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HomeMy WebLinkAbout2010-12-08 Business Meeting MinutesDeschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, DECEMBER 8, 2010 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Mark Pilliod and Chris Bell, County Counsel; Tom Anderson, Nick Lelack and Paul Blikstad; Debbie Legg, Personnel; David Givans, Internal Auditor; and about twenty other citizens. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Cadets of the Oregon Youth Challenge attended the meeting, and Chair Luke asked them to identify themselves and where they are from. The Board congratulated them on their hard work to complete the course, which is difficult. The Cadets have helped with Special Olympics, reforestation programs, cleaning up parks, working with elementary school students (SMART program), and other community activities on top of their studies and chores at the facility. The Cadets explained what their future plans are, either in the military, completing high school or going on to college. Commissioner Luke pointed out that this is a voluntary program, and it takes courage and commitment to stay with it. At Chair Luke’s request, Nick Lelack gave an overview of how his Department sets goals and gets its work done, and how the Department works with other entities and the public. Commissioner Luke presented Paul Blikstad and Nick Lelack with orange flamingos, as a result of the Oregon State vs. the University of Oregon game held the previous week. (U of O was the victor.) Minutes of Board of Commissioners’ Business Meeting Wednesday, December 8, 2010 Page 1 of 8 Pages Minutes of Board of Commissioners’ Business Meeting Wednesday, December 8, 2010 Page 2 of 8 Pages 2. Before the Board was Consideration of Signature of Document Nos. 2010- 716 and 2010-717, Deeds of Dedication for a New Road Approved under Application No. RD-06-3 (Bill Martin Road). Paul Blikstad gave a brief overview of the item, which concerns a new road that primarily serves Tumalo Irrigating District property near Laidlaw Butte. The County also owns a parcel in the same area, necessitating two deeds. The primary access is via Tumalo Reservoir Road. There was some opposition to the original partition, but not the road dedications. There will be the potential of ten additional dwellings in the area. Sharon Smith, an attorney representing Tumalo Irrigation District, said that Bill Martin was a TID board member who passed away recently. BANEY: Move approval of the deeds of dedication. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of First Reading of Ordinance No. 2010-033, Amending Code in regard to Contractor Insurance Indemnification. Mark Pilliod explained that the contracts used by the County contain standard language. In some cases, contractors will come to the County with their own forms, and to expedite the process, sometimes those forms are used. However, County Code is referenced in these cases. The Code does not include an indemnification clause, so this will serve to change Code to include these provisions. The second reading will be scheduled as soon as possible after two weeks, probably on December 27 or 29. BANEY: Move first reading of Ordinance No. 2010-033. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, December 8, 2010 Page 3 of 8 Pages 4. Before the Board was Consideration of Public Comments and Consideration of Approval of Document No. 2010-718, a Collective Bargaining Agreement with the Deschutes County District Attorneys Association. Dave Kanner said that there is a misconception that the Board encouraged the creation of this bargaining unit. The Deputy District Attorneys went through the proper process on their own and voted to create it by a vote of 10 to 5. It is illegal for the County to decline to bargain in good faith with them, and the County cannot interfere with the formation or operation of a bargaining unit. This is an unusual situation in that the Deputy D.A.’s historically are non- represented in the County. They are State officials but are paid by the County, so therefore are County employees. Some aspects of the definition of employer apply to both the County and to the State. There are mandatory subjects of bargaining, which are provided by the County, such as pay, vacation and sick time, and so on. The negotiations were unusual in his experience in that the employee unit indicated there was only one main issue that mattered to them, and that was just cause for termination. The resulting proposal included a broad just cause provision. Mark Pilliod clarified that ‘just cause’ means that discharge has to be based on a good reason, which is performance, compliance with laws and County policies, and so on. Typically the just cause provision is not the only thing of interest in a union agreement. The Association wanted to make sure there was also a review of the process and how it is applied. Normally, this would involve a third party. The just cause provision was coupled with a third party review. Mr. Kanner stated that in the proposed agreement, there is no guarantee of an increase in pay, vacation time or benefits. The grievance procedure allows for a reference judge to make that decision if agreement can not be reached. Ron Boozell, a Bend resident, said that he supports the need for District Attorney-elect Patrick Flaherty to select a staff of his own to be able to fulfill the promises he made while running for office. Minutes of Board of Commissioners’ Business Meeting Wednesday, December 8, 2010 Page 4 of 8 Pages Brian Fish said that he had several concerns. The primary job of the D.A. is to decide which cases to prosecute and how to do that. Much of that is done in a courtroom. Chair Luke said that the cases come first to the D.A.’s office, where a decision is made whether it should go to a grand jury. Much of the work is actually done outside of the courtroom. Mr. Fish asked whether the views and ethics of whoever is presenting a case to the Grand Jury are important. Chair Luke said that the D.A. and all attorneys are subject to the laws of the State. The Deputy D.A.’s are an extension of the D.A., and are to carry out the policies of the District Attorney, following the law. Mr. Fish said it makes it hard to prove just cause since the Grand Jury cases are not recorded. Chair Luke stated that this kind of work does not happen in a vacuum, and there are citizens there who monitor and know what is going on. Mr. Kanner said under Oregon statute, liabilities of actions taken by the D.A. are subject to review by the State. Mr. Fish feels that there is a huge possibility of lawsuits if the proposal is adopted. He wanted to know why just cause was included in the negotiations, as he feels that under Article 3, Distribution of Powers in the judicial branch, powers are to be divided. Mr. Kanner said this office is part of the executive branch, not the judicial. Mr. Fish asked about the time frame of these negotiations. Chair Luke stated that the Association already voted and approved the contract. Any changes would mean the negotiations would have to be reopened. This might be an issue given the time frame allowed for approval, and could end up in binding arbitration, which often favors the bargaining unit. Erik Kropp said that the negotiations were noticed and open to the public, and some media was present. Mr. Fish asked if the Board feels that this takes away power from the elected District Attorney. Commissioner Baney replied that the Board is here to take citizen comments, and not to testify or give opinions. Minutes of Board of Commissioners’ Business Meeting Wednesday, December 8, 2010 Page 5 of 8 Pages Chair Luke said that there are a lot of constraints and a variety of ways that dismissal from employment can happen. Mr. Fish asked if the Deputy D.A.’s are immune from State law and cannot be investigated. Mr. Kanner replied that he has never heard of that. Commissioner Unger said that the Board has to look at the broader picture, including other State laws relating to bargaining units. Negotiations and discussions have taken place and the risks have been evaluated. The contract has the County’s best interest in mind, and Mr. Flaherty and others have been invited to fully participate. Chair Luke said that the Deputy D.A.’s have the ability to go to binding arbitration. If the County does not agree to the contract, it will go to arbitration, and arbitration usually favors the union. The Deputy D.A.’s bargained in good faith with the County. The contract is not perfect for either side, but serves to get to ground that everyone can live with. He feels they would like to have more and so would the County. Commissioner Unger stated that there are a lot of different opinions out there. Perhaps at some point the judicial system can clarify some of the language that is in State law that is unclear. Mr. Pilliod stated that termination of at will employees has been appealed in the courts. There are provisions in State law that appear to support the D.A. appointing the Deputy D.A.’s, and perhaps to discharge them as well. The language is somewhat unclear. There are also provisions in State law that require bargaining in good faith. You have to look at not just one statute but all laws that relate to public employers and employees, and that includes not just compensation levels but other terms and conditions of employment. This would include provisions regarding ‘just cause’. You cannot look at just one statute, but have to consider the ramifications of all that relate to the situation. Mr. Fish said it seems to him that the ‘just cause’ provision does not seem proper and does not seem to reflects the voice of the public. Mr. Boozell stated that he and others voted with the understanding that they are voting for the person and the office, and the person needs to be able to trust his staff. Consideration of approval of the contract will occur the afternoon of December 15, 2010, at about 2:30 p.m. Minutes of Board of Commissioners’ Business Meeting Wednesday, December 8, 2010 Page 6 of 8 Pages Before the Board was Consideration of Approval of the Consent Agenda. UNGER: Move approval of the consent agenda. BANEY: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Consent Agenda Items: 5. Signature of a Letter Accepting the Resignation of David Ogden from the Deschutes River Recreation Homesites Special Road District #1 Board 6. Signature of a Letter Appointing Karen Newcomb to the Deschutes River Recreation Homesites Special Road District #1 Board, through December 31, 2011 7. Signature of a Letter Reappointing Albert Bauer to the Newberry Estates Special Road District Board, through December 31, 2013 8. Approval of Minutes: ƒ Work Sessions of November 29 and December 1 ƒ Business Meetings of November 22, 29 and December 1 CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District in the Amount of $2,995.01. BANEY: Move approval, subject to review. UNGER: Yes. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, December 8, 2010 Page 7 of 8 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 10. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $1,621.10. BANEY: Move approval, subject to review. UNGER: Yes. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 11. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $991,297.27. BANEY: Move approval, subject to review. UNGER: Yes. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 12. ADDITIONS TO THE AGENDA None was offered. Being no further items addressed, the meeting adjourned at 11:35 a.m.