1001)0>t011.
a
Performance MMP_asurei Issue all administrative decisions without notice within 21 days of
completed application,
r 900 bo tOGN Of p(e t0ver insprcuons (tvllplete
Annual Average of 97.)% Completed - Target Achieved
Sa Me day
Annual Average of 44.8 Days - -Target Achieved
Annual Average of 19.6 Days - Target Achieved
11
CDD Work Plan 2021-22 / 2020 Annual Report
2020 Operations Improvement Highlights
• Continued to provide essential services to the public while implementing pandemic related safety
measures, such as social distanced interactions, remote work and dispatch inspectors from home.
• Posted ePermitting "How to" videos explaining the permit process to County website and YouTube.
• Implemented use of a dashboard in our Code Compliance division allowing for live data assessments.
• Implemented use of standardized templates for administrative determinations.
2021-2022 Performance Measures By Division
Building Safety
• Achieve 6-10 inspection stops per day to provide quality service. (BOCC Goal & Objective SD-1)
• Achieve an average turnaround time on building plan reviews of 8-10 days to meet or exceed state
requirements. (BOCC Goal & Objective SD-1)
• Achieve 50-80% of inspections scheduled online. (BOCC Goal & Objective SD-1)
• Achieve 90-100% of inspections completed the same day as requested. (BOCC Goal & Objective SD-1)
• Provide community training opportunities for online application submission to obtain a goal of 70% of
application submittals conducted online. (BOCC Goal & Objective SD-1)
Code Compliance
• Achieve 90% voluntary compliance in Code Compliance cases. (BOCC Goal & Objective SC-1)
• Achieve 85% resolution of Code Compliance cases within 12 months. (BOCC Goal & Objective SC-1)
Coordinated Services
• Expand community training opportunities for online application submission to obtain a goal of 65% of
application submittals conducted on line. (BOCC Goal & Objective SD-1)
• Achieve structural permit ready -to -issue turnaround time for Coordinated Services of 4 days. (BOCC
Goal & Objective SD-1)
Environmental Soils
• Achieve compliance with the Alternative Treatment Technology (ATT) Septic System Operation and
Maintenance (O&M) reporting requirements of 95% to protect groundwater. (BOCC Goal & Objec-
tive HP-3)
• Improve the issuance of onsite septic system permits from within 15 days of completed application
to within 12 days of completed application. (BOCC Goal & Objective SD-1)
• Achieve 65% of inspections scheduled online. (BOCC Goal & Objective SD-1)
12 CDD Work Plan 2021-22 / 2020 Annual Report
Environmental Soils, continued
• Achieve 65% of inspections scheduled online. (BOCC Goal & Objective SD-1)
• Achieve 90-100% of Pre -cover inspections completed the same day as requested. (BOCC Goal &
Objective SD-1)
Planning
• Sustain the issuance of land use administrative decisions with notice within 45 days and without notice
within 21 days of completed application. (BOCC Goal & Objective SD-1)
• City of Bend and Redmond Affordable Housing:
• Amend the City of Bend Urban Growth Boundary to implement HB 4079, a pilot project to in-
crease the supply of affordable housing units. (BOCC Goal & Objectives EV 1, EV 2, EV 3, EV 4 and
HP 1)
• Amend the City of Redmond Urban Growth Boundary to implement HB 2336, a pilot project to
increase the supply of affordable housing units. (BOCC Goal & Objectives EV 1, EV 2, EV 3, EV 4
and HP 1)
• Complete DLCD Grants with public involvement to develop and consider recommendations to address
wildfire hazard mitigation and Goal 5 wildlife habitat inventories to inform the 2021 Comprehensive Plan
Update. (BOCC Goal & Objectives SC 3, HP 3, and EV 2)
Nickaelack''
Laurie's 'Phone
Cynthia Smidt
13 CDD Work Plan 2021-22 / 2020 Annual Report
Overview
Administrative Services consists of the Community Development Director, Senior Management Analyst, two
Systems Analysts and one Administrative Assistant. The Administrative Services Division provides oversight
for all departmental operations and facilities, human resources, budget, customer services, technology and
performance measures. Systems Analyst staff are responsible for the integration of technology across all
CDD divisions and coordinates with the cities as well as providing direct service to the public via application
training and support, web -based mapping, reporting services and data distribution.
2020 Accomplishments
✓ Revised office operations to include social distancing as well as application quarantine.
✓ Implemented remote work options for approximately 75% of staff.
✓ Accelerated an equipment replacement schedule to enable staff to work remotely, issuing 39 new
laptop computers.
✓ Completed videos of each division to inform online customers and County College students about CDD's
purpose, programs and services.
✓ Provided online application training to contractors and homeowners.
✓ Published "how to" videos to our website and YouTube regarding online application submission for
building and onsite permits.
✓ Updated Continuity of Operations Plan (COOP) which details department's plan to continue operation in
the event of a disaster.
✓ Participated in a County led effort to create a county -wide plan for Pre -disaster Preparedness Plan.
✓ Updated CDD website, including division and project webpages.
✓ Created a property information report to identify all parcel requirements including associated fees
related to development.
14 CDD Work Plan 2021-22 / 2020 Annual Report
2021-22 Work Plan Projects
• Reconfigure Accela to improve code compliance case
management and enable fines and fees to be recorded.
• Continue to participate in a County led effort to create a county-
wide Pre -disaster Preparedness Plan.
Explore expanding the Planning Division's webpage to provide
more information about land use public hearings and
opportunities for the public to submit comments on pending
applications.
• Revise CDD Information Technology 5 year strategic plan to
account for laptops purchased early as a result of pandemic
operations during FY 21.
• Update COOP, if necessary, based on lessons learned from the
pandemic.
• Propose revisions to CDD's Fee Waiver Policy.
• Coordinate with the Human Resources Department to evaluate,
propose and implement strategies to attract and retain staff to
meet increasing service demands in a highly competitive market.
• Explore and research opportunities to both increase CDD's
sustainable business practices while maximizing the efficiency of
operations in a cost effective manner.
• Reorganize and enhance CDD's web site to be more customer
centric. Provide enhanced content that will allow customers to
better understand CDD's polices and procedures and create an
improved customer experience that acts as a guide for
understanding the process of development in Deschutes County
while also expanding online application instruction content.
Staff Directory
Nick Lelack, AICP Community Development Director (541) 385-1708 Nick.Lelack@deschutes.org
Tim Berg Applications System Analyst III (541) 330-4648 Tim.Berg@deschutes.org
Ines Curland Application System Analyst I (541) 317-3193 Ines.Curland@deschutes.org
Tracy Griffin Administrative Assistant (541) 388-6573 Tracy.Griffin@deschutes.org
Sherri Pinner Senior Management Analyst (541) 385-1712 Sherri.Pinner@deschutes.org
15 CDD Work Plan 2021-22 / 2020 Annual Report
Overview
Building Safety consists of one Building Safety Director, one Assistant Building Safety Official and sixteen
Building Safety Inspectors. The Building Safety Division administers and implements the state and federal
building codes through a process of education and a dear and consistent application of the specialty codes.
The division provides construction plan reviews, consultation and inspection services throughout the rural
county and the cities of La Pine and Sisters. The division also provides services to Lake, Jefferson, Klamath
and Crook counties, the cities of Bend and Redmond, and the State of Oregon Building Codes Division on an
as -needed basis.
2020 Accomplishments
✓ Issued 640 new single-family dwelling permits in 2020. The distribution of these new homes for
Deschutes County's building jurisdiction included:
— Rural/unincorporated areas: 451
— City of La Pine: 57
— City of Sisters: 132
✓ Completed Major building plan reviews for:
- MidOregon Credit Union in Sisters
— Three new Multi -family apartments in Sisters
— The Ski Inn
— 260 Sun Ranch in Sisters
— Two interior remodels for La Pine Fire Stations
- The Cove Aquatic Center addition
- West Core North Pool renovation and expansion
— Bend Distillery Production Facility
✓ Continued to improve overall operational efficiencies and customer services by:
- Implemented a new ePermitting "How to" tutorial in conjunction with Coordinated Services.
- Hired two new Field Inspectors to fill vacancies.
- Cross -trained all division staff to perform inspections in all four residential disciplines.
✓ Continued to lead efforts with the Central Oregon Chapter of the International Code Council to:
— Achieve consistency in code implementation/administration among all jurisdictions.
— Promote and participate in education among building/development and design professions.
16 CDD Work Plan 2021-22 / 2020 Annual Report
2020 Accomplishments
✓ Actively participated in State and local code and rulemaking efforts related to:
- Wildfire Mitigation Advisory Committee and ongoing support to the County's consideration of
adopting ORSC 327.4.
- Tiny Homes on Wheels classifications as RV's with Oregon Department of Transportation
registration titles and not building department regulated.
- Adaptions to major Chapter 1 changes in County Codes by adopting local ordinances.
✓ Participated in public, community and customer -specific education and outreach efforts such as OAR
918-480-0125 Uniform Alternate Construction Standards for mitigation due to a lack of firefighting
water supplies.
✓ Coordinated with State and County staff to promote and educate customers on how to apply for
online permits and inspections.
✓ Continued succession planning, cross -training and technology investments to maintain and improve
efficiencies.
✓ Continued to serve in regional and statewide leadership positions to support Deschutes County and
Central Oregon interests.
✓ Provided A -level electrical inspection services, electrical plan review and customer contact support for
commercial and residential electrical questions for the City of Redmond.
✓ Implemented social distancing procedures to maintain our high customer service standards while
experiencing a record setting business volume for new single family dwellings.
800
700
000
400
2(.)
.640
574
523
44
297
51-
2013
2014
2015
2 01 6
201 7
2018
2 019
2 02 0
17 CDD Work Plan 2021-22 / 2020 Annual Report
2021-22 Work Plan Projects
Implement succession planning for future retirements and explore staffing needs due to unprecedented
business needs.
Provide certification cross -training for all new hires to maintain the division's goal of having fully certified
residential inspection staff,
• Research ways to reduce the carbon footprint associated with field inspection duties such as:
- Alternative fuel options and All -Wheel Drive electric vehicles
- Charging stations for electric vehicles (each station has charging capabilities for 1-2 vehicles)
• Work with the Road Department to research viability of All Wheel Drive electric vehicles.
• Work with Oregon e-Permitting to help test the new app for inspections prior to the roll out.
Investigate the use of drones and other technologies to accomplish high risk inspections such as:
— Roof diaphragm nailing
— Chimney construction
— High lift CMU grouting
• Continue participation in the Planning Division led Wildfire Mitigation Advisory Committee (WMAC)
process to consider adopting a new Wildfire Hazard Zone map, a local ordinance implementing
additional construction standards to reduce hazards presented by wildfire (Oregon Residential Specialty
Code (ORS) R327.4), and/or new defensible space requirements into Deschutes County Code.
Produce new informational brochures as required by Oregon Administrative Rule (OAR) 918-020-0090 to
help customers navigate code changes such as Energy Code and Daycare Facility updates.
• Host two or three Chemeketa Community College Building Inspection Technology students this summer
for their Cooperative Work Experience which provides an opportunity to demonstrate the county's
customer friendly, service oriented approach as a regulatory agency.
• Coordinate with the Human Resources Department to evaluate, propose and implement strategies to
attract and retain staff to meet increasing service demands in a highly competitive market,
18 CDD Work Plan 2021-22 / 2020 Annual Report
Staff Directory
Randy Scheid
Chris Gracia
Krista Appleby
Keri Blackburn
Rainer Doerge
Scott Farm
David Farrin
Anthony Friesen
Owen Gilstrap
Erik Johnson
Brandon Jolley
John Kelley
Michael Liskh
Brian Moore
Todd Russell
Laurie Wilson
Building Safety Director
Assistant Building Official
Building Inspector III
Building Inspector III
Building Inspector III
Building Inspector III
Building Inspector III
Building Inspector III
Building Inspector III
Building Inspector I
Building Inspector III
Building Inspector III
Building Inspector III
Building Inspector III
Building Inspector III
Building Inspector III
(541) 317-3137
(541) 388-6578
(541) 385-1701
(541) 388-6577
x1638
x1639
(541) 385-1702
(541) 213-0653
x1640
(541) 480-8940
x1625
X1642
x1627
(541) 385-1705
x1644
(541) 383-6711
Randy.Scheid@deschutes.org
Chris.Gracia@deschutes.org
Krista.Appleby@deschutes.org
Keri.Blackburn@deschutes.org
Rainer.Doerge@deschutes.org
Scott.Farm@deschutes.org
David.Farrin@deschutes.org
Anthony.Friesen@deschutes.org
Owen.Gilstrap@deschutes.org
Erik.A.Johnson@deschutes.org
Brandon.Jolley@deschutes.org
John.Kelley@deschutes.org
Michael.Liskh@deschutes.org
Brian.Moore@deschutes.org
Todd.Russell@deschutes.org
Laurie.Wilson@deschutes.org
19 CDD Work Plan 2021-22 / 2020 Annual Report
Overview
Code Compliance consists of four Code Compliance Specialists and one volunteer. The program is
managed by the Coordinated Services Administrative Manager and is supported by a law enforcement
deputy from the Sheriff's Department and operating divisions. The Code Compliance Division is responsible
for investigating code violation complaints to ensure compliance with land use, onsite wastewater disposal,
building and solid waste codes (by contract with the Solid Waste Department), and provides direct service
on contract to the City of La Pine for solid waste violations. The program's overriding goal is to achieve
voluntary compliance. If necessary, citations are issued for prosecution in Circuit Court or before a Code
Compliance Hearings Officer. The program continues to adapt to the County's challenges of growth and
diversification, incorporating new measures to ensure timely code compliance.
While voluntary compliance is the primary objective, an ever-growing number of cases require further code
compliance action because of delayed correction or non-compliance. Through the continuing development
and refinement of departmental procedures for administrative civil penalty, Code Compliance is obtaining
compliance from citations rather than court adjudication resulting in greater cost recovery. A disconcerting
trend is the need for County abatement in some cases. In abatement, the County corrects the violations
with the priority on compliance. Abatement action is reserved for matters of chronic nuisance and public
health and safety. In response to this trend, Code Compliance is closely coordinating with other County
departments in the development and enactment of abatement plans.
2020 Accomplishments
✓ During 2020, 863 new cases were received and 767 cases were resolved. This is a 15% decrease in new
cases from the previous year.
✓ Provided community education through regular presentations to local real estate groups and title
companies.
✓ Partnered with the Solid Waste Department to implement the use of a voucher system offering financial
assistance to customers meeting eligibility criteria in order to facilitate timely compliance.
✓ Continued to partner with departments within the County to resolve difficult cases. Coordination
between departments ensures efficiency of operations and avoids overlapping efforts, thus allowing staff
to conduct a thorough investigation on behalf of community members.
✓ Created a dashboard for code compliance metrics such as "Cases Opened and Closed by Year", "Current
Active Cases" and "Current Assigned Cases by Staff Member", allowing an assessment of live data and the
opportunity to adjust cases and staff as necessary.
✓ Coordinate with Planning, Building Safety and Environmental Soils division to redefine the County's
process for decommissioning unlawful second dwellings.
20 CDD Work Plan 2021-22 / 2020 Annual Report
2021-22 Work Plan Projects
• Implement BOCC direction on the update of the Code Compliance Policy and Procedures Manual.
• Explore enforcing the Noxious Weed program.
• Enhance involvement in Oregon Code Enforcement Association (OCEA) next annual conference through
presentation participation.
• Create training program for new staff.
• Continue to conduct public outreach to real estate professionals and organizations, homeowners
associations, etc., to share information regarding the code compliance program and current issues.
• Automate the process for medical hardship notification and out -of -compliance Operation and
Maintenance (O&M) contracts performed by code compliance volunteers.
• Modify procedures as necessary during and temporarily following the pandemic.
• Partner with Building Safety to propose a revised policy on undocumented structures.
1200
10C)0
800
600
4CX) 304
202 Cl
308
338
574
904
763
1000
394
363
0
767
30
2014 2015 2016 2017 2018 2019 2020
Nevi Cases 13 Closed Cases
21 CDD Work Plan 2021-22 / 2020 Annual Report
Staff Directory
Christopher Beem
Joseph Graziano
John Griley
Dan Smith
Code Compliance Specialist
Code Compliance Specialist
Code Compliance Specialist
Code Compliance Specialist
(541) 385-1745
(541) 617-4736
(541) 617-4708
(541) 385-1710
Christopher.Beem@deschutes.org
Joseph.Graziano@deschutes.org
John.Griley@deschutes.org
Dan.Smith@deschutes.org
22 CDD Work Plan 2021-22 / 2020 Annual Report
Overview
Coordinated Services consists of an Administrative Manager, nine Permit Technicians and an Administrative
Support Technician. The Coordinated Services Division provides permitting and "front line" direct services to
customers at the main office in Bend as well as in the La Pine and Sisters City Halls. While coordinating with
all divisions, staff ensure accurate information is provided to the public, while minimizing wait times and
ensuring the efficient operation of the front counter and online portal.
2020 Accomplishments
✓ Permit Technicians continued to provide exceptional customer service during the pandemic.
✓ Implemented a more efficient staff training process.
✓ Created a manual of Standard Operating Procedures as an additional resource for Permit Technicians
for consistency and succession planning.
Reconfigured the City of La Pine permitting process to include implementation of tools within the Accela
permitting software. Utilizing Accela in this manner allows all communication between organizations to
occur electronically for documentation regarding Planning approvals and approvals to issue a Certificate
of Occupancy.
✓ Increased electronic permit submittals through public education and outreach to licensed professionals.
During 2020, CDD received 39.7% of applications online in comparison to 26.5% in 2019.
✓ Created an application in partnership with IT staff to display alert messages when online permits have
been submitted, payments have been applied or documents have been uploaded, resulting in increased
processing efficiencies.
✓ Continued succession planning for the retirement of one long term staff with the hiring of a replacement
Permit Technician. Cross -training staff allows the division to maintain high customer service standards
during this transition.
✓ As Accela continued to evolve and new tools became available, Deschutes County continued to be a
statewide leader in offering training opportunities to customers and regional agency partners.
Coordinated Services has hosted in-house, one-on-one training opportunities and posted videos to the
website in an effort to facilitate a streamlined permitting process.
✓ Revised daily cash balancing procedures to enhance proper internal controls.
✓ Revised internal refund process to improve efficiencies.
✓ Implemented process to electronically scan building plans to property development record.
✓
23 CDD Work Plan 2021-22 / 2020 Annual Report
2020-21 Work Plan Projects
• Update and revise the Standard Operating Procedures manual as processes change.
• Increase customer, contractor and public education of Accela and online permit applications to
streamline permit processes.
• Continue to improve training program for new hires to include training efficiencies.
• Revise lead permit technician role.
• Cross -train staff on property record maintenance.
• Complete scanning building plans to the property development record.
• Coordinate with the Human Resources Department to develop and implement new permit technician
job classifications and categories to reflect the department's business needs (e.g., staffing satellite
offices with experienced permit technicians) and providing opportunities for advancement.
Main Office-117 NW Lafayette Ave, Bend, OR 97703
Monday, Tuesday, Thursday, Friday 8:00 AM-5:00 PM, Wednesday 9:00 AM-5:00 PM
La Pine City Hall-16345 Sixth St., La Pine, OR 97739
Thursday 9:00 AM-4:00 PM
Sisters City Hall-520 E. Cascade St., Sisters, OR 97759
Tuesday 9:00 AM-4:00 PM
Staff Directory
Angie Havniear Administrative Manager (541) 317-3122 Angela.Havniear@deschutes.org
Tara Alvarez Permit Technician (541) 383-4392 Tara.Campbell-Alvarez@deschutes.org
Katie Borden Permit Technician (541) 385-1741 Katie.Borden@deschutes.org
Michelle Conklin , Permit Technician (541) 388-6681 Michelle.Conklin@deschutes.org
Ian Cullen Permit Technician (541) 388-6680 Ian.Cullen@deschutes.org
Ami Dougherty Permit Technician (541) 385-3217 Ami.Dougherty@deschutes.org
Lindsey Holloway Permit Technician (541) 388-6596 Lindsey.Holloway@deschutes.org
Terese Jarvis Permit Technician (541) 383-4435 Teresejarvis@deschutes.org
Jennifer Lawrence Permit Technician (541) 385-1405 Jennifer.L.Lawrence@deschutes.org
Marilyn Tiboni Administrative Support Technician (541) 385-1409 Marilyn.Tiboni@deschutes.org
24 CDD Work Plan 2021-22 / 2020 Annual Report
Overview
Environmental Soils consists of one Environmental Health Supervisor, three Environmental Health
Specialists II, and one Permit Technician. The Environmental Soils Division regulates on -site wastewater
treatment systems (septic) to assure compliance with state rules, and monitors environmental factors for
public health and resource protection. They provide site evaluations, design reviews, permitting, inspections
and education and coordination with the Oregon Department of Environmental Quality (DEQ) for onsite
wastewater treatment and dispersal systems. Staff inspects sewage pumper trucks, reports on the
condition of existing wastewater systems, maintains an Operation and Maintenance tracking system,
provides the public with information on wastewater treatment systems and regulations and investigates
sewage hazards to protect public health and the environment. Staff are also engaged in the proactive
pursuit of protecting the groundwater in Deschutes County and continue to work with DEQ on permitting
protective onsite wastewater systems in South Deschutes County.
2020 Accomplishments
✓ Assessed 296 sites for onsite wastewater treatment and dispersal systems, a decrease of 7.5% from
2019, and issued 1,643 permits and authorizations for new and existing onsite treatment and dispersal
systems, a decrease of 2% from 2019. Assessed sites included several new subdivisions. Applications
continue to increase in complexity and technical requirements.
✓ Repaired 279 failing or substandard systems correcting sewage health hazards and protecting public
health and the environment.
✓ Increased electronic permit submittal and inspection scheduling through outreach and education of
customers, particularly licensed professionals. During 2020, the division received 43.6% of applications
online compared to 21.6% in 2019.
1.,800
1,500
1,400
1,200
1,0.00
800
926
2012
810
2014
2015
20➢5
201 7
1,567
2018
1,670
2019
2020
25 CDD Work Plan 2021-22 / 2020 Annual Report
2020 Accomplishments
✓ Provided eight property owners in South County with rebates of $3,750 per property for upgrading
conventional onsite wastewater treatment systems to nitrogen -reducing pollution reduction systems.
✓ Provided assistance and information regarding onsite wastewater treatment systems in Terrebonne to
Parametrix, engineering consultant, for the Terrebonne Sewer Feasibility Study.
✓ Coordinated with the City of Bend staff and DEQ regarding the septic to sewer program, and the impact
on homeowners with onsite wastewater systems.
✓ Participated in the Upper Deschutes Agricultural Water Quality Management Area Local Advisory
Committee and the City of Bend Storm Water Public Advisory Group.
✓ Worked with DEQ on permitting protective onsite wastewater systems in South Deschutes County.
Participated in dozens of variance hearings for modified advanced treatment systems on severely limited
sites.
✓ Coordinated with DEQ on multiple variances. The overall process has been improved with more
complete and detailed proposals and plans going forward.
✓ Adapted to COVID-19 limitations by remote working, electronic permitting, computer technologies,
electronic communications and deploying from home. Staff was able to sustain performance measures,
permit and inspection turnaround times and maintain high service levels demonstrating resilience, team
work and professionalism to continue to serve the community.
26 CDD Work Plan 2021-22 / 2020 Annual Report
2020-21 Work Plan Projects
• Coordinate with DEQ for a South County Groundwater sampling event and funding of a planned existing
network of wells.
• Work with DEQ staff on planning for and funding off long term and regular well sampling events
approximately every 10 years to monitor changes in water quality in the aquifer.
• Continue technical support as necessary toward the completion of the Terrebonne Sewer Feasibility
Study.
• Participate in the Upper Deschutes Agricultural Water Quality Management Area Local Advisory
Committee.
• Continue to participate in the City of Bend Storm Water Public Advisory Group and the Upper Deschutes
Agricultural Water Quality Management Area Local Advisory Committee (Oregon Department of
Agriculture).
• Provide financial assistance opportunities to South County property owners to upgrade conventional
systems to nitrogen reducing pollution reduction systems through Nitrogen Reducing System Rebates
and the Neighborlmpact Non -conforming Loan Partnership.
• Review current groundwater protection policies for South County and continuing variance applications
with DEQ onsite staff to ensure goals of water resource protection are addressed. Highest risk areas
may need greater scrutiny.
• With development occurring in the new neighborhood in La Pine, review financial assistance programs
for groundwater protection efforts.
• Update the DEQ contract for the Onsite Wastewater Treatment System Program to be more consistent
with current rules and requirements (the current contract dates from 1981).
• Amend Deschutes County Code Chapter 11.12, Transferable Development Credit Program to implement
changes from BOCC Resolution 2019-040.
• Coordinate with the Human Resources Department to evaluate, propose and implement strategies to
attract and retain staff to meet increasing service demands in a highly competitive market.
Staff Directory
Todd Cleveland Environmental Health Supervisor (541) 617-4714 Todd.Cleveland@deschutes.org
Kevin Hesson Environmental Health Specialist II (541) 322-7181 Kevin.Hesson@deschutes.org
Larry Howard Environmental Health Specialist II (541) 330-4666 Larry.Howard@deschutes.org
Kiley Rucker-Clamons Environmental Health Specialist II (541) 383-6709 Kiley.Rucker-Clamons@deschutes.org
Martha Shields Permit Technician (541) 385-1706 Martha.Shields@deschutes.org
27 CDD Work Plan 2021-22 / 2020 Annual Report
Overview
Planning consists of one Planning Director, one Planning Manager, two Senior Planners, one Senior Long
Range Planner, one Senior Transportation Planner, six Associate Planners, three Assistant Planners and one
Administrative Assistant. The Planning Division consists of two operational areas: Current Planning and Long
Range Planning. Current Planning processes individual land use applications and provides information to
the public on all land use related issues. Long Range Planning addresses the future needs of the county
through updates to the comprehensive plan, changes to the County Code and other special projects.
Current lannin
Responsible for reviewing land use applications for compliance with Deschutes County Code (DCC) and state
law, including zoning, subdivision and development regulations, and facilitating public hearings with
Hearings Officers and the BOCC. Staff is also responsible for verifying compliance with land use rules for
building permit applications and septic permits; coordinating with Code Compliance to respond to
complaints and monitor conditions of approval for land use permits; performing road naming duties;
providing assistance at the public information counter, over the telephone and via email; and addressing in
the rural County and City of Redmond under contract.
Long aPlanning
Responsible for planning for the future of Deschutes County, including developing and implementing land
use policy with the BOCC, Planning Commission, community and partner organizations. It is in charge of
updating the County Comprehensive Plan and zoning regulations, coordinating with cities and agencies on
various planning projects taking place in the region, including population forecasts with Portland State
University and cities. Staff also monitors and participates in annual legislative sessions, and serves on
numerous local, regional and statewide committees primarily focusing on transportation, natural resources,
growth management and economic development.
Transportation Planning
Provides comments and expertise on land use applications, calculates System Development Charges (SDC's)
as part of land use application review process or upon request; provides comments to the County's Risk
Management Department regarding traffic issues for permitted events; participates in the annual County
Capital Improvement Plan (CIP) process with the Road Department; applies for grants for enhanced bicycle
and pedestrian facilities in coordination with the Bicycle and Pedestrian Advisory Committee (BPAC);
participates in Oregon Department of Transportation (ODOT) funded refinement planning; coordinates road
issues with Bureau of Land Management (BLM) and the United States Forest Service (USFS) for urban
interface plans; and serves on several local and regional transportation committees, most notably BPAC, the
Bend Metropolitan Planning Organization Technical Advisory Committee, and Central Oregon Area
Commission on Transportation Technical Advisory Committee (TAC).
Floodplain & Wetlands Planning
Responsible for providing comments and expertise on land use applications, code compliance, and general
property inquiries that require development, fill, or removal in mapped floodplain and wetland areas. Staff
maintains certification as an Association of State Floodplain Managers (ASFPM) Certified Floodplain Manager
to provide customers with up-to-date and accurate information regarding Federal Emergency Management
Agency (FEMA) regulations, surveying requirements, and construction requirements. Coordination is
frequently required with external agencies including FEMA, US Army Corps of Engineers, Oregon
Department of State Lands, Oregon Department of Fish and Wildlife (ODFW), and the USFS.
28 CDD Work Plan 2021-22 / 2020 Annual Report
2020 Accomplishments
✓ Counter coverage averaged 197 customer visits a month compared to 365 in 2019. The decrease is
largely due to revised office hours resulting from the pandemic restrictions.
✓ Since the pandemic started in March, staff responded to over 2,000 emails and 3,400 phone call
inquiries. This equates to over 200 emails and 340 phone calls a month over a 10-month period.
✓ Received 869 land use applications compared to 891 in 2019.
✓ The Planning Division received 29 non -farm dwelling applications compared with 23 for 2019.
✓ 17 final plats were recorded in 2020 or are in the process of being recorded, creating a total of 97
residential lots.
✓ No applications were received in 2020 for marijuana business due to the opt -out ordinance. The BOCC
heard one LUBA remand pertaining to marijuana production.
✓ Due to COVID-19, starting in April, the Planning Division successfully transitioned to electronic meetings
for pre -application, Hearings Officer, Historic Landmarks Commission, and Planning Commission
proceedings. Significant efforts were made to ensure each body, applicants, and members of the public
could utilize this new technology. Meetings were also available by phone. Staff utilized social distancing
protocols when members of the public met in -person. Throughout this transition, this division
continued to meet its performance measures related to processing land use applications.
1.200
1000
800
400
200
941
392
2012 2.013 2014 2015 2016 2017 2018 2019 2020
29 CDD Work Plan 2021-22 / 2020 Annual Report
903
891,
869
2020 Accomplishments
Fifteen (15) land use applications were reviewed by Hearings Officers in 2020 compared to 15 in 2019. They
include:
✓ Accessory Farm Dwelling ✓ Hydro -Electric Facility
✓ Bend Airport Text Amendment ✓ Declaratory Ruling
✓ Cinder Storage Structure ✓ Plan Amendment / Zone Change
✓ Cluster Development ✓ Private Airstrip
✓ Lot of Record Verification (2 applications) ✓ Footbridge
✓ Redmond Urban Growth Boundary Amendment ✓ Tentative Plat
✓ Guest Ranch Modification ✓ Type 3 Home Occupation
The BOCC conducted 14 quasi-judicial land use hearings or proceedings in 2020 compared to 16 in 2019.
Four involved appeals heard by the Board (*):
✓ Marijuana Production (LUBA Remand)* ✓ Lower Bridge Mine Site Rezoning
✓ Hydroelectric Facility* ✓ Noise Variance (2 applications)
✓ Tentative Plat* ✓ Plan Amendment / Zone Change
✓ Thornburgh Resort Golf Course* ✓ Redmond UGB Adjustment
✓ Bend Airport Text Amendment ✓ Road Naming (2 applications)
✓ Goal 11 Exception ✓ Termination of Improvement Agreement
Seven (7) appeals were filed with the Land Use Board of Appeals (LUBA) in 2020, compared to 6 in 2019:
✓ Lower Bridge Planned Unit Development
✓ Structure Related to Farm Use
✓ Thornburgh Destination Resort Golf Course
✓ Religious Land Use and Institutionalized Persons
Act (RLUIPA) Amendments
✓ Marijuana Production (Reconsideration)
✓ Marijuana Production Interpretation / Land Use
Decision
✓ Marijuana Production (LUBA Remand)
30 CDD Work Plan 2021-22 / 2020 Annual Report
2020 Accomplishments
The Planning Division processed two applicant -initiated Plan Amendments, one Zone Change and two zon-
ing text amendments in 2020:
✓ Plan amendment and zone change for a property at Deschutes Junction.
✓ Plan amendment adjusting the Redmond Urban Growth Boundary for an Affordable Housing Project.
✓ Zoning text amendment to permit a general category of retail/rental store, office and service establish-
ment as a use permitted outright subject to site plan review and providing parking exceptions.
✓ Zoning text amendment to streamline review of personal use hangers, reduce front and rear yard set-
back, allow parking in the front yard, and adopt Oregon Administrative Rule (OAR) and Federal Aviation
Administration (FM) definitions.
Legislative Amendments
The BOCC considered:
✓ Historic Preservation Amendment —Staff -initiated legislative amendments to update the County's Historic
Resource Inventory and Historic Preservation Ordinance to comply with the State's Historic Preservation
rule.
✓ Nonprime Resource Lands Amendments —Staff -initiated legislative amendments to Deschutes County's
Comprehensive Plan to establish eligibility criteria to re -designate six specific areas currently designated
Exclusive Farm Use or Forest Use to Nonprime Resource (NPR) Lands.
The BOCC adopted:
✓ Child Care Amendments —Staff -initiated legislative amendments to permit child care uses as a use
permitted outright subject to site plan review.
✓ Housekeeping Amendments —Staff -initiated legislative amendments to correct minor errors in the
Deschutes County Code and Comprehensive Plan.
✓ Spring River Rural Commercial Zone Amendment —Applicant -Initiated legislative amendment allowing office
and retail as outright permitted uses subject to site plan review; clarifying front yard setbacks; and
parking requirement exceptions.
31 CDD Work Plan 2021-22 / 2020 Annual Report
2020 Accomplishments
Legislative Amendments (continued)
✓ Sunriver Business Park / Employee Housing Amendment —Application legislative amendment allowing em-
ployee housing as an outright permitted use in the Sunriver Business Park Zoning District.
✓ Titles 1 and 15 Amendments —Staff -initiated legislative amendment to incorporate changes to the Oregon
State Structural Code and Oregon Fire Code.
✓ US 20 Transportation System Plan Amendments/Roundabouts —Application initiated by the Oregon De-
partment of Transportation (ODOT) to add roundabouts at US20/Cook-O.B. Riley Roads and US20/Old
Bend -Redmond Highway intersections.
✓ US 97 Transportation System Plan Amendments —Application initiated by ODOT to add reference toj-turns
to language on frontage road on US 97 between Bend and Redmond and delete text requiring
Vandevert Road be disconnected from US 97.
Grants
Certified Local Government Grant
Planning staff completed an 18-month $11,500 Certified Local Government (CLG) Grant from the State
Historic Preservation Office to assist Deschutes County with its historic preservation programs.
Technical Assistance Grant
Planning staff is administering an 18-month $20,000 Technical Assistance (TA) Grant from the Department of
Land Conservation and Development (DLCD) to incorporate Wildfire Mitigation Advisory Committee
recommendations into the Comprehensive Plan and development code and begin updating Goal 5 wildlife
habitat inventories.
TGM Grant
Planning staff received a $75,000 Transportation and Growth Management (TGM) Grant to update the
Tumalo Community Plan and implement the rural trails portion of the Sisters Country Vision Action Plan.
Coordination with Other Jurisdictions, Agencies and Committees
Bicycle and Pedestrian Advisory Committee (BPAC)
BPAC met 11 times, commenting on regional Transportation System Plan updates, trail connections be-
tween cities and recreation areas, and ODOT projects, among others.
Oregon Department of Transportation (ODOT)
Participated in Terrebonne Refinement Plan Technical Advisory Committee (TAC); Parkway Facility Manage-
ment Refinement Plan TAC; Wickiup Jct. Refinement Plan (with City of La Pine); Bend US 97 North Corridor
Planning; TAC for potential US 97 interchange slightly north of Bend; stakeholder committee for US 20/Cook
Ave. roundabout project; served as Central Oregon representative to Governor's Advisory Committee on
Motorcycle Safety.
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32 CDD Work Plan 2021-22 / 2020 Annual Report
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TES
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 BOCC Wednesday Meeting of May 19, 2021
DATE: May 11, 2021
FROM: David Doyle, Legal, 541-388-6625
TITLE OF AGENDA ITEM:
Board Approval and Adoption of Ordinance No. 2021-006, Amending Sections of DCC 9.20
RECOMMENDATION & ACTION REQUESTED:
Board Approval and Adoption of Ordinance No. 2021-006.
BACKGROUND AND POLICY IMPLICATIONS:
Dangerous and inappropriate uses at and on county bridges have increased recently; safety is
compromised often necessitating intervention by law enforcement.
FISCAL IMPLICATIONS: No direct impacts.
ATTENDANCE: Dave Doyle, Legal Counsel, Road & Sheriffs Office
I' ES
0
-< 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 BOCC Wednesday Meeting of May 19, 2021
DATE: May 13, 2021
FROM: Kathleen Hinman, Human Resources, 541-385-3215
TITLE OF AGENDA ITEM:
Deschutes County District Attorney's Office Operations Analysis Overview
BACKGROUND AND POLICY IMPLICATIONS:
The Budget Committee requested the District Attorney's Office (DAO) and Administration work together to
select a consultant to complete an analysis of the DAO's operations. The analysis for the District Attorney's
Office (DAO) has now been completed by the selected consultant, Prosecutors' Center for Excellence. District
Attorney Hummel has provided a response to the analysis which is also provided here.
The analysis includes recommendations for an increase to the staffing level, a change to the supervision
structure, a focus on improved role definitions, as well as a list of process improvements specific to office and
program functions (example: creating internal processes, road maps, and standard templates.)
During this meeting, the consultant will present the report findings and provide an opportunity for questions
and discussion.
FISCAL IMPLICATIONS:
This presentation does not include a budgetary ask or adjustment, however the
implementation of the recommendations included in the analysis would create an increase to
the budget ask for the District Attorney's Office.
ATTENDANCE:
Kathleen Hinman; HR Director, Deschutes County
John Hummel; District Attorney, Deschutes County
Kristine Hamann; Executive Director, Prosecutor's Center for Excellence (PCE)
Prosecutors' Center for Excellence
i
ASSESSMENT OF THE DESCHUTES COUNTY DISTRICT
ATTORNEY'S OFFICE
OVERVIEW OF DESCHUTES COUNTY AND THE DESCHUTES COUNTY DISTRICT ATTORNEY'S
OFFICE 1
THE ROLE OF THE PROSECUTOR 1
THE DESCHUTES COUNTY DISTRICT ATTORNEY'S OFFICE 1
CRIME ISSUES 3
Comparative Crime Rates by County, 2019 3
THE ASSESSMENT PROJECT 4
THE ASSESSMENT TEAM 4
ASSESSMENT METHODOLOGY 5
Persons Interviewed 5
Data 6
Time Study 6
EXECUTIVE SUMMARY 8
Role and Responsibilities 8
Insufficient Legal Staff 8
Leadership and Management 8
Human Resources 9
Policies and Procedures 9
Teams 9
Case Management System 9
Office Space 10
Prosecutor Diversion and Alternatives to Incarceration 10
Intake 10
Training 10
Trial Assistants 11
Victim Advocates 11
Other Staff 11
Community Outreach 11
Law Enforcement 12
Courts 12
Defense Bar 12
Moving Forward 12
ISSUES AND RECOMMENDATIONS 13
CASELOADS AND TIME STUDY 13
General 13
Impact of the Pandemic 14
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
ll
DCDAO's Caseload 14
Table 1— DCDAO Caseloads 2018-2020 15
Comparative Caseloads 15
Table 2 — Comparison of County Caseloads (2018) 16
Hours Worked by DCDAO Attorneys and Staff 16
Table 3 — Average Hours Worked by DCDAO Attorneys and Staff 17
Case -weighting Analysis 18
Table 4 — Annual Work Hours Per Criminal Division Attorney 18
Table 5 — APRI State Range of Case Processing Times 19
Table 6 — Expected Average Hours in 2018-2019 for Case Resolution 20
Table 7 - Attorney Positions Needed to Handle DCDAO's 21
Criminal Caseload 21
Issue — Insufficient Legal Staff 21
Recommendation — Insufficient Legal Staff 22
Issue — CDDA Caseload 22
Recommendation- CDDA Caseload 22
OFFICE LEADERSHIP AND MANAGEMENT 23
General 23
DA John Hummel 24
Chief Deputy District Attorneys 25
Issue — Remote Leadership 26
Recommendations — Remote Leadership 26
Issue — Management 27
Recommendations — Management 27
Issue — Morale 28
Recommendations — Morale 28
Issues — Human Resources 29
Recommendations — Human Resources 29
Issue — Policies and Procedures 29
Recommendations — Policies and Procedures 30
TEAMS 30
General 30
Person Team 31
Juvenile Unit 32
Property Team 32
Traffic Team 32
Issues —Team Structure 32
Recommendations — Team Structure 34
PROSECUTOR DIVERSION AND ALTERNATIVES TO INCARCERATION 35
General 35
Goldilocks Program 36
Veteran Intervention Strategy 36
Emerging Adult Program 37
Issues 37
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
Recommendations 38
CASE MANAGEMENT SYSTEM 38
General 38
Issues 40
Recommendations 40
OFFICE SPACE 42
General 42
Issues 42
Recommendations 42
INTAKE 43
General 43
Issues 43
Recommendations 44
TRAINING 44
General 44
Issues 45
Recommendations 45
TRIAL ASSISTANTS 46
General 46
Issues 47
Recommendations 48
VICTIM ADVOCATES 49
General 49
Issues 50
Recommendations 51
GRAND JURY 53
DISCOVERY 53
OTHER OFFICE STAFF 54
General 54
Executive Assistant 54
Administrative Supervisor 55
Public Record Requests 55
Receptionist 55
Investigators 55
Issues 56
Recommendations 56
COMMUNITY OUTREACH 56
General 56
Issues 56
Recommendations 57
POLICE 57
General 57
Issues 58
Recommendations 58
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
iv
COURTS 59
General 59
Issues 60
Recommendations 60
DEFENSE BAR 61
General 61
RECOMMENDATIONS FOR THE FUTURE 62
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
1
vervie of eschutes ounty and the
eschutes County istrict * ttorney's sffice
The Role of the Prosecutor
Over the last forty years, there has been a dramatic transformation and expansion of
prosecutors' mission, to not only vigorously prosecute criminal cases, but also to
engage in crime prevention, problem solving, and community partnerships.
Prosecutors' fundamental goal is to protect the community and ensure justice when
enforcing the law. Traditionally, a prosecutor's role was a limited and relatively passive
one - to evaluate and prosecute arrests made by the police. That role has expanded
and evolved significantly.
Modern prosecutors are problem solvers. Prosecutors are uniquely situated to
spearhead the reform of the criminal justice system. There is an urgent need for more
complex solutions that not only seek positive outcomes for victims, but also strive for
long-term solutions for preventing crime and assisting those who are entangled in the
criminal justice system. Prosecutors play a pivotal role in the criminal justice system,
making decisions and exercising discretion about whether to prosecute, whom to
prosecute, and how to prosecute. As leaders in law enforcement, modern prosecutors
can advocate for innovation, foster collaboration, and convene disparate groups to
work collectively to prevent crime, improve community relationships, and combat
inequality. (For examples of prosecution innovation, see "The Role of the Modern
Prosecutor — Spearheading Innovation", PCE. 9/2020 - Report and Interactive Map).
District Attorney John Hummel should receive great credit for encouraging this
review to assist him and his staff to realize the full potential of a modern prosecutor's
office so that his Office can provide the citizens of Deschutes County with the justice
they deserve.
The Deschutes County District Attorney's Office
Deschutes County District Attorney's Office (DCDAO) has jurisdiction over crimes
that occur within that county. The population of Deschutes County is almost 200,000
and given its reputation as one of the most beautiful places in the United States,
Deschutes is Oregon's fastest growing county. The population has tripled since 1980,
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
2
when the population was 62,000.1 The demographics of the county are: White
(87%), Hispanic or Latino (8.3%), two or more races (2.8%), Asian (1.3%), American
Indian (1.1 %), African American (.6%). 93.7% of the population has a high school
degree and 9.2% of Deschutes residents live below the poverty line.2
The DCDAO handled more than 8,000 cases per year prior to the pandemic. The
DCDAO's jurisdiction covers adult felony and misdemeanor crimes, juvenile
delinquency, and a limited number of traffic violations. The Office used to handle
civil mental illness commitments, but as of 2020, this work is done elsewhere. The
attorney general is in charge of all appeals relating to cases arising from the DCDAO.
The Office has 21 lawyers. Their work is supported by 48 additional staff made up of
administrators, investigators, victim advocates (VA), and trial assistants (TA).
Due to the growth in the county's population, the total staffing of the various
Deschutes County police departments have increased by 24 officers over the past two
years.
The DCDAO has an annual budget of approximately $8,250,000.00, plus separate
grant funding of approximately one million. Most of DCDAO's funding comes from
Deschutes County and is allocated by the Deschutes County Commissioners. The
remainder of the budget comes from state and federal grants.
The lawyers have their own union which has recently negotiated a new contract.
Their salaries are determined by a seven -step increase system that is based on
longevity. The non -legal staff is also unionized, but with a different union.
The DCDAO has shown a great willingness for introspection and improvement. In
addition to hiring PCE for this assessment, the DCDAO has earlier commissioned a
number of evaluations of the Office including:
• Internal DCDAO Staffing Analysis (2019)
• Office assessment by Prosecution Impact (2019)
• A Diversity, Equity and Inclusion Baseline Report by Allyship in Action (2021)
Though PCE has reviewed these earlier papers, the recommendations included in this
report are based solely on its own interviews and assessment of the Office.
1 US Census -
https://www.google.com/search?q=deschutes+county+oregon+population&oq=deschutes+county+oregon+populati
on&aqs=chrome..69i57j0.11879j0j 15&sourceid=chrome&ie=UTF-8
'- See US Census: 2019 - https://www.census.gov/quickfacts/deschutescountyoregon
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
3
Crime Issues
According to the Oregon Report of Criminal Offenses and Arrests,' Deschutes
County reported 4,155 index crimes' and 12,938 total crimes in 2019. Against a
population of 197,692, this averaged to a crime rate of 2,102 index crimes and 6,544
total crimes per 100,000 residents. As the table below indicates, the total crime rate in
Deschutes County fell in the middle of other counties. Although Deschutes' index
rate was higher than in most neighboring counties, the common pattern is that index
crime was more prevalent - even on a proportionate basis - in counties with larger
populations. For that matter, Deschutes saw very few serious crimes in 2019 - only 1
willful murder, 2 negligent homicides, and 11 forcible rapes among a population of
almost 200,00 residents. It is important to remember that Deschutes County, and its
seat, Bend, are popular tourist destinations, and that tourists commit 15% of the
crimes, according to the DCDAO.
Comparative Crime Rates by County, 2019
County
Population
Index
Crimes
Index per
100,000
Total Crimes
Total per
100,000
Deschutes
197,692
4,155
2,102
12,938
6,544
Crook
24,404
389
1,594
1,832
7,506
Jefferson
23,607
431
1,825
1,419
6,011
Klamath
68,238
883
1,294
2,702
3,959
Lake
7,837
96
1,224
468
5,972
Lane
382,067
10,310
2,698
29,567
7,739
Multnomah
812,855
45,247
5,566
86,627
10,657
The highest volume of serious crime involves child sex crimes, domestic violence, and
vehicular homicides. Oregon has recently legalized the possession of drugs, so the
impact of this new law has yet to be seen. Low level crimes associated with the
growing homeless population continues to be a vexing issue for the county.
3 https://wvvw.oregon.gov/osp/Docs/2019%20Annual°/o2OUCR%20Report.pdf
4 A term devised by the FBI, index crimes include eight crimes, from murder to motor vehicle theft, to serve as a
common indicator of crime patterns and rates in specific jurisdictions.
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
4
The Assess nt Project
Through a competitive process, Prosecutors' Center for Excellence (PCE) was chosen
to conduct a holistic assessment of the Deschutes County District Attorney's Office.
The contract was signed in November of 2020. The assessment has focused on
identifying issues and detailing recommendations and best practices in the following
general areas: office organization and structure, office culture and environment,
management, case processing, caseloads, and quality of work. The assessment also
includes a workload evaluation based on available data and a month of timesheets
completed by the staff. Embedded throughout this report is PCE's evaluation of the
Office and its recommendations. Though the original plan was for PCE to conduct
in -person interviews, the pandemic made that impossible.
DA Hummel has been very supportive of the office review and has provided
unfettered access to staff and data. He has demonstrated a willingness to study,
adjust, and improve the Office. Throughout the process, the District Attorney and
his senior staff have welcomed input from PCE.
The Assessment Team
PCE is a national non-profit that works with prosecutors in offices of all sizes to
improve the criminal justice system. PCE provides consulting services to prosecutors
on a wide variety of issues from policy issues to office efficiency. PCE also supports
statewide prosecutor -led Best Practices Committees and national prosecutor meetings
that proactively work to develop responses to the difficult criminal justice issues of
the day. PCE's executive director, Kristine Hamann, led the assessment team.
Kristine Hamann: PCE was founded by Kristine Hamann, who previously served as
a career prosecutor in the Manhattan District Attorney's Office in New York City. As
a member of the Office's Executive Staff, among many other duties, she oversaw the
Planning and Management Unit that worked to enhance and streamline the Office. In
2013, Ms. Hamann was selected to be a Visiting Fellow at the Department of
Justice/Bureau of Justice Assistance. The goal of the fellowship was focused on
developing best practices for prosecutors. PCE has continued and expanded upon
this mission. Ms. Hamann has traveled to over 30 states to meet with prosecutors as
a consultant on prosecution issues, to present on various emerging issues, and to
encourage the development of statewide Best Practices Committees for prosecutors.
Ms. Hamann regularly publishes articles on prosecution topics. Ms. Hamann is an
Adjunct Professor at Georgetown Law School and has received numerous awards for
her work as a prosecutor. See also https://pccinc.org/team/kristine-hamann/
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
5
Jon Gould: The PCE team was supplemented by Jon Gould, Foundation Professor
of Criminology, Justice and Law and Director of the School of Criminology and
Criminal Justice at Arizona State University, the second record school of its kind in
the United States. Previously, he was Professor of Public Affairs and Law and
inaugural director of the Washington Institute for Public Affairs Research at
American University. An author of four books and more than fifty articles on issues
of justice policy and reform, he has also served as Senior Policy Advisor in the U.S.
Department of Justice, Director of the Law and Social Sciences Program at the
National Science Foundation, and a U.S. Supreme Court Fellow. Over the last twenty
years, Professor Gould has conducted numerous assessments of the courts, defense
and prosecutors and has led research projects on a variety of prosecution -related
topics. See also, https://pceinc.org/team/jon-gould/
Assessment ethodology
The PCE team combines data analysis with qualitative interviews. The PCE team
interviewed individuals from inside and outside the DCDAO. Because of the
pandemic, PCE was unable to follow its normal protocol of observing the DCDAO
staff at work and in court. PCE conducted all of its interviews through Zoom,
reviewed relevant materials, and collected data in a variety of formats.
The DCDAO has been accessible and helpful throughout the assessment. DCDAO
staff arranged meetings that the PCE team sought, promptly replied to data requests,
and made themselves available to answer multiple questions from the assessment
team. They also kept an appropriate professional distance, allowing the assessment
team to reach its own conclusions and never sought to improperly influence these
conclusions. Indeed, the DCDAO's willingness to allow access to its operations and
assist the PCE team without seeking to direct the outcome was an important sign of
professionalism.
Persons interviewec
Through Zoom calls, PCE interviewed 45 individuals connected to the Deschutes
County criminal justice system. Some individuals were interviewed more than once.
In order to encourage candidness and clarity in meetings and interviews, PCE
promised anonymity to those individuals it interviewed and did not interview people
at the same time as their supervisors. Almost all interviewees were interviewed by
PCE alone and without any DCDAO colleagues. PCE does not quote from
interviewees in this report, in order to protect the identity of prosecutors, police
officers, judges, and community members. The interviews included:
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
6
• DA John Hummel
• Deschutes County Commissioners
• Chief Deputy District Attorneys
• DCDAO Attorneys
• DCDAO Trial Assistants
• DCDAO Victim Advocates
• Other members of DCDAO non -legal staff
• Judges
• Public Defender
• Law enforcement officers from the Sheriff's Department, Bend Police
Department and Redmond Police Department
• Treatment Provider
Data
PCE thanks the DCDAO for providing data on overall caseloads, including a
breakdown of cases by type and year. The DCDAO also shared comparative case
data from neighboring counties from 2018. All of this information was instrumental
to the analysis. Collectively, these data show growing caseloads in the DCDAO prior
to the pandemic and a workload for attorneys and trial assistants that exceeds
professional standards.
Time Stucy
In addition, PCE conducted a time study and case weighting analysis. With assistance
of DCDAO staff, and with the cooperation of attorneys, trial assistances, and victim
advocates, PCE asked personnel to record their work hours over the course of 24
days in the first months of 2021. Adjusting for those employees on part-time or
temporary contracts, PCE was able to create average daily and weekly estimates for
total hours recorded and total hours worked (subtracting time spent at lunch and on
breaks).
Although useful, this methodology comes with some limitations. Most notably, arrests
— and, thus, office caseloads and activity — were compressed by the Coronavirus
pandemic. As PCE explains later in the report, the County and the DCDAO need to
be prepared for an uptick of at least 15% in caseloads and office responsibilities when
the pandemic ends. In addition, PCE is aware that attorneys and staff conduct
multiple tasks in the course of an hour. Rather than requesting personnel to track
their time minute -by -minute, the time study asked them to list their most prevalent
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
activity in a 15-minute time slot. Even with these limitations, the results were quite
instructive and help to support the recommendations in this report.
Prosecutors' Center for Excellence
7
Assessment of the Deschutes County District
Attorney's Office
x
cutive u
8
Role anc Resaonsiailities
The Deschutes County District Attorney's Office is a modern office handling a
number of traditional prosecution duties while undertaking several novel initiatives.
These multiple roles create staffing and resource challenges, which are further stressed
by the impact of the pandemic. PCE believes the DCDAO has admirable aims and
can provide even better service with the implementation of the following
recommendations.
Insufficient Legal Staff
PCE urges Deschutes County to rectify the DCDAO's staffing deficit with new
positions. Although PCE's case weighting analysis suggests that the DCDAO may be
short up to four attorney positions, PCE recognizes that the County has limited
reserves and may find it difficult to dedicate this level of new resources to the
DCDAO at the present time. For this reason, and since PCE is recommending
additional support staff in other areas, PCE urges, at a minimum, that the County
provide the DCDAO with two additional attorneys and two new trial assistant
positions as soon as possible. Further additions to staff should be considered going
forward as the impact of the backlog and the County's growing population is more
fully understood.
As part of caseloads, PCE recommends that the Chief Deputy District Attorneys
(CDDAs) not carry a caseload so they can focus on managing the DCDAO.
L.eaderslia anc Management
Staff at all levels, both legal and non -legal, report that the DA is remote from the day-
to-day operations of the Office, even as several note that his management style is an
improvement over his predecessor. To improve relations within the Office, the DA
should walk through the Office on a regular basis; meet with staff to explain his
decisions and new initiatives; and reduce the workload of the CDDAs.
The DA should also take a lead in improving the management structure by clarifying
the roles of the CDDAs, installing team leaders as supervisors, providing management
training for anyone with supervisory responsibilities, and using data metrics to track
workflow. He should also address problems in office morale by engaging employees
as they return to the office following the pandemic. There are a variety of activities
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
that would assist, including lunches with supervisors, shadowing opportunities, social
activities, and recognition efforts to thank lawyers and staff for their dedication and
work.
Human resources
To support office management and staff, the DCDAO should hire an HR
professional, even if it is part-time or as a consultant. This person can address HR
issues in the office and assist with tasks such as leave, payroll, employee disputes, and
discipline. The HR professional can also help with developing job descriptions, job
classifications and formal management protocols for the Office, including annual
written evaluations. This person can take over HR tasks from the CDDAs.
Policies and Procecures
The DCDAO should review its existing policies to verify currency and insure that
they are posted for all attorneys and staff to access. In addition, the DCDAO should
consider new policies on plea bargaining for the first arrest of defendants, lawyer
contact with witnesses, the review of digital evidence prior to charging, and
employees' use of social media.
-reams
Rather than a division of attorneys and staff between three teams covering person,
property and traffic crimes, PCE recommends that the DCDAO create two equally
divided trial teams that handle all cases and that include attorneys and trial assistants
with a mix of experience. Each team should have at least one supervisor, responsible
for assigning new cases to the lawyers on their team and able to monitor caseloads
and case status through the Office's case management system. Team leaders would
also be responsible for convening regular meetings within their team to discuss cases,
policies, or issues, and would prepare annual evaluations for all team members. In
turn, team leaders would meet regularly with the CDDAs and the DA to convey
information back -and -forth.
Case Management System
Since 2018, the Office has used Prosecutors by Karpel (PbK), a modern case
management system, administered by knowledgeable IT staff. However, the Office
needs additional IT staff, or a consultant who can bring DCDAO's data collection
and PbK to its full potential and create greater efficiencies. Within the IT staff, one
person should serve as the supervisor, reporting to the CDDAs rather than the DA.
Prosecutors' Center for Excellence
9
Assessment of the Deschutes County District
Attorney's Office
10
Protocols are needed for data entry and auditing, which should be done by support
staff, not attorneys.
The Office's goal should be "paperless" operations, which requires new computer
equipment and required training for staff and, most importantly, direct connectivity
with law enforcement agencies and the courts. There is much more the DCDAO can
do with PbK, including management reports, victim notification, discovery, and the
flagging of any problematic police officers.
Office Soace
The DCDAO needs more space for staff. Within the current office, the seating
arrangement should be rearranged to permit the members of each team to sit near one
another and collaborate more easily. In addition, the DSCDAO should craft a "Work
at Home" policy that permits employees greater flexibility in where they complete
their tasks. The pandemic has already shown this to be possible, and greater flexibility
will increase morale.
Prosecutor Diversion anc A ternatives to Incarceration
The DCDA has a laudable commitment to increased diversion and treatment. To fully
implement these measures, the Office requires a full-time staff member to handle
diversion, and all staff need more training on the policies and procedures underlying
the treatment programs. The Office should use PbK to track the outcomes from
these programs and work with researchers to study the effectiveness of initiatives.
Intake
The Office reviews new arrests each morning to help determine which cases should
be weeded out of the system early. This saves time and money for all involved. To do
so even more effectively, the DCDAO should work with the relevant police
departments to automatically import relevant paperwork and data into PbK. The
process will be aided by an additional trial assistant at the intake process who can
review digital evidence, as well as the reassignment of low-level charging to a trial
assistant or law student. Charging out -of -custody cases can be assigned to a part-time
attorney, perhaps one working remotely.
Training
The DCDAO recognizes the importance of training. To further these goals, the
Office should designate an experienced lawyer and a staff member as the respective
training coordinators for each group, who would then lead regular training programs
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
11
for employees, especially those recently hired. Case roundtables and training on grand
jury procedures and new office initiatives should be priorities. In addition, supervisors
should provide attorneys feedback on trial advocacy.
Trial Assistants
The DCDAO has an excellent system of assigning one Trial Assistant (TA) to almost
every attorney. This approach provides efficiencies and savings to the Office by
reducing the amount of non -legal work done by the prosecutors. The TAs would
benefit from additional training, both on the criminal justice system and the tasks
associated with paralegals, but they should not be expected to take on the duties of
victim advocates. Some of the TAs show aptitude in crime analysis, which, with
additional training, they might be able to perform for the Office. In addition, they can
be trained to record events in the courtroom and audit data in PbK.
Victim Acvocates
The DCDAO's victim advocates (VAs) handle the voluminous statutory requirements
for victim notification as well as obtaining information needed for restitution claims.
The Office needs to replace the VA who left, and ideally add another individual who
has clinical or social work experience. In addition, the DCDAO should develop a plan
for how VAs can reach out to witnesses who are not victims and create a standard set
of questions for obtaining victims' contact information. It is possible to automate
some of the VAs' work, for which training is needed. This would leave more time for
the VAs to reach out to local service providers. Attorneys would benefit from
additional education about the roles of the VAs, and the Office should designate a
restitution coordinator on the legal staff to work with the victim advocates and trial
assistants.
Other Staff
The DCDAO needs to define the roles and classifications of other staff and cross -
train employees to maximize efficiencies.
Community Outreach
Although the DA is frequently in the news and provides information to the
community in this fashion, the Office does not have a consistent community outreach
strategy. The DA and his team can do more to keep the community involved with,
and aware of, the Office's operations. Such measures include the creation of a
Community Advisory Board, open forum meetings, youth and adult education
programs, a multi -disciplinary approach to repeat offenders, and an improved website.
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
12
Law Enforcement
The DCDAO works well with the Sheriff's Office and the five police departments in
the County. Given its position at the hub of these departments, the DCDAO can
assist law enforcement by creating a centralized data collection system to identify and
analyze crime trends. The Office can also collaborate with law enforcement in
addressing novel issues or crime trends, like homelessness or the legalization of drugs,
and in coordinating the release of any investigative information as part of a case.
Courts
The courts in Deschutes County are understaffed and have been for some time. This
creates serious challenges for the DCDAO in scheduling trials and obtaining warrants,
especially since much of the courts' work has been done remotely during the
pandemic with accompanying struggles in technology.
The entire Deschutes County criminal justice system depends on more judges and
more space to house them. Even with these additions, the DCDAO should work with
the local public defender and the bench to advocate for improved scheduling of trials
and to work through logistical issues in the handling of cases. The pandemic has
revealed many new methods for appearing in court, the lessons for which should be
adopted going forward.
Defense Bar
Although prosecutors and defense lawyers are naturally opponents in court, they face
many of the same challenges at work, including heightened caseloads and an
understaffed judiciary. The two should find common cause in working to improve the
criminal justice system in Deschutes County.
Moving Forwarc
Implementing the recommendations in this report will take time, planning and
creativity. However, doing so should yield results that will improve the Office, create
efficiencies, and allow for further evolution of the DCDAO. PCE is available to
continue the work with the DCDAO on these initiatives.
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
13
Issu s an 'eco en•ations
Caseloads and Time Study
General
Before reviewing PCE's findings on caseloads, it is important to put the work of the
DCDAO into context. The DCDAO has a broad array of tasks which are performed
by their prosecutors. As part of the DCDAO culture, the legal supervisors carry a
caseload and participate in many of the tasks described below.
Fundamentally, the Office pursues the traditional role of a prosecutor which is to
evaluate evidence of a crime, bring charges against an accused, and dispose of a case
through plea bargaining or trial. With the advent of improved forms of evidence and
science, this work has become more complex and time consuming as prosecutors now
have to understand and review digital evidence (body worn camera footage,
surveillance videos, downloads from computer and phones, cell phone triangulation),
sophisticated forensic evidence (DNA, ballistics and pattern matching) and medical
diagnoses (mental illness, drug abuse, and trauma).
In addition to the traditional work of a prosecutor, the DCDAO has many other
tasks, they include:
• Advising the police and reviewing search warrants
• Expungement and sealing of old criminal convictions
• Responding to public records requests
• Providing restitution to victims
• Overseeing alternatives to sentencing, such as the Veteran's Program
• Developing new initiatives, such as the Emerging Adult Program
• Participating in community outreach and education programs
• Attending trainings and keeping up on legal developments
• Participating in Multi -Disciplinary Committees. The committees include:
o DV child witness project which is focused on obtaining forensic interviews of
children who witness DV
o DV Deferred Sentencing Program in as part of a specialty court program
o Child Abuse Multi -Disciplinary Team
o Elder Abuse Multi -Disciplinary Team
o Sexual Assault Response Team
o DV Council
o Adult Threat Assessment Team
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
14
o Juvenile Threat Assessment Team
o Commercial sexual exploitation of Children Task Force
o Safe Schools Alliance
Impact of the Pandemic
PCE's assessment was conducted almost a year after the on -set of the pandemic and
many consequences of this extraordinary time must be taken into account. The
pandemic has had a number of impacts on caseloads:
• Arrests: Police have made less low-level arrests for various reasons; this has
temporarily reduced caseloads.
• Backlog of Trials: There have been far fewer trials in the last year, so PCE's
January time study does not include the time-consuming process of preparing for a
trial and trying the case. The number of cases waiting to be tried is rapidly
increasing.
• Backlog of Warrants: There is a growing backlog of 700 —1,000 cases awaiting
the issuance of a warrant by a judge for non -custodial arrestees who have not
appeared for their court date. This number is extremely high. The judges have
not been issuing the warrants to avoid overcrowding the jails and their dockets
during the pandemic. As the pandemic is easing, the DCDAO is requesting that
the judges resume issuing warrants, particularly with respect to cases where the
statute of limitations may run. Once the pandemic lifts, this will create an
avalanche of cases that will add to the caseloads.
DCDAO's Caseloac
There are multiple ways to weigh the caseload for the DCDAO: the total number of
cases reviewed by the Office in a given year; the number of cases filed; the number of
criminal cases reviewed; the number of criminal cases filed; or a subset of the most
serious criminal cases, felonies, considering either the total number reviewed or those
that are filed. Table 1 below reflects those numbers as provided to PCE by the
DCDAO.
At the broadest level, the Office reviewed 8,254 cases in 2018 and 8,064 cases in 2019.
Based on its attorneys' discretion, the DCDAO filed 5,213 cases in 2018 and 5,369
cases in 2019. To the lay reader, it may appear that the DCDAO's declination rate is
relatively high, with prosecutors declining to prosecute upwards of 30% of matters
referred by authorities. However, this reflects the appropriate application of
prosecutorial discretion to weed out those cases in which evidence is missing,
unavailable, or inadequate, or where other problems in the case preclude prosecution.
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Assessment of the Deschutes County District
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Table 1— DCDAO Caseloads 2018-2020
Year
Total
Reviewed
Total
Filed
Criminal
Reviewed
Criminal
Filed
Felony
Reviewed
Felony
Filed
2018
8,254
5,213
6,997
4,793
1,860
1,295
2019
8,064
5,369
7,030
5,150
1,869
1,394
2020
7,011
3,859
5,827
3,636
1,726
1,129
2020 vs.
2018-2019
86%
73%
83%
73%
93%
84%
As described above, the DCDAO handles other types of matters besides criminal
cases, although criminal matters represent the vast majority of matters reviewed and
filed. On average, criminal cases comprised 85% of all cases reviewed in 2018-2020
and 93% of those filed. Among criminal matters, felonies were 27% of cases
reviewed and 28% of filings.
The pandemic had a significant effect on the DCDAO's caseload, reducing total cases
reviewed in 2020 by 14% over 2018-2019 levels and total filings by 27%. The effect
was not as significant among felony matters, however, which averaged 93% of
previous levels in cases reviewed and 84% among filings. Still, it is unmistakable that
the DCDAO was presented and litigated many fewer cases in 2020 — as this review
was undertaken — than in the years immediately preceding. Early data from 2021
suggest that caseloads in the present year are on pace to be similar to, or less than,
those in 2020 should the pandemic continue to have similar effects.
Comparative Caseloads
It is worth comparing the caseload in Deschutes to surrounding counties. Although
PCE does not have data from those counties from 2019 and 2020, the DCDAO
produced a caseload comparison in 2018. In that year, the Office reported 8,273
referred cases. Although PCE prefers to use the number of cases actually reviewed —
8,254 — the numbers are so similar that the comparison is relevant. As Table 2 below
indicates, the DCDAO's caseload was 26% higher than that of neighboring counties.
More importantly, the average number of cases per deputy district attorney was 16%
greater than in other counties.' The Deschutes County District Attorney's Office is
5 PCE notes that the DCDAO computed average caseloads of permanent DDAs only. However, since this approach
was consistent across all of the neighboring counties, the DCDAO's comparison is relevant. PCE also dropped Jackson
County from this analysis, because its average caseload per DDA of 590 is outrageously high and should not be
considered an appropriate comparison.
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Assessment of the Deschutes County District
Attorney's Office
16
not only handling more cases per year than many of its neighbors, but its prosecutors
face a higher caseload than do their colleagues in other offices nearby.
Table 2 — Comparison of County Caseloads (2018)
County
DDAs
Referred Cases
Cases per DDA
Marion
26.5
10,500
396
Clackamas
31
9,770
315
Deschutes
20
8,273
414
Lane
29
6,626
228
Klamath
8
3,698
462
Clatsop
6
2,352
392
Jefferson
4
1,161
290
Average
17.78
6,054
357
Hours Worked by DCDAO Attorneys and Staff
Given that the DCDAO's caseloads are running behind those handled by the Office
in 2018 and 2019, PCE is concerned to find that prosecutors and trial assistants are
already working more than full-time hours and victim advocates are working at nearly
full capacity. To reach this assessment, PCE asked attorneys and staff to record their
work hours over the course of 24 days in the first months of 2021. Adjusting for
those employees on part-time or temporary contracts, PCE was able to create average
daily and weekly estimates for total hours recorded and total hours worked
(subtracting time spent at lunch and on breaks).
As the results in Table 3 below indicate, prosecutors have been engaged at the
DCDAO an average of 8.7 hours per day or 43.6 hours per week. Removing time
spent at lunch or on breaks, this averages to 8.4 hours per day of work activities and
42.4 hours per week. Trial assistants recorded similar working hours — 8.4 per day
and 42 per week — although their total recorded time was higher, suggesting they are
taking their allowed lunches and breaks. By comparison, victim advocates recorded
lower total and working hours than both groups.
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
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Table 3 — Average Hours Worked by DCDAO Attorneys and Staff
Category of
Employees
Average Daily
Hours
Recorded
Average Daily
Hours Worked
Average
Weekly Hours
Recorded
Average
Weekly
Hours
Worked
Attorneys
8.7
8.4
43.6
42.4
Trial Assistants
9.7
8.4
48.5
42
Victim
Advocates
7.9
7.4
39.7
36.8
According to DCDAO leadership, attorneys and staff are expected to be engaged in
the workplace for nine hours per day during the workweek, of which upwards of 90
minutes is permitted for lunches and breaks. As salaried employees, attorneys
sometimes work longer hours — and often do when engaged in a trial — but, overall,
"the work month is 172.67 hours when pay is calculated," explained a senior leader in
the Office. Put another way, the average number of expected work hours per week is
39.84, or approximately 40.E
Comparing the figures in Table 3 against the expected weekly work hours, it is evident
that prosecutors and trial assistants are working five percent more hours than
expected or contracted. This may not seem like a significant difference, but when
multiplied by the total number of full-time attorneys and staff engaged in these tasks,
the DCDAO team is working an extra, uncompensated 38.8 hours per week for both
prosecutors and trial assistants. That is roughly the equivalent of an additional full-
time prosecutor and full-time trial assistant to handle the existing work.
Moreover, the time records come from early 2021, when the DCDAO's caseload was
approximately 15% lower than in 2018 and 2019 because of the Coronavirus.
Presuming that caseloads return to pre -pandemic levels later in 2021 or 2022, the
DCDAO will have to "do more with less," as its attorneys and trial assistants are
already working more than full-time hours. Without additional hiring, the DCDAO's
staff might become understandably exhausted or even disillusioned by the expectation
that they should be, essentially, providing pro bono service to their employer, the
County.
6 This figure is computed by multiplying the hours in a "work month" by 12 to reach an annual figure and then dividing
by 52 weeks in a year.
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Assessment of the Deschutes County District
Attorney's Office
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Of course, the fact that prosecutors and trial assistants are working more than 40
hours per week still holds open the question of how effectively and efficiently they are
using their time. This evaluation finds that those attorneys are cost-effective. Their
time records show no signs of obvious inefficiency or waste, and, in fact, the
DCDAO has engaged in novel prosecution techniques that may over time save the
County money and improve the safety of the community. Discussed elsewhere in this
report, the DCDAO's support of alternative dispositions means that that the
DCDAO's attorneys and staff must become immersed in the facts and details of cases
and engaged with law enforcement agencies, victims, the court, social service agencies,
and even the public defender's office to resolve cases in ways that minimize
recidivism and more fully meet the needs of victims.
Case -weighting Analysis
To further evaluate the DCDAO's staffing needs, PCE conducted a modified case
weighting analysis of the attorneys' time and caseloads for criminal matters. To be
clear, this analysis is an approximation and is not the primary basis on which PCE
recommends additional hiring. Among other things, it examines only criminal
caseloads, for which there are appropriate comparative standards. But as a
supplement to PCE's other analyses, it provides additional support for PCE's staffing
recommendations.
Based on the time keeping that attorneys performed during the study period, PCE
estimates that each prosecutor has 1,592.82 available work hours each year to dedicate
to case processing. This number begins with an anticipated 2,072 total possible hours
each year (52 weeks x 39.84 hours/week) and subtracts average vacation time,
personal leave, and holidays (24 hours per month) — all provided by contract — as well
as any time spent on staff meetings and administrative tasks. Indeed, the time keeping
suggests that prosecutors only spend 3.68 hours per week — which multiplies to
191.36 hours per year — on administrative tasks and meetings. This is an astonishingly
efficient rate, leaving 92 percent of each workday for substantive duties. Table 4
below summarizes these numbers.
Table 4 —Annual Work Hours Per Criminal Division Attorney
Annual Total Annual Leave Annual Net Annual
Work Hours Hours Administrative Work Hours
Hours
2,072 288 191.82
Prosecutors' Center for Excellence
1,592.82
Assessment of the Deschutes County District
Attorney's Office
19
A case weighting analysis seeks to estimate how many attorneys an office requires to
handle a given number of cases. In the case of the DCDAO, PCE conducted its
estimate using case data provided by the DCDAO for 2018 and 2019. Taking an
average of both years, the DCDAO reviewed 1,864 potential felonies and 4,945
potential misdemeanor cases annually. These numbers are necessarily different from
the number of cases prosecuted by the DCDAO, for part of a prosecutor's job is to
triage incoming cases to determine which ones require additional investigation, which
are candidates for diversion, which must be dismissed, and which should be charged
and prosecuted.
These decisions are not known at the time a law enforcement agency forwards a
potential case to the DCDAO, so an average amount of time must be computed to
reflect the level of attorney effort required to handle a "typical" case. By necessity,
some cases will take only a few hours, as prosecutors weigh the available evidence and
recommend a plea that the defendant quickly accepts, whereas others will involve a
complicated trial that takes months to resolve.
When the American Prosecutors Research Institute (APRI) published its Workload
Assessment Project in 2002 titled, How Many Cases Should a Prosecutor Handle? it noted a
significant range among states in the amount of time that prosecutors spent on each
case. These figures are indicated below in Table 5. Among felonies, the low was 7.1
hours per case and the high was 16.5 hours per case. For misdemeanors, the low was
3 hours per case and the high was 5.8 hours per case. Ideally, APRI would have
broken down these estimates further by task — for example, X hours spent on
investigation and charging, Y hours spent on plea bargaining — reflective of the fact
that an incoming case may be resolved in multiple ways with certain tasks relevant in
particular circumstances and not in others. (E.g., by definition, a prosecutor would
spend no time preparing a witness for trial if the defendant were to plead guilty
shortly after charging) Still, these estimates provide a basis for PCE to conduct a
rough analysis.
State
State A
State B
State C
State D
Table 5 — APRI State Range of Case Processing Times
(APRI used monikers for the representative states)
Average Felony Average Misdemeanor
Processing Time Processing Time
16.5 5.8
11.4 4.9
10.1 4.3
9 4.3
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Assessment of the Deschutes County District
Attorney's Office
20
State E 7.5 3.6
State F 7.1 3.0
Median 9.5 4.3
For purposes of this evaluation, PCE has used the state medians in the APRI study of
9.5 hours per felony and 4.3 hours per misdemeanor. These are especially
conservative estimates. The APRI study was conducted 15 years ago at a time when
time consuming digital evidence was less available and prosecutors nationwide had
not yet begun to devote additional time to diversion programs, specialty courts, and
significant victim outreach. Today, prosecutors undoubtedly spend more time per
case than APRI found, meaning that the current national averages would be higher
than 9.5 hours per felony and 4.3 hours per misdemeanor used in this evaluation. So,
PCE would have been justified in using higher time estimates than the APRI median
figures. Still, to forestall any objections, PCE's analysis will rely on those figures that
have previously been established.
Besides felonies and misdemeanors, the DCDAO reviewed an average 204
delinquency cases annually in 2018-2019. For purposes of this analysis, PCE estimates
these cases required as much attorney time as a misdemeanor, in several
circumstances even more. As such, PCE believes it is a conservative estimate to
assign these cases the 4.3 hours of a misdemeanor prosecution.
Based on all these data, PCE estimates that in 2018 or 2019, the DCDAO ought to
have spent 39,848 hours processing the criminal cases it reviewed. Table 6 below
summarizes these calculations. Given the average 1,864 potential felony cases it
received, the DCDAO would have been expected to spend 17,708 hours processing
those cases. Similarly, the DCDAO might have spent 21,263 hours processing the
4,945 misdemeanor cases and 877 hours handling the 204 delinquency cases.
Table 6 — Expected Average Hours in 2018-2019 for Case Resolution
Case Type # Cases
Felonies 1,864
Misdemeanors 4,945
Delinquency 204
Total 7,013
Prosecutors' Center for Excellence
APRI 2002
Average
Hours/Case
9.5_
4.3
4.3
Expected Hours
17,708
21,263
877
39,848
Assessment of the Deschutes County District
Attorney's Office
21
To determine the number of attorney positions a prosecutor's office should employ
to handle the DCDAO's caseload, the total expected hours in Table 6 (39,848) is
divided by the number of available attorney work hours in Table 4 (1,592.82). The
result is 25 attorney positions needed to have handled the DCAO's annual 2018 and
2019 criminal caseload.
Table 7 - Attorney Positions Needed to Handle DCDAO's
Criminal Caseload
TOTAL CASE HOURS ± A'1`1'ORNEY HOURS = NUMBER OF ATTORNEYS
39,848 1,592.82 25.01
The result is significantly more positions than the number of attorneys currently
employed by the DCDAO, whether or not managers or attorneys with part-time
caseloads are included. PCE reiterates that this case weighting analysis is a rough
estimate and is only an auxiliary finding on which PCE bases its recommendation for
additional positions in the DCDAO, but it is important to recognize what the
caseload analysis indicates. Examining only criminal matters, the DCDAO is covering
cases with significantly fewer attorneys than professional standards would
recommend. And this analysis does not even consider the many other responsibilities
(as described above) that DCDAO attorneys oversee. Those responsibilities take
away from the time they can devote to criminal cases, which already must receive less
attorney time per case than professional standards suggest.
Issue — Insufficient Legal Staff
With 21 attorneys and 48 support staff, the Office would be considered medium-sized
as against other prosecutor's offices nationwide. Though at first blush, the DCDAO
might appear to be sufficiently staffed, attorneys and staff are working at greater than
capacity, with caseloads only to increase as the pandemic comes to an end. The
Office, commendably, is engaged in diversion programs — all of which are likely to
improve lives and save resources — but these efforts can be as time consuming as
other criminal matters. In handling large caseloads, the DCDAO is unable to devote
sufficient time to each case, or to provide needed supervision and training. The result
is that lawyers and staff in the Office are fully engaged and the need for additional
support is acute.
Two additional factors will influence the need for more staff: the backlog of cases
due to the pandemic and the increased number of officers in Deschutes County police
departments. As the Deschutes County population continues to increase, 24 new
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Assessment of the Deschutes County District
Attorney's Office
22
officers have been added to the county's police departments in the last two years.
This will increase the number of arrests and put additional strain on the DCDAO.
It should be noted that the caseload analysis assumes that all the lawyers carry an
equal caseload, however, this is not prudent. As recommended in the section below
on team structure, DCADO's leadership should not have a caseload and instead needs
to focus on supervision and training in order to run a professional office. In addition
to hiring more attorneys, the DCDAO needs a similar number of TAs to support the
attorney's work. This is fiscally prudent as the lawyer's time is not spent on tasks that
can be competently performed by a TA.
Without additional staff, Deschutes County and the DCDAO face a risk in continuing
the practice of "doing more with less" with their current staffing. Not only does this
approach threaten the continued productivity of the DCDAO's operations, but it
denies victims, the community, and the accused the quality justice they deserve.
Recommendation — Insufficient Legal Staff
PCE urges Deschutes County to rectify its staffing deficit and provide the District
Attorney's Office with new positions. Although the case weighting analysis suggests
that the DCDAO may be short up to four attorney positions, PCE recognizes that the
County has limited reserves and may find it difficult to dedicate this level of new
resources to the DCDAO at the present time. For this reason, and since PCE is
recommending additional support staff in other areas, PCE recommends, at a
minimum, that the County provide the DCDAO with two additional attorneys and
two new trial assistant positions as soon as possible. Further additions to staff should
be considered going forward as the impact of the backlog and Deschutes County
growing population is more filly understood.
Issue — CDDA Caseload
The DCDAO have two talented, experienced and well -respected CDDAs. However,
they both carry a caseload that distracts them from the duties of running a modern
prosecutor office. Though their caseloads have been reduced somewhat, their cases
continue to restrict the time they have to mentor younger staff, manage the Office,
develop policies, oversee new initiatives and reach out to the community. Also, if the
DA choses to implement the recommendations of this report, the CDDAs will need
to focus on these changes so they are properly implemented and accepted by the staff.
Recommendation- CDDA Caseload
PCE recommends that the CDDAs do not carry a caseload so they can focus on
managing the DCDAO. If the Office receives a highly complex and serious case it
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
u
Department Head
Management
Represented by AFSCME
Represented by Deschutes County
Confidential Employee
•District Attorney is funded by State (80%) and
Deschutes County (20%)
23
may require the skillset of the CDDAs, however, their focus should be on managing
and improving the Office.
Office Leadership and Management
General
The office leadership consists of the District Attorney (DA) and two Chief Deputy
District Attorneys (CDDAs), as well as non -legal staff supervisors who all report
directly to the DA. The organizational chart is below.
Executive Assistant
1.00 FTE
Investigator
2.00 FTE
Citizens of
Deschutes County
Management
Analyst
.60 FTE
Deputy District
Attorney's
21.00 FTE
The DA and the CDDAs are generally well -liked and conduct themselves in a
professional manner. However, their management style, particularly the DA, can
seem remote to the staff. Management of an office has a significant impact on
morale. High morale leads to job satisfaction, collaborative work, and the willingness
to go the extra mile. Low morale breeds resentments, undermines a collegial work
environment, and results in high turn -over of staff. The DCDAO has the benefit of a
beautiful location and legal jobs that pay well with good benefits; thus, salary and
location are unlikely to be the cause of low morale. The staff generally likes one
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
24
another, and most hold their immediate supervisors in high regard. Nevertheless,
some staff report low morale and over the last year or two, about 35% of the lawyers
have left the Office. This is a high turn -over rate.
The DCDAO does not have a HR position and instead the Office relies on the
county's HR department for advice on HR issues. For day-to-day HR issues, the
CDDAs and other DCDAO supervisors serve that function.
The DCDAO has a number of written procedures and policy manuals including some
of which were recently written. In addition, the DCDAO has designated a prosecutor
to assist with updating the manuals and procedures which are on the DCDAO
intranet so they can be updated easily and regularly as amendments become necessary.
Existing documents include:
• DCDAO Policy Manual (10/2020 - 42 pages)
• Public Records Request Procedures (2 pages)
• Trial Assistant Policy and Procedure Manual (331 pages)
• Grand Jury Policy and Procedure Manual (80 pages)
Prosecutor wellness is a relatively new concept that recognizes that prosecutors and
their staff can be under increased stress from their work, particularly for those that
handle difficult cases, such as child sex abuse, homicide, and domestic violence. To
its credit, the Office has created a vicarious trauma team that has sponsored a weekly
yoga/mindfulness class (on Zoom since the pandemic) and offered weekly meditation
classes. The Office has also sponsored some team building exercises.
DA John F--lummel
DA Hummel was elected Deschutes County District Attorney in 2014 and re-elected
in 2018. He is turning the DCDAO into a modern prosecutor's office that has a
broader view of how to serve and benefit the community he serves. This approach
includes offering treatment and diversion to deserving candidates and working on
initiatives to prevent crime. This philosophy was new to some of the members of the
Office that pre -dated his arrival, but the Office has embraced the new ideas in large
measure. These are needed and welcomed initiatives.
DA Hummel has a difficult, busy, and multi -faceted job. The duties of the DA
include:
• Communicating directly to public, media, and community partners about
prosecution -related issues.
• Working with elected officials on issues of public safety, budget, and policy.
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Assessment of the Deschutes County District
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25
• Supervising the office staff.
• Overseeing prosecutions.
• Setting policy for the Office.
• Reviewing Deschutes County Death Investigation referred by law enforcement
and investigating officer involved shootings and other inter -agency criminal
matters.
• Collaborating with outside agencies on issues such as drug treatment and mental
health.
• Participating in various countywide, multi -disciplinary meetings.
• Leading the DeschutesSafe program.
• Deciding Public Records Appeals made by the public.
Chief Deputy District Attorneys
The DCDAO has two Chief Deputy District Attorneys (CDDA) who are highly
experienced and universally well -respected prosecutors. They have a reputation for
fairness and integrity, as well as being known as excellent trial lawyers. They have
both been in the DCDAO for more than 20 years. They share a wide variety of
responsibilities and can cover for each other in every role, however, there are some
areas that fall more to one CDDA than the other. There is a culture in the Office that
all lawyers, including the CDDAs, should carry a caseload.
The tasks of the CDDA include:
• Supervising all legal staff
• Approving major plea and case decisions
• Carrying a caseload, including murder investigations
• Assessing and upgrading the Office's Case Management System
• Handling human resource issues, including discipline, office disputes, and leave
requests
• Scheduling lawyers to various court and grand jury assignments
• Serving as a liaison with the courts
• Serving as a liaison with the police
• Providing on -call advice for police
• Writing grants
• Overseeing the development of new office initiatives
• Developing an office plan for addressing the pandemic
• Traveling to other prosecutor offices to gather ideas for new initiatives
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• Training new lawyers and developing training programs for the legal staff
• Coaching staff members who are struggling with performance
• Providing orientation for grand jurors
• Supervising and reviewing intake of cases from the police
• Assignment of cases to lawyers for review and charging
• Updating the lawyers on the law
• Resolving ethics issues, including ethics issues regarding police officers
• Working as a Special United States Attorney
Issue -- Remote Leadership
Staff at all levels, both legal and non -legal, report that the DA is remote from the day-
to-day operations of the Office. Though the role of any elected District Attorney is
to interact with outside stakeholders and the press, a positive connection with staff is
also critical. Compounding the remoteness of the DA is the frequent unavailability of
CDDAs who are very busy and often have their doors shut during the day. So,
though senior management will tell the staff that they are open to meetings for advice,
concerns, and suggestions, some staff are reluctant to approach senior management as
they feel that this openness is not genuine and that they will not be heard.
A few recent events have led some to believe that the DA "does not have our back".
Though the request for this assessment demonstrates the DA's desire to help the staff
and learn about their views, this feeling is still harbored by some. Many staff also feel
that the DA has not sufficiently communicated with them about his positions on new
initiatives or on issues that have been controversial in the Office.
Some who have been in the Office since before DA Hummel was elected, have noted
that the DA's management style is a significant improvement over that of his
predecessor.
Recommendations — Remote Leadership
Though the DA and the CDDA are understandably busy, there are a number of
things that can improve their connection to the Office:
• Regular Contact with the Staff: The DA and the CDDAs can walk through the
office on a regular basis to see how the staff is doing and listen to their concerns
and suggestions.
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• Improved Communication: When new initiatives are announced to the public,
the DA should meet with the staff to explain the new initiatives, the reasons
behind them, and how they will be implemented. Also, when a controversial issue
occurs, the DA should explain the policies underlying his decisions on that issue to
his managers and the Office.
• Reduce the Workload of the CDDAs: The CDDAs have too many
responsibilities and cannot attend to all the needs of the staff. PCE's
recommendations about the restructuring of the DCDAO teams, the hiring of an
HR specialist and the elimination of their caseloads will free up the CDDAs to
attend to the staff, implement new initiatives and do increased outreach to the
community.
• Office Hours: The CDDAs could designate times as "office hours" so that the
staff knows when they are free for consultation.
Issue— Management
• Management Training: Though the DCDAO has allowed staff to attend
management training, it is not done in a strategic way that has a vision for
improved management in the Office.
• Role of the Team Leaders: The Team Leaders are not supervisors and their role
is vaguely defined.
Recommendations— Management
• Clarify the Responsibilities of Leadership: The primary roles of each CDDA
should be clarified. Though it is helpful that the CDDAs can cover for each other,
there should be a clear list of who is primarily responsible for the many duties that
are required of the CDDAs.
• Management Training: All staff with supervisory responsibilities, legal and non-
legal, should be required to attend management training, including the Team
Leaders. The DCDAO has encouraged such training, however, it should be
mandatory and not voluntary. The DCDAO should clarify its management
approach, so it is consistent across supervisors. HR can provide recommendations
for what types of trainings would be most beneficial.
• Management Reports: Once the accuracy of the underlying data is verified,
Prosecutor by Karpel (PbK) should create standard reports for the leadership that
provide performance data of the staff. This will give management real-time data to
assess the staff. Individualized reports should also be available to the attorneys, so
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they can check their own performance measures. As a start, the reports can
include:
o Active caseload of each attorney
o Uncharged cases for each attorney
o Age of case for each attorney
o Pending trials
• Make Team Leaders Supervisors: As discussed in greater detail in the section
on the DCDAO teams, the Team Leaders should be the direct supervisors of the
lawyers in their team.
Issue Morale
Morale in the Office is generally not very good, in part due to the remote leadership
discussed above. The pandemic has added to some of the morale issues, as the staff
has found it harder to interact with their peers and some have been weighed down by
other worries. However, for others, stress has been reduced by working from home.
Recommendations — Morale
To enhance morale in the Office, particularly as the staff starts to return to the office
in person, the Office can engage the employees in a variety of ways to improve their
morale. The new proposed team structure discussed below can also serve to improve
morale. Morale boosters can include:
• Lunch with the Supervisor: Lunch with the supervisor can give the staff
member and supervisor uninterrupted time to discuss concerns and suggestions.
• Shadow the DA: An employee can join the DA as the shadow DA for the day.
• Recognition: Reward extra effort in the Office with thank you events (ice cream
social, pizza party etc.), personalized notes/emails, gift certificates, compensatory
time, and recognition before peers.
• Group Social Activities: These events should be voluntary and may start slowly,
however, attendance will grow as group events become a tradition. They can
include:
o Casual day
o Holiday parties
o Administrative professional day
o Bring your dog to work day
o Office picnics for staff and their families
o Office raffle
o Group hikes/runs and sports teams (infra -mural or among other agencies).
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Issues — Human Resources
• No HR Staff: The office leadership has insufficient time and training to devote to
the HR issues that inevitably arise in an office of DCDAO's size. Over the years,
the DCDAO has started, but has not fully developed, formalized management
procedures, such as on -boarding new staff, assessing probationary staff and
evaluating the lawyers. Some recent issues with employees may have been
resolved earlier with the help of an HR professional.
• No Routine Evaluation Process: The DCDAO has recently created a formal
evaluation process for the attorneys. However, some attorneys are unaware of the
process. The non -legal staff receive regular evaluations from their supervisors.
Supervisors are not evaluated by senior management.
Recommendations -- Human Resources
• Hiring an HR professional. The Office should hire an HR professional, even if
it is part-time or as a consultant. This person can address HR issues in the Office
and assist with tasks such as leave, payroll, employee disputes, and discipline. The
HR professional can also help with developing formal management protocols for
the Office. This person can take over HR tasks from the CDDAs.
• Needed Protocols: The Office should create protocols to standardize the on -
boarding of staff, the off -boarding of staff, and a regular evaluation process for
lawyers and non -lawyers. For example, the senior management should conduct
exit interviews for all staff leaving the Office. This will provide insights into areas
of improvement for the Office.
• Job Descriptions and Classifications: The HR person can assist with defining
job descriptions and ensuring that staff are properly classified.
• Evaluations: Legal and non -legal staff, including supervisors, should receive
annual evaluations at specific time every year. Consideration should be given to
starting "360" evaluations so that supervisors receive evaluations from the people
they supervise. The evaluation should be in writing, accompanied by a meeting
with the supervisor to discuss strengths and weaknesses.
Issue Policies and Procedures
Though the Office has a number of written policy and procedure manuals, which is
an excellent start, there are some areas that are not covered.
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Recommendations — Policies and Procedures
• Collect Office Policies: The Office should review all existing office policies and,
verify that they are currently applicable and posted on the DCDAO intranet.
• Policies on Specific Topics: The DCDAO should also consider developing
policies in the following areas:
o Plea Bargaining: The DCDAO should develop a plea/disposition policy for
first arrests of similarly situated defendants. Though such a policy cannot
cover all situations, it provides importance guidance for dispositions and
diversion that will prevent inconsistent results.
o Lawyer Contact with Witnesses: The DCDAO should determine when
attorneys should speak with witnesses directly. Much of this work is relegated
to the VA and the TAs, in part due to their heavy caseloads, so the lawyers
may not get the full flavor of the case prior to charging or disposition.
o Review of Digital Evidence: The amount of digital evidence is exploding,
and it is difficult to review all of the media received. Ideally, all digital
evidence should be reviewed by the prosecutor, but it is not always possible.
As a result, the Office should create a policy of when a prosecutor or TA must
review digital evidence prior to charging. For example, digital evidence should
be reviewed in serious cases, before potential dismissals, and in cases involving
credibility issues.
o Social Media Policy: The staff needs clarification about what they can say
and do on social media. The Office should create a social media policy
outlining the Office's expectations; this policy can be created in consultation
with an HR specialist.
Teams
General
Historically the DCDAO has taken a variety of approaches to organizing its work.
The most recent re -organization took place in 2018 when the staff was divided into
three teams focusing on different types of work — Person, Property, and Traffic. A
Juvenile unit is included in the Person Team. Each team has five or six attorneys in
addition to the Team Leader who provides guidance and advice to the members of
the team. The Team Leaders are not considered supervisors; instead, the two
CDDAs are the direct supervisors for all the lawyers in the Office.
Cases are assigned to the prosecutors by the CDDAs. Though the most complex
cases will be directed to experienced staff, for the most part all the lawyers have a
mixture of low-level and serious cases. There is no formal process for moving the
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prosecutors between the teams, though the younger lawyers sometimes start in the
Traffic Team and lawyers can request to move between teams.
DCDAO employs a vertical prosecution model which means that the Deputy District
Attorneys (DDA) receive a case at intake, evaluate it for prosecution, present it to the
Grand Jury where applicable, negotiate dispositions, and try the case in court.
Defendants with multiple active cases will be assigned to the same DDA if possible,
or if not, the assigned DDAs are encouraged to work together on a global resolution
of the cases whenever possible.' Vertical prosecution is a best practice for
prosecutors.
The Office has a strong culture of encouraging supervisors to carry a caseload. The
two CDDAs carry caseloads, as do the Team Leaders.
The lawyers are supported by non -lawyer Trial Assistants (TA) who provide a wide
variety of services, including assembling discovery materials for the defense, writing
simple legal documents, and preparing a case for trial. There is an almost one to one
ratio of Trial Assistants to lawyers.
The team members do not sit together, but instead are located in various parts of the
three floors that the Office inhabits.
Person Team
The Person Team handles most victim -related cases, such as homicide, assault, sex
crimes, child abuse, and domestic violence. These cases tend to be the most serious
in the Office and can be very time consuming. There are seven lawyers on the Person
Team. The Team Leader carries a caseload of about 40 to 45 felonies and is assigned
the most serious cases, which are often child sex abuse cases and homicides. In
addition, the Team Leader serves on county -wide committees with other stakeholders
regarding child abuse and high -risk domestic violence cases.
Homicides and officer involved fatalities are assigned by the DA and the CDDAs. A
less experienced attorney is often assigned to provide assistance and as part of
training. The DA is directly involved in the officer involved fatality cases.
7 Deschutes County District Attorney's Office Briefing Book - 2020
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Juvenile Unit
The Juvenile Unit falls under the Person Team, though it is governed by different
statutes and is essentially an independent unit. The Unit handles youth under the age
of 18 who are charged with eligible crimes. The Unit is staffed by a part-time
attorney, with another full-time attorney recently assigned to devote 1/3 of her time
to juvenile cases.
Proaerty Team
The Property Team prosecutes such crimes as burglary, car theft, drug crimes,
weapon offenses, theft, fraud, elder abuse, and public corruption. This team has a
mix of cases ranging from some that are relatively simple to others that require
sophisticated and time-consuming investigations. The Property Team Leader carries a
caseload of over 80 cases. She has a variety of other duties, including: being in charge
of the Mental Health court, a liaison with county hospitals on mental health issues, the
office point person on arson cases, the back-up attorney for the new Veteran's
program, the lead on the Justice Reinvestment Grant, co -lead on the Clean Slate
program, and the supervisor of the expungement program. Some of these programs
will be explained in greater detail later in the report.
Traffic Team
The Traffic Team is assigned all traffic related cases such as driving while intoxicated
and other driving -related crimes. This team has the largest volume of cases, but most
can be disposed of quickly as many of the cases are not complex or difficult.
However, this team also handles vehicular cases with injuries and vehicular homicides
and these cases are serious and require much work. The Team Leader has a caseload
of about 120 traffic cases ranging from low level misdemeanors to serious vehicular
homicides.
Issues —Team Structure
PCE has a number of concerns about the current Person, Property and Traffic Team
structure:
• More Supervision Needed: The CDDA, who are considered excellent attorneys,
are the direct supervisors of the entire legal staff. However, they are too busy with
a myriad of other tasks to be readily available for the staff.- The Team Leaders are
not considered supervisors so they cannot make decisions for their team.
• Cases Are Not Sufficiently Assigned by Experience Level: Under the current
system, there is not a consistent plan to assign cases by experience level. With
some exceptions for the most serious cases, assignments can be haphazard so that
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some very experienced lawyers are assigned very easy cases and some
inexperienced lawyers are assigned cases that are beyond their ability. This
underutilizes the experience in the Office and stymies a natural morale -booster,
where younger lawyers can strive for the more complex cases as their skill level
grows. Also, if the young lawyers have a caseload of simpler cases, they will give
them the attention they deserve, rather than being distracted by difficult cases that
are overly challenging.
• Topic Centered Teams Limits Professional Growth: Since the teams only
handle specific types of cases, the professional growth of a lawyer is limited by not
being exposed to a variety of cases and issues. Though lawyers can specialize in
certain types of cases, such as sex crimes or white-collar cases, it is useful for them
to continue to handle other types of cases as well. This provides a professional
challenge and can be a respite from emotionally difficult cases. For example,
under the current system it is possible for an attorney to be on the Traffic Team
and never learn how to prosecute a serious person crime. In an office the size of
the DCDAO, it is important for the lawyers to be exposed to many different types
of cases so they can pitch in where needed.
• Lawyer Burn -Out and Resentments: Some lawyers on the Person Team
complain of burn -out as they routinely work on cases that are highly emotional
and troubling, such as child sex abuse cases and homicides. At the same time,
lawyers on the Traffic Team can be seen as coasting through easier cases that are
not as challenging. This has created a discrepancy between the type of work done
by lawyers in the Office and generated some resentments between teams. Some
feel that they are working extra hard because they are carrying the most difficult
cases, whereas others feel the same way because they are carrying the highest
volume of cases.
• Insufficient Training: Concerns have been expressed by the lawyers that there is
insufficient legal training. This can be addressed by increased formal training (as
discussed later in the report) and by informal training by experienced attorneys.
Team lawyers do not sit near each other, so the opportunities arising from the
natural learning that comes from being near senior attorneys does not easily occur.
This has been exacerbated by the pandemic which has kept the lawyers at home
for over a year.
• Short Notice on Assignments: In some instances, the CDDAs provide
assignments for court and grand jury on the day before the task is due. This
makes it hard to plan the work week. Though lawyers can request blocks of time
at their desk, they still complain about the last-minute scheduling.
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• Insufficient Communication with Management: The lawyers feel that there is
not enough communication with management, and that they are often out of
touch with the reasoning behind office policy decisions.
• Low Morale: As discussed earlier, despite good pay and a beautiful location,
morale is low. This is due to various factors; however, the current team structure
contributes to the low morale. There have been recent transfers from the Person
Team to other teams, as lawyers have been "burned out" from the steady flow of
emotionally draining cases.
Recommendations —Team Structure
• Create Two Equal Trial Teams: PCE recommends that DCDAO create two
trial teams that handle all cases, equally divided between the two teams. The
lawyers assigned to the teams should range from the least experienced to the most
experienced, though within each team there can be people who specialize in
certain kinds of cases, e.g., DV, sex crimes, white-collar cases or are given special
duties, such as liaison to the Child Advocacy Center or to a particular treatment
program.
• Team Leaders be Supervisors: Each team should have a supervisor. There are
various ways to structure the supervision: one Team Leader, two co -Team Leaders
or a chief Team Leader and a deputy Team Leader. Regardless of what structure is
selected, the Team Leaders should be supervisors and have significantly reduced
caseloads, so they have time to properly supervise their team.
• Assignment of Intake: On alternating days or weeks, the Team Leaders should
receive new cases from the CDDA (see section below on Intake) and assign them
to lawyers within their team who have the necessary experience. Though the initial
intake of cases is done by the CDDA, the assignment of the cases should be
decided by Team Leaders. In this way the Team Leaders will be familiar with the
matters handled by their team, can anticipate issues, and can give the cases to the
most appropriate attorney based on experience level.
• Scheduling of Assignments: The Team Leaders rather than the CDDAs should
create the assignment schedule for their team at least a week in advance. The
Team Leader will be in the best position to know who is available and who is best
suited for various tasks. Also, should substitution of an assignment be needed, the
Team Leader will know who is free and can make the necessary adjustments. The
Team Leader should designate a "floater" for each scheduling period, so there is
notice as to who can cover unexpected court appearances. The scheduling can be
rotated between Teams on regular basis, such as weekly or monthly.
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• Evaluations: The Team Leader should prepare annual evaluations for all team
members, including the TAs.
• Team Meetings: The teams should have regular meetings and roundtables to
discuss difficult cases, office policy, and other current issues. This provides
excellent training for the younger lawyers and creates a team spirit.
• Meeting with Management: The Team Leaders should meet regularly with the
CDDAs and the DA to discuss office policies, challenging cases, and new
initiatives. This will improve communication between leadership and mid -level
management and allow the Team Leaders to convey information to the line
prosecutors. This will also improve the morale of the Team Leaders as this will
provide an opportunity for their comments and suggestions to be heard by
leadership.
• Caseload Dashboard: To properly manage their team, the Team Leaders should
know how to monitor the caseloads and case status of their attorneys through their
case management system, Prosecutor by Karpel (PbK). The CDDA currently
provides this information, however, the information should be made more readily
available through PbK to both Team Leaders and line prosecutors. (See section
below on the office's case management system).
• Office Standards. The CDDAs can set standard timelines for various tasks, such
as time to charging, time to indictment, and time to trial. Though there are many
exceptions to such standards, the Team Leaders should have regular meetings with
the line prosecutors to review their caseloads and the status of their cases in light
of the general standards set by the Office.
Prosecutor Diversion and Alternatives to Incarceration
General
Developing treatment for people accused of crimes and establishing crime prevention
measures are part of the job of a modern prosecutor. These programs can reduce
recidivism by treating the underlying causes of crime, such as drug abuse and mental
illness. Diverting people from the criminal justice system will save county funds by
reducing incarceration which is more costly.
One of DA Hummel's signature accomplishments has been to develop various
programs that provide treatment and other alternatives to incarceration. He is to be
commended for spearheading and staffing these programs, particularly since the
courts are under-resourced and do not always have the ability to participate.
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Developing and managing these important initiatives requires continued oversight and
attention at every stage. The DA hired a part-time staff member with a master's
degree to develop and maintain the programs. The DA has received various grants
through the federal government and philanthropies to provide development advice
and to support the new programs. These alternatives to incarceration are occasionally
referred to as "restorative justice", however, restorative justice can also describe a
process by which the victim and defendant meet to discuss the crime. Except in a
long-standing program in some juvenile cases, DCDAO does not yet have restorative
justice programs that meet the latter definition.
Prior to initiating the new programs, the DA took an innovative and laudable step and
conducted a public survey in partnership with Portland University to learn what the
public thought about alternatives to incarceration. He also convened a community
advisory committee, called DeschutesSafe, to gain further input for the program. The
community's response was in favor of providing treatment to those who suffered
from Substance Abuse Disorder, but not for those who were dealing drugs and taking
advantage of the community. The term "Deschutes Safe" is now used to describe the
Office's treatment programs.
The DCDAO victim advocates participate in the various treatment programs to help
give voice to the victims of the crimes, so that they have input on a person's eligibility
for the various programs offered by the DCDAO.
Golcilocks Jrogram
The DCDAO created a three step Goldilocks program for those with Substance
Abuse Disorder or mental health issues. The decriminalization of most drug
possession crimes will significantly impact the program, as many cases that were in the
program will no longer come into the criminal justice system or to the DCDAO. For
now, the program continues, but time will tell how useful it will be in light of the new
law.
Veteran Intervention Strategy
With the help of federal funding, the DCDAO has developed a veterans intervention
strategy that began in November of 2020. Though Veteran Courts are commonplace
in other parts of the country, this program is not run through the courts as the courts
do not have the capacity to handle a new specialty court. The primary focus of this
program is issues relating to mental health, substance abuse and trauma brought on by
the military experience.
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Emerging Acult Program
Though still in development, the Emerging Adult Program focuses on young adults
between 18 and 25 who can be treated as if they were in juvenile court rather than
adult court. The goal is to accept about 40 — 50 people a year who are arrested for
qualifying misdemeanors. Two prosecutors and a TA have been assigned to create
the program, which is scheduled to launch in 2021. The program was the brainchild
of two prosecutors in the DCDAO.
Issues
• New Programs are Begun Before the Old Ones are Fully Implemented: The
DA is innovative in his approach to treatment programs and diversion. However,
some are concerned that the programs are not fully implemented before a new
program is begun.
• Monitoring Compliance: The county used to have a monitoring service that
tracked defendant compliance with various treatment programs. However, the
service was funded by fees imposed on the defendants and the fees were struck
down by the courts. There is now no standard, uniform monitoring system for
treatment programs. Some monitoring is accomplished by prosecutors requesting
a court order to require the defense counsel to provide an update. However, this
system is not uniformly applied and can generate litigation that is time consuming.
In some instances, prosecutors have to call treatment programs to ascertain
whether the defendant is in compliance. This is not a best practice.
• Need for Full -Time Staff: The DCDAO diversion and treatment programs
require oversight and monitoring. The Office has a part-time staff member who
coordinates the programs, but given their expansion, part-time work is not
sufficient to keep up with the work. The administrative support staff assigned to
the Goldilocks project are leaving the Office, so this task have been assigned to a
TA who has other pre-existing duties.
• Training on the Programs: The prosecutors and TA are not sufficiently trained
in the alternative sentencing programs, so some are unclear about various aspects
of the programs, including the underlying policy, eligibility, monitoring, and
benefits. In some instances, the DA has announced a program to the public
before explaining it to the staff.
• Integrating the Programs into the Daily Work of the Office: The new
programs are not fully integrated into the day-to-day processes of the Office or the
case management system.
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Recommendations
• Program Oversight: The Office has a laudable commitment to increasing
diversion and treatment. However, as the programs grow there is greater need for
oversight of the programs and monitoring the participants. This requires a full-
time, rather than part-time staff. The staff member can oversee the daily
operations of the various programs, provide training to the prosecutors, and
develop a system for monitoring compliance that does not absorb prosecutor time.
• Training for Staff: The staff needs more training on the policies and procedures
underlying the treatment programs. This will increase their use and integrate the
programs into the daily decisions made by the staff.
• Survey of Available Resources: The person assigned to overseeing diversion
and treatment programs should conduct a survey of available services in Deschutes
County. An assessment of the effectiveness of these programs should also be
undertaken. PCE is informed that Deschutes County has many excellent service
providers that can provide support to the DCDAO programs.
• Tracking Diversion and Treatment in PbK: PbK can be used to track the
alternative to incarceration programs, as well as compliance with the programs.
• Research: Once the DCDAO has a reliable way to track their alternative to
incarceration programs, they can collaborate with researchers to study the
effectiveness of the programs. Some researchers can apply for independent grants
to support this type of work.
Case anagement System
Genera
Since 2018, the Office's case management system has been Prosecutors by Karpel
(PbK), a national case management system. It is the Office's third system since the
1990s. PbK is a robust, complex system that has many capabilities; it can track cases,
store evidence, create legal documents, and deliver discovery. The head of IT
manages PbK and a lawyer is designated to update templates in PbK that are used to
generate legal documents.
Since the onset of the pandemic, the Office has gone completely paperless using PbK.
The IT staff has done excellent work to guide the Office toward a paperless system,
including using creative "work-arounds" to customize PbK to the needs of the Office.
The IT department supports all the computers and servers in the Office as outlined in
the diagram below.
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
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There is some connectivity between the DCDAO and other county agencies as is
outlined in the diagram below. The DCDAO is not connected to the courts.
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8 Deschutes County District Attorney's Office - Briefing Book (2020) on file with PCE.
9 Deschutes County District Attorney's Office - Briefing Book (2020) on file with PCE.
Prosecutors' Center for Excellence
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Assessment of the Deschutes County District
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Issues
• Direct Feed of Data: PbK is a modern case management system and DCDAO
has a knowledgeable IT staff, however, the Office does not have a direct feed of
much needed data from the police, courts, probation, or other criminal justice
agencies. Though some data is available electronically, much data has to be
entered manually, which is time consuming and can be prone to error.
• Data Entry and Auditing: The DCDAO needs to clarify who is entering data,
what each data field means, and how to audit the data. Since the Office has gone
paperless, the lawyers are entering more data into the system, however, as their
focus is on legal matters, their data entry is not always complete. Reports run from
PbK do not match similar reports from the court; these discrepancies should be
resolved.
• Complex Data Entry: Some data entry is unwieldy, such as the entry of
victim/witness information. Staff report that this requires many separate and
redundant entries.
• Inability to Run Needed Reports: PbK cannot currently run reliable reports
that are needed by managers, such as pending caseloads, age of case, length of time
someone is held in jail, and types of cases handled by the Office. This is in part
due to unreliable data entry, incomplete connectivity with other agencies, and
insufficient IT staff.
• Inefficient Reporting Structure: Both members of the IT team report directly
to the DA and the IT team does not have a supervisor. The DA is busy and does
not have the time to address the day-to-day IT issues that arise.
• Replace Office Computers: Some office computers are so old that staff are
often required to turn the computers on and off in order to make them function.
• Some Staff Do Not Know how to Track Their Caseloads: Though PbK does
track caseload numbers and can create "To Do" lists for various tasks, some
members of the staff — particularly the lawyers — cannot readily identify their
caseload.
• Untrained Staff: The Office has done PbK training and sends around regular
emails with information about PbK, however, some staff do not take advantage of
the training and therefore are frustrated with PbK.
Recommendations
• Supervision: One member of the IT staff should be designated as the supervisor
and that person should report to the CDDAs, rather than to the DA.
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• Data Entry Protocols: Protocols should be developed for who enters data and
when. Where possible, support staff rather than attorneys should enter the data.
• Auditing: Unless data is entered accurately, it is of no use. Thus, the DCDAO
should develop an auditing plan to spot check data entry. Also, DCDAO should
resolve the discrepancies between the court's data and the DCDAO data.
• Additional IT Staff: The Office would benefit from an additional IT staff, or a
consultant, who can help to bring DCDAO's data collection and PbK to its full
potential. This will ultimately create efficiencies and improve the quality of
everyone's work.
• New Computers: Though the staff has new laptops, there are some older
computers in the office that need to be replaced. Consideration can be given to
whether the laptops can be used in the office with docking stations, rather than
replacing the computers.
• Connectivity with Police: DCDAO should negotiate with its police departments
to develop a memorandum of understanding of what, how, and when data can be
shared. Once that is in place, DCDAO can purchase the PbK module that allows
for improved connectivity with other agencies. This will save data entry time and
reduce errors. The intake TA will no longer need to enter documents manually.
• Connectivity with the Courts: DCDAO should receive a feed of data from the
courts on pending and disposed cases. This will significantly improve the
DCDAO's ability to create accurate management reports.
• 100% Paperless: All staff members must be required to go paperless.
• Mandatory Training: The DCDAO should require mandatory, continuing PbK
training. Some staff received initial training but have not kept up with the nuances
of the system. In some instances, this may require one-on-one training,
particularly with staff members who have been resistant to using PbK.
• Legal Templates: The Office is working on developing and updating templates
for legal work; this work enhances efficiencies and should be continued. The
juvenile unit could benefit from templates in PbK.
• Streamline Processes Using PbK: PbK should be used to further streamline the
victim notification process and the data entry for victim/witness information
should be simplified.
• Standard Reports and Data Dashboard: Once the data is deemed reliable, PbK
can be the source of many valuable reports. This data can inform policy decisions,
identify crime drivers, and assist supervisors with management. The Office can
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also post data on its website through a data dashboard so it is accessible to the
public.
• Problematic Police Officers: If there are problematic police officers that may
need to be disclosed to the defense, they can be flagged in PbK, so the lawyers will
know when an officer on the list is associated with one of their cases. This will be
a flag for the attorney to speak with a supervisor about next steps.
Office c
General
The DCDAO office is in one building and has some space from the basement to the
fourth floor. The fourth floor is used for file storage only and the second floor is
occupied mostly by various staff working for the courts. Both the DCDAO and the
courts are in space that is too small for their needs.
Issues
The lawyers are situated throughout three floors of the office, but not necessarily
located near their team members or their TA. Due to the pandemic, PCE was not
able to visit the Office in person, however, there is a consensus among those
interviewed that the DCDAO does not have enough office space and that there is
little logic to where people sit. Some of the workspace is dark and windowless.
Recommendations
• Request More Space: The DA should request more space for the staff. Having
not seen the space in person, PCE cannot make recommendations about how the
existing space could be reconfigured.
• Rearrange Seating: If the DCDAO chooses to restructure their teams, the
Office should re -configure the seating arrangements of the lawyers and TAs. The
team members should sit near each other, and the TAs should sit by the lawyer for
whom they work. This will build a team spirit, allow for informal training between
experienced and inexperienced team members and provide efficiencies as it will be
easier for supervisors to see who is available to cover various tasks.
• Allow Work from Home: The pandemic has shown that it is possible to work
effectively from home. Many DCDAO staff have indicated that they enjoy
working from home, they find it easier to concentrate and they experience less
stress. The Office should develop a "Work at Home" policy that provides
guidelines for who can work from home and when. Such a policy could allow TAs
to alternate being in the office and to share a desk. Desk sharing will save space in
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the already cramped office. Lawyers can be given some flexibility to work from
home when their duties do not require them to be present in the office. This
policy can boost morale and reduce over -crowding in the office. Needless to say,
supervisors will have to set goals for the work that is done at home.
Intake
General
New arrests are processed every morning and entered into PbK by a TA who is
exclusively assigned to this task. She manually adds the police reports and
victims/witnesses information into PbK. She is also the DCDAO police liaison for
obtaining needed police paperwork.
Every day a CDDA reviews the new arrests arriving from the various police
departments, with particular attention to custodial cases. It is beneficial for an
experienced prosecutor to review the cases at this early stage, so that cases that are not
worthy of prosecution are weeded out of the system as early as possible.
When the arrestee is in custody the case must be charged by 11 am of the day it is
received by the DCDAO, or the arrestee will be released. For non -custodial arrests
the person is advised to appear in court in 30 to 90 days, at which time the case
should be charged by the DCDAO.
In the daily review, the CDDA makes a number of decisions about the case including:
is there sufficient evidence to prove the case, should the arrestee be held in custody,
and what are the appropriate charges? About 30% of the cases are not authorized for
charging, usually due to insufficient evidence. The CDDA does not do the actual
charging of the case, instead the CDAA assigns the case to a prosecutor for charging
and vertical prosecution. The CDAA can provide recommendations for charges.
PbK has tickler system that can help the prosecutors keep track of cases that have not
yet been charged.
Issues
• Intake Backlog: The intake process is a choke point in the Office, with non-
custodial cases backing up. Since there is usually only one person reviewing the
new cases, there can be a delay in sending the cases to the assigned attorney.
There are times when the assigned attorney does not get the case until the day
before it is due. Some lawyers are better at keeping up with their charging
responsibilities than others.
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• Entering Information into PbK: Since many reports have to be added manually,
the Intake TA is sometimes behind on entering information into PbK.
• Interviewing Victims and Witnesses Prior to Charging: Charging decisions
are usually based on the police reports and it is rare for the prosecutors to speak to
victims, witnesses, or police officers prior to charging.
Recommendations
• Connectivity with the Police: DCDAO should enter into arrangements with
their police departments to automatically import relevant police paperwork and
data into PbK, thus avoiding the need for manual data entry and improving data
quality.
• Additional Intake Staff: An additional TA at Intake will enhance the process by
allowing early and timely entry of victim/witness information, criminal histories,
and adding a short summary of the case. The lawyers and TAs are currently
entering this information at a later time when it can be more difficult to obtain and
thus more time consuming.
• TAs or Law Students Charging Low Level Cases: Various low-level cases are
very routine. A TA or a law student can be trained to prepare draft charges that
can later be reviewed by a DDA. This may be amenable to remote work and the
TA or law student can be very effective as they gain expertise in these charges and
their work will reduce the number of cases awaiting charging and disposition.
• Part -Time DDA: The DCDAO can hire a part-time DDA to assist with charging
out -of -custody cases. This is a good position for an attorney who needs a
modified work plan or needs to work from home. It should be noted that given
the DCDAO's excellent vertical prosecution system, the more serious cases should
continue to be charged by the assigned DDA.
• Viewing Digital Evidence Prior to Charging: The TAs can assist with viewing
body worn camera footage in some types of cases, so that the prosecutor can fully
assess the case prior to charging.
Training
General
The DCDAO has recently developed a training program for new attorneys that
includes a welcome letter, an electronic file of materials for study, and a two -week
check list of training opportunities for the new lawyer. This list includes observing in
court and learning PbK. Since new lawyers usually come to the DCDAO one at a
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time, these trainings are done on an individual basis. Shadowing a seasoned attorney
is the most common form of training. Additional training, particularly for more
seasoned attorneys, is provided by the Oregon District Attorney's Association and
other national prosecutor groups. The DCDAO allows senior attorneys to attend
management training in the county.
The Office Manager oversees non -legal staff training.
In the past year, the DCDAO has focused on trainings on diversity, race and
inclusion, and worked with Prosecutor Impact on a multi -day retreat devoted to these
issues.
Issues
• No Training Strategy: The DCDAO does not have a training strategy for the
Office. The CDDAs have developed a system for training new lawyers, but given
their many other duties, they cannot devote sufficient attention to this important
task. There are no regular training opportunities for the more senior attorneys,
nor is there enough training on new office initiatives.
• Court Observations: Given the workload of the CDDAs and Team Leaders, it is
rare that lawyers are observed in court. In many instances the only feedback on a
lawyers performance in court comes from the judge, and some of that feedback
has been negative.
Recommendations
• Designate a Training Coordinator: The DCDAO can designate an experienced
member of the staff to be the training coordinator, one for legal staff and one for
support staff. This person can identify beneficial training programs and schedule
the programs at regular intervals. Programs designed for new lawyers can be given
annually or semi-annually for lawyers who have joined the Office within the last
year.
• Survey Training Needs: The DCDAO should conduct a training survey of the
staff to determine what topics the staff believe are most needed. The Team
Leaders and CDDA can also meet to discuss the errors most regularly seen and
develop a training program in response.
• Monthly Training: Monthly in-house training meetings on substantive legal
issues for legal staff should be developed. Topics can be taught by lawyers in the
Office, who have dealt with a particular issue, or by lawyers from other offices
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who can be recruited to train on a particular subject. Given the staffs familiarity
with Zoom as a result of the pandemic, the DCDAO can recruit prosecutors from
other offices to discuss a particular topic for an hour via Zoom.
• Training on the Grand Jury Process: The grand jury coordinators and a senior
lawyer should train new lawyers on the grand jury process and the preparation
needed, particularly with regard to witness preparation and review of the file.
• Case Roundtables: Team Leaders should convene a roundtable on particularly
difficult cases to discuss the pros and cons of prosecuting the case. This will allow
for brainstorming of ideas, will teach the younger lawyers about the issues that
they should consider, and will develop a team spirit.
• Outside Prosecutor Training: The DCDAO already avails itself of trainings
sponsored by the Oregon District Attorney's Association and should continue to
send its lawyers to those trainings. There are other excellent training programs,
many of which are free and online. The national prosecutor groups offering these
trainings are Aequitas, (particularly on violence against women issues), Institute for
Innovation in Prosecution, National District Attorney's Association, and
Association of Prosecuting Attorneys.
• Legal Templates: The Office should continue to update PbK with standard legal
documents and collect complex legal motions and briefs in a central location that
can be shared by all the lawyers.
• Trial Advocacy: Supervisors should watch younger attorneys while they are
trying a case so that real time pointers can be given. Currently, most input about
trial advocacy skills of the Office's attorneys comes from the judges.
• Training on New DCDAO Initiatives: Rather than an introduction by email,
the whole staff should be trained on the Office's new initiatives so they understand
when and how they should be applied and the policy underlying the program. The
office leadership should also seek feedback on the efficacy of the programs.
Trial Assistants
General
The DCDAO has an excellent system of assigning one Trial Assistant to almost every
attorney. This approach provides efficiencies and savings to the Office by reducing
the amount of non -legal work done by the prosecutors. The TA's shoulder a wide
variety of tasks that would otherwise burden the lawyers, and thereby require more
legal staff. The Office has a TA policy manual that is over 300 pages and is often
updated. This is a great asset. The Office has recently gone paperless, which has
reduced the amount of busy work performed by the TAs. They are currently
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scanning old documents into PbK, so that the system can be retroactively paperless as
well. Once the additional scanning is completed, the TAs will have additional time for
other tasks.
In general, the TAs enjoy their work and respect the lawyer to whom they are
assigned. Many of the TAs have enjoyed working from home and found that they can
be equally productive as they were in the office. The work of a TA includes:
• Organize Various Categories of Work: The TAs prepare a report for the next
day's docket and make sure the cases are ready. They check for new in -custody
defendants, review possible probation violations, and prepare preliminary
paperwork.
• Collect Discovery: The TAs will collect discoverable materials from a variety of
sources, including police departments, hospitals, laboratories, and witnesses.
• Organize Case Files: The TA will keep the case files in order.
• Prepare for Trials: The TAs will call witnesses and make sure that needed
evidence is available for trial. The TA may sometimes assist the attorney in court
while they are trying a case.
• Monitor Diversion: Since there is no formal way to monitor compliance with a
number of the Office's diversion programs, the TAs assist with this task.
• Update PbK: The TAs will verify and update information in PbK, including
court events and witness information. Paperwork from agencies that do not
transmit documents electronically is scanned into PbK. There is an on -going
project to enter old records into PbK, so that the system can be entirely paperless.
• Simple Motions: TAs draft standard motions for the attorneys.
• Body Worn Cameras: The TAs review some Body Worn Camera footage.
• Unassigned Victim Advocate Cases: Since the Victim Advocates have more
work than they can handle, the overflow of unassigned victim cases are sent to the
TAs. The unassigned cases tend to be cases related to the Property Team, where it
is more likely that restitution is involved.
• Expungements: One TA assists with processing expungements and provides
support to the attorney who is charged with this task.
Issues
• Increased Training and Tasks: The TAs could use additional training on the
criminal justice system so that they can better assist the lawyers in their work.
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• Office Space: Many TAs are concerned about the cramped and noisy office space
that sometimes requires them to stand in line for the copy machine or the
bathroom. This can create a disruptive environment that can lead to bickering
among the TAs.
Recommendations
• Criminal Justice System Training: Some TAs report that they would like a
better understanding of the criminal justice system and the specific issues related
to their cases; this will enhance their ability to anticipate the needs of the attorneys
and improve the quality of their work. If the TA duties are expanded, the lawyers
should be briefed by management about the new roles of the TA, so everyone is
on the same page.
• Paralegal Training: The TAs can be trained to do some legal work, such as
writing standard motions and letters, charging low level cases, and drafting jury
charges. A number of the TAs had done this type of work in earlier jobs. The
lawyers should always review and approve the work.
• Victim Advocate Training: Though assigning the overflow victim advocate
work to the TAs is not recommended, if this continues to be the practice, the TAs
need training on the multi -faceted tasks of the victim advocates. (See section on
Victim Advocates for further discussion).
• Auditing Data in PbK: As the Office has gone paperless, the quality of the data
in PbK is especially important. The TAs, IT, and management should work
together to establish an audit routine, where the TAs can check the data in PbK
relevant to their cases. This is especially important regarding data entered by the
lawyers, as they may enter data in inconsistent ways, or neglect to enter the data.
• TAs in Court: To improve data collection, TAs should be trained to record court
events in the courtroom. This will remove this function from the lawyers, who
should focus on the legal issues rather than data collection. Ideally a TA should be
assigned to a specific judge, so the TA learns the routine of that judge and can
more easily gather the data. If this is not possible, then the TA can be the data
collector whenever their assigned lawyer is in court.
• Crime analyst training: Some of the TAs, who have the aptitude and interest,
can be trained as a crime analyst who can assist with internet research in support
of a case, as well as analyzing crime trends. This is a position that is becoming
common in modern prosecutor offices and can be performed in collaboration with
the DCDAO investigators. For more information about the use of crime analysts
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in a prosecutor's office see: The Problem Solving Prosecutor — Modern Variations
on the Crime Strategies Unit. Crime analysts can do a variety of tasks including:
o Gathering evidence in support of prosecutions, such as reviewing social media
posts, analyzing cell phone records, and gathering related crime data.
o Analyzing crime patterns through statistics, maps, and timelines.
o Preparing presentations for trial or public events.
o Collaborating with law enforcement to gather evidence, especially in areas
where specialized knowledge of technology is required, such as social media
analysis.
Victim Advocates
General
The DCDAO was staffed at seven victim advocates (VA), plus one supervisor. An
advocate recently left the Office, bringing the total VA to six; it is unclear whether she
will be replaced. The VAs are an essential part of the Office and are critical to the
smooth running of the criminal justice system. The bulk of their work is associated
with the voluminous statutory requirements for victim notification of all critical stages
of the case, as well as obtaining information needed for restitution claims. As they are
not social workers or therapists, the victim advocates do not provide counseling to
victims or witnesses; however, they can refer them to services.
The advocates all have a caseload of assigned cases, and some have a specialty, such as
domestic violence, or child abuse. As the VAs are assigned to a case, there will be
continuity of care with the victims in that case. On average each VA carries about
120 to 150 cases at any given time. They occasionally receive assistance from interns
who can help with some tasks. Every morning the supervisor and the victim
advocates "huddle" to discuss the day's work and how it will be covered. It is close
knit group of colleagues that enjoy their work and each other.
In many instances the VA has more contact with victims than the assigned attorney.
As a result, they are the face of the DCDAO for a large percentage of the work done
by the Office.
The VA supervisor attends various multi -disciplinary groups on such issues as
domestic violence and child abuse. She also provides the victim's point of view to the
Office as it develops new programs, such as the Emerging Adult Program.
The victim advocates have a wide variety of tasks, including:
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• Victim Rights Notifications: Providing the many victim rights notifications that
occur at all critical stages of the case, including every continuance in court. This
involves sending letters and making phone calls to notify the victims of their
rights. These requirements are very time consuming and take up much of the
advocate's time.
• Restitution: Contacting victims and witnesses to determine and verify the
amount of restitution needed. Restitution payments, that are made through the
court, are an important function of the DCDAO and contributes to the
community's appreciation of government services.
• Explaining the Criminal Justice System: Explaining the criminal justice system
and victim rights to victims. Before the pandemic, this was often done in person;
now it is done remotely.
• Assisting with Protective Orders: Explaining how and when to get protective
orders.
• Safety Planning: Providing safety planning to victims who may be at risk as a
result of the pending criminal matter.
• Referrals: Providing referrals to social services and counseling.
• Court Scheduling: Notifying victims and witnesses of upcoming court
proceedings and where and when they have to appear.
• Assistance During Court Proceedings: Helping victims or witnesses when they
are required to come to court. The VA will often accompany them to the
courtroom to provide support.
Issues
• Victim Notification Requirements Absorb Much of a VA's Time: The VAs
have too many cases, especially since the recent departure of a VA. The DCDAO
has attempted to recruit volunteers to assist with the VA work, however, since
most of the work is clerical, it has been difficult to recruit volunteers. The VA
have so much paperwork associated with the statutory requirements, that they
have little time to reach out to victims to provide services. Their spill -over work is
given to the TAs.
• Provide Services to Witnesses of Crimes: The VAs have no time to work with
witnesses of crimes, who may not be victims, but are just as essential to criminal
case and may also require services.
• No Social Worker or Clinician on Staff: Though the victim advocates are able
to refer victims to services, none of the staff are social workers or clinicians who
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can counsel victims or advise the prosecutors about how to deal with traumatized
victims.
• Tracking Victim/Witness Notifications and Contact Information: Victim
notifications and victim contacts are tracked in PbK. However, much of this has
to be done manually and the work has not been streamlined. Thus, every morning
the supervisor has the time-consuming task of manually entering data into PbK in
order to allow her staff to do their various tasks during the day.
• Standard Collection of Contact Information: Contact information for victims
and witnesses is essential, as cases are lost when witnesses cannot be found. The
Office does not have a standard list of questions to help the VA and lawyers to
gather needed contact information, which can then be entered into PbK.
• Restitution: Coordinating and staying on -top of restitution is an on -going
problem for the Office and there is a backlog. In light of their other important
duties, restitution can be a distraction to both the lawyers and support staff and
does not receive the attention it deserves.
• Reliance on VAs to Talk with Victims: The prosecutors sometimes rely too
much on the VAs to contact victims.
• Lawyers Unaware of VA Duties: Prosecutors may be unaware of all the tasks
performed by VA, what services are available for victims and witnesses, and the
limitations on what the VA can do for victims.
• Overflow Work to TAs: There are about 1,000 "unassigned cases" that the VAs
cannot handle and are therefore re -assigned to the TAs. The TAs have not
received sufficient training in this task or in how to talk with victims, particularly
those who are upset or angry.
Recommendations
• Replace the VA Who Left: Victim advocacy work is fundamental to a District
Attorney's Office and to the citizens of Deschutes County. Victim advocates
provide notifications and support to those who need it most and instill confidence
in the criminal justice system. Given the voluminous amount of information that
is statutorily required for victims, an additional VA is needed to keep up with that
work.
• Hire a VA with Clinical or Social Work Experience: Consideration should be
given to hiring a VA with clinical or social work experience, so more meaningful
support can be given to victims and witnesses. This position should be in addition
to replacing the VA who recently left the Office.
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• Contact Information for Victims and Witnesses: The Office should develop a
standard set of questions for the VA to ask the victims and witnesses regarding
their contact information. The list should include contacts for family and friends.
The VA should also ask "How do you communicate?" because some
victims/witnesses use social media to communicate rather than emails and texting.
The information should be added into PbK.
• Outreach to Witnesses: The Office should develop a plan for how the VA can
reach out to witnesses, who are not also victims. Witnesses, who are essential to a
criminal case, often need just as much support and services as a victim.
• Survey of Local Service Providers: The DCDAO should conduct a survey of
available victim/witness resources in the county, as well as assessing their
effectiveness. A list of reliable programs should be kept by the Office and updated
regularly.
• Regular Meetings with Service Providers: The DCDAO should host meetings
with the local service providers so that relationships are formed, and the staff is
familiar with their resources. Often victims and witnesses have a variety of issues
that can benefit from a coordinated approach across government agencies.
Where there are gaps in services, the DA can advocate for a coordinated solution.
• Training for VAs and TAs: The VAs and TAs should attend regular trainings or
webinars on how to work with victims and witnesses in a trauma -informed way.
Training on how to provide safety planning for victims and witness would also be
beneficial.
• Automating and Streamlining VA Work: Automating various aspects of the
VAs work will save time. PbK should be reviewed to assess how to further
streamline victim notifications and outreach. The pandemic has demonstrated that
much outreach can be done remotely, including contacts with victims and
witnesses. The VA staff should receive additional training on PbK and how it can
make their work more efficient. For example, PbK can now text victims though
an office computer or office cellphone. Some VAs may need an office cellphone
as they understandably do not want to use their personal phones to text victims.
• Training for Legal Staff: The legal staff are not fully informed about what a
VA's work entails and what services can be offered. The lawyers should receive
training on the VA tasks, how to update victim/witness contact information,
office policy on when they are required to speak with victims and witnesses, what
services are available, and how to speak with witnesses in a trauma informed way.
• Restitution: Restitution is important to victims and can be a part of restorative
justice for the defendant. It is also a helpful form of community outreach, as it
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demonstrates the benefit of government. The Office should designate a
restitution coordinator on the legal staff, as well as a VA/TA point person. Some
restitution matters require complicated civil litigation for which some lawyers have
little training. This may be an excellent task for a modified -duty attorney and a
part-time VA/TA.
Grand Jury
With a few exceptions, in order to prosecute a felony case, it must go before a Grand
Jury so the grand jurors can decide whether to vote for an indictment. The DCDAO
is benefited by two experienced Grand Jury coordinators who schedule the grand jury
presentations and coordinate appearances of witnesses, both police and civilian. PbK
assists with managing the grand jury process as both the lawyers and the grand jury
coordinators can enter information regarding the upcoming presentations. PbK can
be used to text witnesses about upcoming cases. During COVID some witnesses
have been allowed to testify by video. This has been a helpful practice, particularly
for police officers who can testify without leaving their shift.
Oregon law sets timelines for defendants that are in -custody, so these cases get
priority and are up to date. However, there is a backlog of out -of -custody cases that
are awaiting presentation to the grand jury. When the pandemic lifts there will be
much additional work for the prosecutors.
As discussed in the Training section of this report, more training is needed for the
younger lawyers on how to prepare for Grand Jury presentations. The grand jury
coordinators should assist with this training.
Discovery
Prosecutors are obligated by discovery statutes to turn over most aspects of their case
to the defense. It is very time-consuming to collect all the needed materials from the
police, the laboratories and the witnesses. This task has become even more complex
as the amount of digital evidence in criminal cases is exploding.
The DCDAO has developed a method to share discoverable materials, including
digital evidence, through their case management system. This is a great benefit to the
Office as PbK can keep track of what was turned over to the defense and when. The
system can also apply a unique number to each document so there is a clear record of
what was provided to the defense. The following is an illustration of the discovery
process:
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Shared folder
pK
PBK Prod
10
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The TAs spend much of their time collecting discovery for the lawyers to review and
approve for transmittal to the defense. As discussed in the Intake section of this
report, the electronic transmittal of police documents into PbK will make the
discovery process more efficient.
Other Office Staff
General
Executive Assistant
The Executive Assistant to the District Attorney covers many tasks that continue to
grow given her ability to get things done. She serves as support to the DA and the
DCDAO for numerous tasks which include:
• Trial assistant and administrative work for the DA
• Coordinating DA's meetings and travel
• Preparing office -related reports and presentations
• Reviewing and approving all account payable items
• Maintaining the DCDAO budget throughout the year, including various office
accounts
• Assisting in the fiscal year budgeting process
• Media liaison for the DA and overseeing press releases
• Overseeing grant reporting
• Assisting with on -boarding of new staff
10 Deschutes County District Attorney's Office Briefing Book — 2020 on file with PCE
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Administrative Supervisor
The Administrative Supervisor is part of the management team. She has a variety of
tasks that include:
• Payroll
• Supervising the receptionist and the public records coordinator
• Office operations, such as building and repair issues
• On -boarding of new staff on administrative matters
• Coordination of non -legal training
• Allocation of office space
Public Record Requests
The Office has one member of its staff devoted to addressing public records requests.
She is supervised by the Administrative Supervisor and receives legal guidance from a
CDAA. Public records requests are increasing. Given the growing workload, the
receptionist, who is looking for new challenges, is being cross trained in handling
public record requests. The Office should assess whether this additional help is
sufficient to cover the number of requests received by the DCDAO.
Receptionist
The receptionist has a variety of tasks, demonstrating the Office's willingness to be
creative with assigning work to its staff. These tasks include:
• Answering phones
• Handling the front desk
• Filing documents in PbK
• Collecting laboratory reports through the LIMS system
• Processing of checks for discovery
• Cross training in public records requests
If the receptionist has time, she may be able to provide some assistance to the Victim
Advocates who sit on the same floor as the receptionist.
investigators
The two office investigators were recently hired and not interviewed by PCE. It is
recommended that they receive training on internet and social media searches, so they
can assist with obtaining valuable evidence for the attorneys.
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
56
Issues
• Define the Roles: Some of the staff in this section have ill-defined roles.
• Cross -Training: There is insufficient cross -training to allow for seamless
coverage should the administrative supervisor, the executive assistant or the
receptionist be unavailable.
Recommendations
• Roles and Classifications: Once the roles of the staff are defined, then their HR
classifications should also be re-evaluated.
• Cross -Training: In some instances, there is only one staff member who knows
how to complete a needed task. This is a risk to the Office if that staff member is
out or leaves the Office. An analysis should be done as to who needs cross -
training and on which tasks.
Community Outreach
General
The DCDAO does not have a community outreach staff position, however, the DA
has made significant efforts to get input from the community. In 2015, the DA
created the DeschutesSafe initiative by forming a community based advisory panel
that provided input into the Office's crime reduction programs. The DA also held a
series of open forum meetings to get further input from the community about his
proposals.
In August of 2020, the DCDAO partnered with Allyship in Action, a Central Oregon
collaborative of consultants committed to advancing equity and social justice. The
goal was to assess DCDAO's work both within the Office and with the community
on issues of diversity, equity, and inclusion. Through surveys and interviews, Allyship
in Action reported that the public and victims of crimes do not clearly understand the
criminal justice system or the role of the prosecutor and that there was an interest in
working more collaboratively with the DCDAO.
Issues
Though the DA is frequently in the news and provides information to the community
in this fashion, the Office does not have a consistent community outreach strategy.
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
57
Recommendations
• Community Advisory Board: The DA should revitalize DeschutesSafe or create
a Community Advisory Board that can provide continuing input on crime issues
and new initiatives.
• Open Forum Meetings: The DA can continue the open forum meetings that
were held in 2016. The meetings can center around issues of general concern, for
example, opioid overdoses, drunken driving, or homelessness.
• Youth Education Programs: Though the DCDAO does some education
programs in schools, it can develop a regular education program for middle and
high school students that explains the criminal justice system and highlights the
many types of jobs that exist in that system. Lawyers, police officers, victim
advocates, trial assistants, and others can participate in the program. There may be
educators who can assist with curriculum development.
• Adult Education Programs: As the Allyship report noted, the public does not
understand the role of the prosecutor. The DCDAO can form a Citizen's
Academy for adults with regularly scheduled classes taught by prosecutors and
police on criminal justice topics.
• Multi -Disciplinary Approach to Repeat Offenders: The DA can convene
stakeholders, such as hospitals, schools, police, and social services to develop a
multi -disciplinary individualized approach to repeat offenders with mental illness
and substance abuse. This can be coordinated with some of the multi -disciplinary
meetings outlined above.
• Improve Website: The DCDAO's website should be improved to include
educational materials about the criminal justice system, public service bulletins (e.g.
how to obtain Narcan), and schedules of community events. The DA can seek
input from a community advisory committee about what should be on the website.
Once the Office's data is improved, the Office can post its data on the website.
Police
General
Deschutes County has an elected Sheriff and 5 police departments, the largest two
departments being the Sheriff and the Bend Police Department. The county has a
major incident team that works collaboratively when serious crimes occur. The police
have a good reputation with both the DCDAO and the public defender's office. One
of the CDDAs is the primary liaison with the police. He provides legal advice, gives
regular trainings and responds to major crime scenes. He is held in high regard by the
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
58
police. The DCDAO also assigns senior DDAs to be on -call to answer questions
from the police whenever they arise.
In line with the growing population of Deschutes County, the local police
departments, particularly the Sherriff, have collectively added 24 new officers to their
departments in the past two years.
Issues
• Last Minute Requests: The officers interviewed generally like the DCDAO
though they felt that the Office needs more staff and that they were often asked to
respond to court at the last minute.
• Crime Data: The police do not have an overview of their crime data. Without
coordinated crime data between police departments it is difficult to identify the
most pressing crime issues across departments or to develop an effective strategy.
• Prosecutor Release of Information: The police are concerned that the DA has
prematurely revealed investigative information to the press.
• Growth of the Police Departments: As the Deschutes County population
continues to increase, 24 new officers have been added to the county's police
departments in the last two years. This will increase the number of arrests and put
additional strain on the DCDAO.
• Ongoing Challenges: The officers interviewed all mentioned their concerns
about the growing population of homeless persons, the new law decriminalizing
the possession of drugs, and a new court decision restricting car searches after a
traffic stop.
• Problematic Police Officers: Prosecutors are required to provide the defense
with information about integrity issues about police officers than can be used for
impeachment should they testify at trial. Failure to turn over this information
could result in official disciplinary action by the state's licensing authority against a
prosecutor. The DCDAO does not have a systematic way of assessing and
tracking potential police impeachment material.
Recommencations
• Prosecutor -Police Coordination of Crime Data: The prosecutor is a central
hub for all the police departments and can assist with creating a centralized data
collection system to identify and analyze crime trends. For example, once
countywide data is collected, the prosecutors and the police can strategize about
pressing crime issues such as drug overdoses, or crime issues related to
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
59
homelessness. Modern prosecutors work collectively with their police
departments on this type of analytics.
• Coordination of Release of Information: The police and DA should coordinate
regarding the release of investigative information prior to a press conference,
particularly with regard to victim and witness information.
• DA-Police Collaboration on Ongoing Challenges: The DCDAO, as well as
other agencies in Deschutes County, should work closely with the police to
address the homelessness issue and the new law legalizing drugs. This requires
uniformity across police departments and the participation of the community and
Deschutes County officials.
Courts
General
The courts in Deschutes County have general jurisdiction, which means that the
judges handle criminal, civil, and family court matters of all kinds from the smallest
case to the most serious. The court has 7 judges which includes the presiding judge
who has a reduced caseload. The judges rotate assignments so that they alternate
between overseeing criminal, civil, and family court matters. Four of the seven judges
used to be prosecutors in the DCDAO.
The court has been understaffed for some time and despite many requests for three
more judges over the last 12 years, the Oregon Legislature has not approved the
increase." There is some hope that the request may be granted in the near future. If
so, Deschutes County is prepared to provide expanded facilities for the new judges. If
the judges are moved to new space, it may lead to more space for the DCDAO, as
they currently reside in the same building.
The court supports a Drug Court, but given their limited resources, they are not able
to expand to other types of specialty courts.
Since the beginning of the pandemic, much of the court's work has been done
remotely for in -custody defendants. The court has struggled with technology during
the pandemic as remote video and internet access has been inadequate on occasion.
There continues to be in -person appearances for out -of -custody defendants. A few
trials have taken place during the pandemic, mostly in a courtroom created at the state
fairgrounds, however there is a large backlog of trials looming.
11 Deschutes County District Attorney's Office — Briefing Book — 2020, p. 6 on file with PCE.
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
60
Issues
• Insufficient Judges: Deschutes County does not have enough judges for the
work. This directly impacts the ability to dispose of cases. This is a fundamental
problem that impacts every aspect of the criminal justice system and will become
especially acute when the pandemic lifts and backlogged cases will have to be
resolved.
• Scheduling Trials: The biggest frustration for the DCDAO trial lawyers is the
way the trial docket is handled. The public defender expressed frustration with
this as well. The courts schedule cases for trial on the Thursday before the trial is
set to begin. This provides little notice to the prosecutors as to which cases will go
forward and there is a scramble to line up witnesses and evidence. It is not
uncommon for the prosecutor to receive confirmation of a trial at 4pm on the day
before the trial is to start. This is very difficult for victims and witnesses and there
have been instances where witness have been flown to Oregon to testify, only to
learn that the case was postponed. If a trial does not begin, the case will be
adjourned for over for six months. As a result, there are out -of -custody cases
from 2016 that are awaiting a trial date. The court does not have a list of cases
prioritized for trial.
• Backlog of Warrants: To prevent over -crowding of the jails and the courts
during the pandemic, the courts have not issued warrants for those who failed to
appear in court and other reasons. There is now a large backlog of 700 —1,000
cases in the warrant queue; this is significantly higher than normal. Once these
warrants are issued, it will add much additional work for the DCDAO.
• Relationship with the DA: The DA does not regularly meet with the judges to
discuss policies and procedures of mutual interest. The CDDAs are the DCDAO
liaisons with the court and are well -respected by the judges. Some of the line
prosecutors consider the judges autocratic and abusive. In turn, some of the
judges believe that the quality of the lawyers in the DCADO has deteriorated.
Recommendations
• More Judges and More Space: Deschutes County should advocate for more
judges that are desperately needed. The requirement for more judges will be
painfully apparent as the courts re -open. Even if the Oregon Legislature fails to
appoint new judges, the county should work to have judges temporarily assigned
to the county or recruit retired judges to do some of the more routine matters.
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
61
• More Space for the Courts: Regardless of how additional judges are brought to
the county, they will need additional space. The County should immediately
develop a plan for how to accommodate two or three new judges.
• Develop a Priority Trial System: The DA and the public defender should meet
with the judges to advocate for an improved method of scheduling trials. Other
counties in Oregon have developed a priority trial list that has been successful. A
priority list will give the litigants and the witnesses some notice of which cases are
most likely to go forward, thus reducing wasted time on cases that end up being
adjourned for over for six months, leading to year -long delays.
• Relationship with the DA and the Courts: The DA should meet with the
presiding judge on a regular basis to discuss issues of mutual interest; this can also
be done with the public defender. This regular contact should improve their
relationship and allow the DA to explain new initiatives and hear feedback about
the DCDAO attorneys. The DA can also alert the presiding judge to rude or
inappropriate conduct of the judges.
• Lessons Learned from the Pandemic: The pandemic has revealed many new
methods for appearing in court. This has proven to be a benefit for all concerned,
particularly witnesses and defendants who can appear remotely and do not have to
take time off from work or obtain childcare. The courts, the DCDAO and the
public defender should meet to discuss lessons learned from the pandemic.
Defense Bar
General
The Deschutes Public Defender has 16 attorneys and 4 investigators. Recently two
experienced and well -respected public defenders took over leadership of the Office.
In addition to criminal work, their jurisdiction includes dependency work in the foster
care system, civil commitments for the mentally ill, and juvenile matters. The Office
has hired a social worker so the Office can provide a more holistic approach to the
issues faced by their clients.
The Public Defender is reviewing their caseloads and assessing caseload standards;
this work is not yet complete. Pre -pandemic the public defenders handling felonies
had from 70 to 100 cases and misdemeanor attorneys had 100-140 cases. These
numbers are now lower due to a reduced number of arrests during COVID. It should
be noted that the defense caseloads are generally lower than prosecutor caseloads.
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
62
There is usually a collaborative relationship between the DCDAO and the public
defender. However, one incident where a public defender publicly complained about
a social media post by a prosecutor caused significant friction.
As with the DCDAO, the public defender has seen quite a bit of turnover and the
public defender staff feels overworked.
In various sections of this report, PCE points to issues where the public defender and
the DCDAO can work collaboratively on solutions to the criminal justice challenges
in Deschutes County.
co tions forth Futur
This report focuses on current issues and recommendations for DCADO.
Implementing the recommendations will take time, planning and creativity, however,
it should yield results that will improve the Office, create efficiencies, and allow for
further evolution of the Office.
PCE is available to continue the work with the DCDAO on a number of topics in the
future:
• Presenting the report findings to the Deschutes County Commissioners
• Implementing the report's recommendations
• Improving community outreach
• Developing protocols for:
• Data collection, data audits, and data dashboards
• Crime analysts
• Conviction review process
• Ethics issues
• Enhancing the DCDAO website
Prosecutors' Center for Excellence
Assessment of the Deschutes County District
Attorney's Office
John Hummel District Attorney
1164 NW Bond Street • Bend, Oregon 97701
(541) 388-6520 • Fax: (541) 330-4691
Grand Jury Fax: (541) 330-4698
www. dcda. us
DISTRICT ATTORNEY HUMMEL'S RESPONSE TO PROSECUTORS' CENTER FOR
EXCELLENCE'S OPERATIONS ANALYSIS AND RECOMMENDATIONS
General Overview
The Prosecutors' Center for Excellence (PCE) team was professional, thorough, and insightful in their
work and analysis. PCE's operation improvement recommendations will assist me and my team's
efforts to be to most effective prosecutor office in the country; I thank them for their diligence.
Specific operation improvement recommendations are addressed below under each department heading.
The recommendation related to the staff s desire to see more of me in the day-to-day operations of the
office is understandable, and something that will happen if we are able to implement the staffing and
operations changes recommended in this report. The primary reason the staff does not interact with me
on a daily basis (separate from the fact that most employees have worked from home over the last year
because of COVID) is that I'm in my office handing budgeting, HR matters, all death investigations,
media relations, the development of programs to prevent crime (clean slate, veterans' intervention
strategy, emerging adult program, etc.) and the myriad other administrative oversight responsibilities of
that can only be performed by the District Attorney. With the implementation of the staffing and
operations recommendations contained in the PCE report, I will be freed up to walk around the office
and engage with staff.
Here is a summary of the additional FTE positions that PCE recommended be added to the District
Attorney's Office, followed by my recommendation:
• Deputy District Attorneys:
o PCE's analysis suggests the office is understaffed by four attorneys. However, they
recommend that instead of adding two new attorneys now, the County adds two attorneys
and add new positions in other departments.
• I agree with the recommendation to add two attorneys, and to add positions in
other departments (but if we don't add positons in other departments, I
recommend we add the four attorneys that the data shows we need).
o PCE recommends making the DDA team leads into supervisors.
• I agree with this recommendation.
• Trial Assistants:
o PCE recommends keeping the 1/1 TA to DDA ratio in the office. If we add two new
deputy district attorneys this would require adding two new trial assistants.
• I support adding as many new trial assistants as attorneys, thus I recommend
adding two new trial assistants.
• Human Resources Professional:
o PCE recommends the County adds an HR professional to the DA's office.
• I disagree with this recommendation. I will meet with Kathleen Hinman to discuss
the best way to address the HR needs of the DA's office. Perhaps a dedicated
person in her office to devote a certain amount of hours per month to the DA's
office, or a consultant retained on an as -needed basis. In any event, I am not
recommending adding a new HR FTE to the DA's office.
• Information Technology
o PCE recommends adding one new FTE to the IT staff, or that we retain a consultant to
help us use our case management software to its full potential.
■ I don't recommend adding a new FTE to the staff. I do recommend retaining a
consultant, and we have a grant application pending that makes this request. If we
are not awarded this grant we will assess whether/how to retain a consultant.
• Diversion Programs
o Our diversion programs are managed by a part-time employee. PCE recommends
converting this position to full-time.
■ I support this recommendation.
• Intake
o PCE recommends that we add an FTE to our case intake department. They also
recommend that we improve connectivity with law enforcement agencies in Deschutes
County to streamline the transfer of records from law enforcement to our office.
■ If we are successful in improving our connectivity with law enforcement, as
recommended by PCE, we will not need a new fulltime position; we would only
need a .5 addition. If we're unable to achieve the degree of connectivity that is
envisioned by PCE, I recommend we add a full-time FTE.
• Victims' Assistance Program
o PCE recommends that we fill the current advocate vacancy that that the County adds an
FTE position.
• I support this recommendation.
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Specific Departments Overview
I. Trial Assistants
A. Criminal Justice System Training: PCE recommended providing training to the TAs to build
upon their understanding of the criminal justice system. Excellent recommendation, and we will
fully implement. The process of implantation will be:
• Conduct a survey amongst DAs and TAs to determine what education topics would be
helpful (completed by 7/1/2021)
• Based on the results of the survey work with a senior attorney in office or a designated
trainer out office to develop curriculum/training session (completed by 10/1/2021)
• Facilitate training to TAs (completed by 11/1/2021)
B. Paralegal Training: PCE recommended providing training to the TAs for some legal work such
as writing motions and letters, charging low level cases, and drafting jury charges. Excellent
recommendation, and we will fully implement. The process of implementation will be:
• Work with a senior attorney in the office or a designated trainer outside of the office to
develop curriculum/training sessions (completed by 8/1/2021)
• Facilitate Training to TAs (completed by 10/1/2021)
o We are hesitant to encourage additional training for charging cases and drafting jury
charges as this may push the TA's work out of class and could potentially require a
reclassification of TA work to paralegal work, which would require a much larger
budget for staff. We will do some additional research into job descriptions. If it in
fact would not classify as working out of class, then we would develop additional
trainings.
C. Victim Advocate Training: We recommend fully staffing VAP so that all cases are assigned to
an advocate. If VAP is not fully staffed, and TAs have to continue to provide VAP services, we
will develop clear polices/process for the required services and organize continued trainings to
equip TA staff with the necessary skills to successfully execute these services. These policies
and trainings would be implemented and completed by 1/1/2022.
D. Auditing Data in Karpel: TAs have already started this process with the monthly report
reviews. These reviews are monthly check -ins for the TA supervisor and the TA to evaluate the
TAs caseload and the data that has been entered for the month. The current reports that are run
are: open case with no future court date, number of reminders, TA case clean up, and TA staff
case stats. To improve the auditing process, we will implement the following plan:
Page 3 of 10
• Meet with IT to identify other data points that can be review/monitored (completed by
8/1/2021)
• Work with the TA leads to develop directive/polices for the new reports (completed by
10/1/2021)
• Orientation and training of new reports facilitated to the TAs (completed by 12/1/2021)
E. TAs in Court: The implementation of this process is underway. We have identified a handful of
TAs that are excited about this process, they will be trained first and then serve as trainers for
other TAs as they are introduced to the process. We like PCE' suggestion of assigning each TA
a judge. This will likely be the practice we follow for scheduling TAs in the court. The timeline
for full implantation is:
• Train phase 1 of the TAs on taking notes (completed by 6/5/2021)
• Phase 1 TAs train the remaining TAs (completed by 7/1/2021)
• Permanent schedule is implemented for TAs appearing in court to take notes (8/1/2021)
F. Crime Analyst Training: PCE recommended additional training for some TAs as crime analyst.
We need to review this scope of work to determine if it would be beneficial, and if it would
result in TAs working out of class. Once these assessments are completed we will decide
whether to pursue this recommendation.
II. Information Technology & Case Management System
A. Old Computer Replacement: PCE recommends replacing old computers.
• We have roughly 120 desktops/laptops and have determined that about 10 are either reaching
their 5th cycle year or are still running Windows 7, an operating system no longer supported.
• Our first priority will be to replace the computers still running Windows 7 by June 1st 2021.
• We will be replacing all laptops and desktops reaching their 4th or 5th year after budget
replenishment on July 1st 2021 and before September 1st 2021.
B. Court/LE Integration: PCE has recommended in several areas to enhance our current
interface/data exchanges with other agencies.
• The report undervalued the amount of integrations that are currently active. We have
anywhere between 3-5 data feeds between each agency that exchange valuable information
such as court dates, court numbers, subpoenas, charging information, evidence item
information, and officer vacation schedules.
• We have had several previous discussions with law enforcement agencies on this topic, and
by July 1, 2021, will have a plan to address the whether/how of additional integration.
Page 4 of 10
• We have reached the limits of integrating our case management system with the courts.
Unfortunately, at this time no further integration is available.
C. Data entry discrepancies: PCE has recommended the need for improving our data entry process
through several means. We agree that continuing to work on cleaning and improving our data
entry should be a high priority.
D. Training/Onboarding: PCE has highly emphasized the importance of improving our training
and onboarding process. The office has made tremendous growth in the last year in these areas,
and we know we can and must do better.
• By August 1st 2021 I will have a much more efficient and structured onboarding process
when it comes to our case management system Karpel.
• The IT team will work with our internal case management and paperless group to establish
case management trainings going forward.
E. Reorganizing IT staff: PCE has recommended changing the current organizational structure of
IT. In the assessment they suggest "one member of the IT staff should be designated as the
supervisor and that person should report to the CDDAs, rather than to the DA". We believe the
IT department benefits from having an autonomous methodology and I disagree with the
recommendation, however, we believe there should be adjustments in how we operate internally
for better accountability:
• IT will implement an internal incident/ticketing system. This system will provide clear
understanding of incident prioritization, delegation of tasks, and timelines for project
completion to both IT and the requestor. This would result in accountability for the IT team
while providing status information to requestors. This system will be implemented by July
1st
III. Victims Assistance Program
The time and task portion of the PCE analysis showed that Victim Advocates work 7.4 hours per day
and 36.8 hours per week, which reveals the advocates are working through lunches and breaks to get the
job done.
A. Replace the Advocate Who Left. PCE recognized that in order to keep up with statutory victim
rights obligations, VAP will need to replace the vacancy within the team. This is fully supported.
• Although PCE did not mention this in their analysis, there is ongoing need to hire a
Bilingual Victim Advocate. We have already worked with Finance to budget for this need
in our projected FY 22 budget. (Already Completed)
• Once the FY 22 budget is approved, work with HR to fill the Victim Advocate vacancy.
(Complete hopefully by June 2021 for an early July start date)
Page 5 of 10
B. Hire an Advocate with Clinical or Social Work Experience. In a follow up phone call with
PCE to gain additional perspective on this recommendation, it was learned that PCE was
unaware that the majority of advocates have degrees in a social service field and prior social
work experience. Given the voluminous caseloads, our advocates don't have the time to provide
the enhanced direct services that a social worker typically does and PCE has seen in more
modernized DA Offices. Overall, this recommendation would be to add an 8th Victim Advocate
to VAP. This recommendation is supported and VAP will continue to utilize their existing hiring
practices to search out the most qualified candidate to join the DA's Office. Victims Assistance
will also work towards ensuring staff are spending more time providing enhanced direct services
with victims and less time completing paperwork, per a recommendation addressed below.
• Work with HR to ensure that social work experience is outlined as a preferred quality of
an applicant in the Victim Advocate Position Description. (Complete before posting both
Victim Advocate vacancies June 2021)
• If the FY 22 budget is approved, work with HR to fill the Victim Advocate vacancy
(Complete by June 2021 for an early July start date)
C. Contact Information for Victims and Witnesses. PCE recommends a standardized set of
questions to get alternate contact information for victims and witnesses in a case.
• Currently, Karpel (our case management program) limits our collection of contact
information to the standard forms of communication (Phone, address and a singular
email). We will ask the Karpel programmers to consider updating the software to add a
social media contact information field, as well as a way to document more than one email
address. (Complete by June 2021)
• Discuss victim contact information collection and documentation at the Oregon Victim
Advocate Karpel User Group Meeting. (Complete by June 2021)
• Discuss contact information collection and documentation at the Paperless Team meeting
to see how we want to address collecting and documenting this information up front
while there is no designated space in Karpel. (Complete by July 2021)
• Draft and discuss office policy around contacting victims and witnesses through social
media outlets (Complete by September 2021)
D. Outreach to Witnesses. PCE recommends that VAP be staffed at a level where they can provide
services to witnesses who are experiencing trauma, but are not designated as victims within the
criminal case. In a recent phone call with PCE, they provided clarity that this recommendation
can only be accomplished in conjunction with their other recommendations regarding
streamlining documentation in Karpel and reducing some advocate work on restitution to free up
advocate capacity. This is a long-term goal for VAP.
• Survey DA and TA team regarding the scope of how many witnesses they foresee VAP
needing to connect with (Complete by 10/1/2021)
• Meet with VAP team to strategize ways to manage new caseload and document these
contacts (Complete by 2/1/2022)
• Update VAP policy and procedure manual (Complete by 3/1/2022)
• Slowly assimilate highest acuity witness contacts into VAP caseload starting April 2022
Page 6 of 10
• Create report to closely manage requests for witness contact to determine workload needs
and capabilities. (3/1/2022)
E. Survey of Local Service Providers. PCE recommends that VAP maintain a list of local
resources in the office to provide to victims. They also recommend VAP evaluate the
effectiveness of service providers on the list. Given each victim/survivor reports a different
experience with service providers, an evaluation of the effectiveness of outside programs would
be too time-consuming to be completed by our team (and outside the scope of our expertise).
• VAP already maintains a list of service providers which is stored on the shared drive for
advocates to access and update at any time.
• Create a formal calendar for reviewing and updating service provider list (Complete by
7/1/2021)
F. Regular Meetings with Service Providers. PCE recommends that VAP host regular team
meetings in which local service providers can attend and share their services.
• VAP already hosts regular unit meetings in which local service providers attend and
discuss service provision. (Already completed)
• VAP will establish a monthly calendar for 2022 unit meetings to ensure we host at least
one service provider a month (Complete 12/1/2021)
G. Training for VAs and TAs. PCE recommends VAP and TAs attend regular trainings on
working with victims and witnesses in a trauma -informed way. A training on safety planning
was also recommended.
• VAP attends regular ongoing training in which topics frequently include Trauma
Informed Service Delivery, Vicarious Trauma, Safety Planning. (Already Completed)
• VAP will extend future invitations for training to Kara Palacio, TA manager for her
determination on whether or not it is appropriate for her team to attend.
H. Automating and Streamlining VA Work. PCE recommends investments be made in the
documentation system to streamline VA work and reduce extraneous documentation.
• Manager will meet with the Oregon Karpel Workgroup to discuss streamlining
capabilities. (Complete by June 2021)
• Manager will work with our IT team to write enhancement requests for any streamlining
option not already existing in Karpel (Complete by July 2021)
• VAP will work with IT to determine if there are any existing capabilities within Karpel
that aren't already in use (Complete by July 2021)
• Manager will work with IT to determine if any additional work-arounds can be developed
outside of Karpel to enhance/streamline victims' services. (Complete by 1/1/2022)
I. Training Legal Staff. PCE recommends a training be offered to the DDA Team surrounding
services provided by VAP.
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• Survey will be sent to DDAs to determine what information they would like to see
contained in a training (Complete by 12/1/2021)
• Deliver a training on VAP services to legal staff (Complete by 4/1/2022)
J. Improvements to Restitution. PCE recommends designating an attorney as a point of contact
for restitution coordination. Given the vertical prosecution within the office, it may pose
additional challenges to have a singular point of contact to make decisions regarding restitution
on other attorneys' cases. However, it would create consistency for both the VAP team and the
courts to receive consistent restitution information from the DA' s Office. Should the DA's
Office designate a Legal Restitution Coordinator, VAP will work with that person to streamline
restitution processes.
IV. Chief Deputy District Attorneys and Deputy District Attorneys
A. Chief Deputies not carrying a caseload/ Clarifying roles
• The volume, scope and breadth of CDDA work results in a situation in our Chief
Deputies are deciding what can wait to be done each day instead of focusing on what
needs to be done. An occasional day of not being available for DDAs is not problematic,
but the Chief Deputies have been consistently less and less available for management and
supervision, negatively impacting the quality of their work and supervision. With
additional staffing and implementation of related recommendations, we can implement
Chief deputies not carrying caseload, and moving to more of a
management/supervision/quality control/mentoring role within 45 days.
• Clarification of Chief Deputy roles and reassignment of tasks would utilize the
experience, knowledge and judgment of the Chief Deputies and allow them to be more
available to the attorneys. The Team Leads recently provided feedback that many of the
DDAs don't seek guidance from the Chief Deputies because they are perceived as being
too busy to assist them. The recommendation for office hours and time to check -in with
DDAs is something we want to implement.
• Implementation of this recommendation would allow the Chief Deputies to engage in
many of the other specific recommendations in the assessment (e.g. evaluating
productivity of DDAs and efficacy of programs; Policies and Procedures;
complete/additional electronic evidence) and protocols for on -boarding new attorneys.
B. Change Team Structure
• The analysis of confidential feedback, objective data of time tracking and Karpel data,
and the experience of PCE led to this recommendation. With careful consideration and
inclusion of the office as a whole, this recommendation is supported. Implementation, if
done correctly, would take 60-90 days. Related recommendations, including how intake
is assigned are supported.
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C. Data Metrics to assess workload (management reports -caseload dashboard)
• This has been a longstanding request and some work has been done to date, but changing
case management systems, availability of IT staff due to their workload, and Chief
Deputy workloads has prevented the development of productivity metrics and
dashboards, establishing the accuracy of DCDA data and the ability to audit the data.
This recommendation should be implemented immediately after a determination of what
data set is reliable and accurate.
D. Team Leads as Supervisors (docket)/Evaluations by Team Leads as Supervisors
• Team Leads should be supervisors. The current system is cumbersome, inefficient and
compromises our ability to share information between Team Leads and CDDAs. To
provide full support to, and supervision of, DDAs, Team Leads should be supervisors not
leads; Team Leads are in a better position to evaluate performance of DDAs. The
supervision ratios for the Chief Deputies are too high. This recommendation should be
implemented immediately.
o A complicating factor may be removal from the district attorney union, which
should be considered and discussed with the Team Leads and the association prior
to implementation.
o The new employee evaluation process was created as part of a workgroup
involving DDAs, VAP, TAs and supervisors. We have received positive
feedback on the process.
E. Hire/Contract with HR Professional
• We're confident we do not need a full-time HR professional employed by the DA's
office. We will discuss with Kathleen Hinman whether additional HR resources are
needed in the DA's office, and if they are needed, whether this is handled by her office,
by a part-time employee, by a consultant, etc.
F. Management Training
• Training the management team, and the adoption of consistent management approaches,
is fully supported and could be implemented once the office structure is finalized.
G. Office Morale -Boost
• Implementation of the recommendations contained in the PCE assessment will likely
result in a boost in morale. Some of the specific recommendations can and will be
implemented immediately.
• Other recommendations such as more office space and remote work would boost morale
but may take more time.
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o The impact of the understaffed court on DCDA is noted in the assessment;
supporting the effort to fully staff the Circuit Court, and providing the Court with
additional and separate office space will also positively impact DCDA.
o Retaining DDAs, reducing workload and performance; and training is intensive,
time consuming, and necessary.
V. Office -Wide Considerations
A. Work Space. PCE recommends more space for staff and for teams to sit in close proximity of
each other. We support and agree with this recommendation, but our existing workspace has
reached its capacity. To implement this recommendation, we would need to do the following:
• Request usage of the stone building until such time the Justice Center expands opening
up the second floor of the courthouse for the District Attorney's Office.
• Upon approval for the continued use of the stone building, create offices and cubicles to
accommodate a team from our office.
• Desk sharing is not feasible with current work requirements. DDAs frequently need to be
in court on the same day. DDAs and TAs both work confidential cases which require
personal space due to CJIS and confidentiality requirements.
B. Morale. PCE has recommended several ideas and activities to boost morale in the office. Some
of these activities were in place pre-Covid. We will focus on re-establishing these activities and
additional ideas as employees return to the office:
• Create a "Make It Better" committee including at least one person from each department
to ensure equal representation. This committee will assist the Office Manager in creating
workplace activities and morale boosting ideas. (Complete 9/1/2021)
• Plan employee recognition picnic (TBD COVID dependent)
C. Public Records Requests. PCE has made no specific recommendations for this position, but
acknowledges the expected increase in workload in the near future. PRRs are handled by our
half time file clerk through additional hours. She is currently averaging 35 hours a week. Given
the timeliness requirements of PRRs, this work continues to take priority over file clerk duties.
As additional requests come in, a more permanent solution will need to be determined.
Page 10 of 10
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 BOCC Wednesday Meeting of May 19, 2021
DATE: May 13, 2021
FROM: Nahad Sadr-Azodi, Health Services,
TITLE OF AGENDA ITEM:
Consideration of Board Approval to Apply for Community -Led Health Care Innovation
Grant Funds
RECOMMENDATION & ACTION REQUESTED:
Staff recommend approval to apply for Community -Led Health Care Innovation grant
funds.
BACKGROUND AND POLICY IMPLICATIONS:
Central Oregon Health Quality Alliance is seeking applicants for funding up to $40,000 per
applicant for Community -Led Health Care Innovation: Innovations to improve community
health, health care, and patient or provider experience.
Central Oregon's Perinatal Care Continuum (PCC) is a community -developed and public
health led program to assist pregnant and postpartum individuals in Central Oregon
access health insurance, prenatal care, nutritional services, and other referrals with ease
and dignity. The PCC program was developed and implemented in 2016 in response to
Central Oregon's worsening maternal health and birth outcomes (Oregon Health
Authority, Maternal and Child Health, 2017). The program now serves approximately 60%
of all pregnant persons in Central Oregon, mostly low-income and vulnerable populations.
In March 2021, Oregon Health Authority's Healthy Together featured PCC as a promising
model and intervention for improving maternal health and birth outcomes across Oregon.
PCC's long-term viability in Central Oregon, but also at other sites, will rely on
formalizations of processes, continuous reviews, and improvements. These are all part of
evaluation measures central to evidence -based public health practice. To do so, PCC
wishes to create a comprehensive handbook and to establish an evaluation methodology
to measure the effects of the program continuously. These evaluation measures are
pertinent to sustainable funding mechanisms (i.e., federal Title V and insurance
reimbursements), but also central to transfer into other sites.
Although the full extent of the evaluation project is outside the monetary scope of this
application, we have defined two goals within the overall project which can be
accomplished on their own and are pertinent to the program's sustainability, and transfer.
No negative policy implications are foreseen.
FISCAL IMPLICATIONS:
Personnel Costs
Regional PCC Coordinator $11,100
Materials & Services
Contracted services 12,134
Graphic design 8,000
Participant gift cards 1,000
Atlas.ti license x 2 300
TOTAL $38,817
ATTENDANCE: Christina Jaderholm, PhD student and Graduate Research Assistant,
OHSU; Erin Hoar, Regional Perinatal Care Coordinator; Pamela Ferguson, Healthy
People & Families Program Manager -- via Zoom