2025-403-Order No. 2025-056 Recorded 12/1/2025REVIEWED REcorded in Deschutes County .^�
Steve Dennison, County Clerk �°,�®G�'���ppF0p��
`l Commissioners' .journal 12/01 /2025 11:38:11 AM
LEGAL COUNSEL
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2025-403
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Appointing Thomas D. Andrade to
Director Position #2 on the Swalley Irrigation
District Board of Directors
ORDER NO. 2025-056
WHEREAS, Swalley Irrigation District is formed under ORS Chapter 545, maintains its administrative
office in Deschutes County, and serves irrigation water to lands lying between Bend and Redmond; and
WHEREAS, as a result of two untimely deaths in the past two weeks, the District presently has just one
board member and cannot meet public meeting quorum requirements; and
WHEREAS, ORS 198.320 provides that the County Commissioners shall promptly fill any vacancy of
the District board when necessary to satisfy quorum requirements; and
WHEREAS, the District has determined that Thomas D. Andrade meets all requirements for
appointment, and Mr. Andrade has confirmed that he will accept appointment; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS AS FOLLOWS:
Section 1. Pursuant to ORS 198.320, Thomas D. Andrade is appointed as Director #2 on the Swalley
Irrigation District Board of Directors, effective immediately, and to serve out the remainder of the term which
expires on December 31, 2026.
Sectioonf 2. This Order shall take effect upon adoption.
Dated this I of LVU Y - , 2025 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES C"UNTY, OREGON
ATTEST:
Recording Secretary
EBONE, Chair
PHIL CHANG, Coy missioner
PAGE 1 of l —ORDER NO.2025-056
ES Co
o :b �-ABOARD OF
COMMISSIONERS
MEETING DATE: November 17, 2025
SUBJECT: Appointment of Director to the Swalley Irrigation District
RECOMMENDED ACTION:
Move approval of Board Order No. 2025-056, appointing Thomas D. Andrade to Director
Position #2 on the Swalley Irrigation District Board of Directors.
BACKGROUND AND POLICY IMPLICATIONS:
Swalley Irrigation District is an irrigation district formed under Oregon Revised Statutes
chapter 545. The District serves irrigation water to lands lying between Bend and Redmond.
The District boundary is approximately 14 miles long (north to south) and 4 miles wide and
serves approximately 668 accounts within a 17,000-acre service territory. The District is
governed by a three member board of directors.
During the week of November 3, 2025, two of the District's three board members passed away
within days of one another. Their untimely deaths left the District with only a single surviving
board member and no legal ability to meet the quorum requirement to hold a public meeting.
The District has, therefore, requested that the Board of County Commissioners intervene using
their power under ORS 198.320 to appoint a new director to one of the open board seats.
ORS 198.320 provides the appropriate process to fill the vacancies: ORS 198.320 Filling of
vacancies on governing bodies of certain districts. (1) Except as otherwise provided by law,
a vacancy in an elected office in the membership of the governing body of a district shall be
filled by appointment by a majority of the remaining members of the governing body. If a
majority of the membership of the governing body is vacant or if a majority cannot agree, the
vacancies shall be filled promptly by the county court of the county in which the administrative
office of the district is located.
The District is requesting that the County Commissioners appoint Mr. Thomas D. Andrade to
the Swalley Irrigation District At -Large Board Position #2 to serve out the remainder of the
term for that position, which expires on December 31, 2026.
Once Mr. Andrade is seated, the District will be in a position to fill the remaining vacancy using
the process set forth in ORS 545.188.
The District has confirmed that Mr. Andrade meets the requisite criteria under ORS 545.043
and 545.188 to be appointed to the vacant Board of Directors seat —namely that he is "a
resident of the State of Oregon who is a bona fide owner, or a shareholder of a bona fide
corporate owner, of land situated in the district." Mr. Andrade has confirmed that he will
accept appointment.
BUDGET IMPACTS:
None
ATTENDANCE:
District Representatives
County Legal