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HomeMy WebLinkAboutRes. 2009-042 Closing County OfficesDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of April 20, 2009 DATE: April 16, 2009 FROM: Dave Kanner, county administrator 388 -6565 TITLE OF AGENDA ITEM: Consideration and Board signature of Resolution No. 2009 -042, a resolution determining and declaring a fiscal emergency and closing county offices on December 24 and 31, 2009. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County has reached an agreement with the American Federation of State, County and Municipal Employees (AFSCME) Local 3997 under which AFSCME- represented employees will have the 3% cost -of- living adjustment to which they are contractually entitled on July 1, 2009, deferred to April 1, 2010, and these employees will take two unpaid holidays; on December 24 and 31, 2009. This will also apply to all managers, supervisors and confidential employees (except those in the Sheriff's Office). All County offices, except the Sheriff's Office, the Road Department, the Department of Solid Waste and specific organizational units that either by law or by County business needs cannot be shut down for a day, will be closed on those two days. Oregon law (ORS 205.242) requires that the County Clerk's Office must be open every day except Saturdays, Sundays and other holidays unless the county governing body adopts a resolution in which it determines that a fiscal emergency exists necessitating the closure of County offices. Adopting this resolution will allow the Clerk's Office to close on December 24 and 31, 2009, consistent with the agreement between Deschutes County and AFSCME. FISCAL IMPLICATIONS: If this resolution is not approved, the Clerk's Office would still remain open but could only be staffed by the County Clerk, who is not subject to any of the provisions of the County's compensation and classification plan. Minor costs might be incurred on those two days for heat and electricity. RECOMMENDATION & ACTION REQUESTED: Staff recommends approval and Board signature of Resolution No. 2009 -042. ATTENDANCE: Dave Kanner DISTRIBUTION OF DOCUMENTS: Bonnie Baker Nancy Blankenship, County Clerk Cecil Tibbetts AFSCME Local 3997 Pilot Butte Plaza 501 NE Greenwood Ave., Suite 500 Bend, OR 97701 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Determining and Declaring a Fiscal Emergency and Closing County Offices in the Deschutes Services Building on December 24 and 31, 2009 RESOLUTION NO. 2009 -042 WHEREAS, in order to mitigate projected general fund revenue shortfalls that could lead to workforce and service reductions, the County has approached its local labor unions and requested modifications to the relevant collective bargaining agreements; WHEREAS, the Collective Bargaining Agreement between the County and the American Federal of State, County and Municipal Employees Local 3997 (AFSCME) provides in part that for fiscal year 2010, the County will provide AFSCME represented employees a Cost of Living Adjustment (COLA) of three (3) percent; and WHEREAS, the collective bargaining agreement between the County and the Deschutes County Sheriffs Employees Association (DCSEA) was due to expire on June 30, 2009 and the parties had begun negotiating a successor agreement, when DCSEA unilaterally declared that it would agree to a roll over of the current contract without any COLA for 2010; and WHEREAS, the actual January to January Consumer Price Increase for 2008 -2009 was zero (0 %), which is a reflection of the current adverse economic climate locally, statewide and nationwide; and WHEREAS, following discussions between representatives of the County and AFSCME, the parties agreed that the COLA would be deferred until April 2010 and that represented employees would take two unpaid holidays on December 24 and 31, 2009, which would be reflected in employee paychecks in April, May and June, 2010; and WHEREAS, ORS 205.242 requires that the office of the County Clerk be and remain open to receive and certify instruments presented for recording every day except Saturdays, Sundays and other holidays unless the county governing body adopts a resolution in which it determines that a fiscal emergency exists; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. The Board hereby determines and declares that the current adverse economic climate has led to significant general fund revenue shortfalls and thus created for Deschutes County a fiscal emergency requiring the closing of County offices in the Deschutes Services Building on December PAGE 1 OF 2- RESOLUTION No. 2009 -042 (04/22/07) 24 and 31, 2009 and having non - essential County employees located in the Deschutes Service Building take unpaid leaves of absence on those days. Section 2. The offices of the County Clerk shall be closed on December 24 and December 31, 2009. Section 3. The County may, by separate action, close other County offices (in addition to the Deschutes Services Center) and provide that non - essential, AFSCME- represented employees in such locations also take unpaid leaves of absence on December 24 and 31, 2009. DATED this day of , 2009. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ATTEST: DENNIS R. LUKE, Vice Chair Recording Secretary ALAN UNGER, Commissioner PAGE 2 OF 2- RESOLUTION No. 2009 -042 (04/22/07)