HomeMy WebLinkAboutOrdinance 005 - Standards-Practices0
Deschutes 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 January 9, 2008
Please see directions for completing this document on the next page.
DATE: January 3, 2008
FROM: Dave Kanner Administration 388-6565
TITLE OF AGENDA ITEM:
On -The -Record Public Hearing, Consideration of First and Second Reading by Title Only and
Adoption of Ordinance 2008-005 Amending Deschutes County Code Chapter 3.28, Personal Conduct,
to Comply with 2007 Legislative Changes to Government Standards and Practices Statutes and
Declaring an Emergency
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
This item was scheduled for a public hearing on January 2, 2008. The public hearing notice was in
error because this ordinance does not require a public hearing. Since this was already published on the
agenda for a public hearing, the Board opened the hearing on January 2, 2008 and continued the Bearing
until January 9, 2008 at its regularly scheduled business meeting for an On -The -Record hearing In or to
allow for changes to the text in Exhibit A.
Since the submittal for the January 2, 2008 hearing, the last section regarding nepotism has been
removed because the Deschutes County Code 3.16 already contains a nepotism provision that is more
strict that the new state regulations.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Hold and On -The -Record hearing on Ordinance 2008-005, have 1St and 2nd reading of the ordinance by
title only and adopt.
ATTENDANCE: Dave Kanner and Laurie Craghead
DISTRIBUTION OF DOCUMENTS:
Alison Hilber, Legal, and all Department Heads.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Chapter 3.28, Personal Conduct, to Comply with
2007 Legislative Changes to Government
Standards and Practices Statutes and Declaring an
Emergency
ORDINANCE NO. 2008-005
WHEREAS, since the 2007 update of the Personal Conduct provisions in Deschutes County C( de
("DCC") Chapter 3.28, the Oregon State Legislature adopted changes to ORS Chapter 244, the Governm{;nt
Standards and Practices statutes; and
WHEREAS, the statutory amendments became effective January 1, 2008; and
WHEREAS, the Board of County Commissioners ("Board") held a public hearing on January 2, 2008
WHEREAS, the Board finds the recommended changes to be in the public interest; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. AMENDMENT. DCC Chapter 3.28, Personal Conduct, is amended to read as described in
Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in striketlifeugh..
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PAGE 1 OF 2- ORDINANCE NO. 2008-005 (01/02/08)
Section 2. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on its passage.
DATED this day of , 2008.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
TAMMY BANEY, Vice -Chair
MICHAEL M. DALY, Commissioner
Date of 1st Reading: day of , 2008.
Date of 2"d Reading: day of , 2008.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tammy Baney
Michael M. Daly
Effective Date: _ day of , 2008
ATTEST:
Recording Secretary
PAGE 2 OF 2- ORDINANCE NO. 2008-005 (01/02/08)
EXHIBIT A
Chapter 3.28. PERSONAL CONDUCT
3.28.010.
3.28.020.
3.28.030.
3.28.040.
3.28.050.
Code of Ethics.
Conflict of Interest.
Political Activities.
Personal Appearance, Dress and Grooming.
Smoking or Use of Tobacco Products.
3.28.060.—_— Acceptance of Gifts.
3.28.070. Nepotism.
3.28.010. Code of Ethics.
A. General Employee Responsibility
I. All County employees have a responsibility to the County and its citizens to engage in
duties for the County in a manner that will merit the trust and confidence of the public.
2. As such, all County employees are expected to be fair, honest, ethical and professional in
their conduct, to adhere to the spirit and letter of all applicable laws and regulations that
apply to the performance of the employee's -duties and to refrain from any illegal, dishonest
or unethical conduct in the performance of the employee's duties.
B. All County employees are considered to be public officials.
1. As such, each County employee is subject to, is expected to be familiar with, and is
expected to conduct himself or herself in accordance with the State of Oregon Government
Standards and Practices Laws -(ORS Chapter 244 and OAR Chapter 199) ("Ethics Law")
as itthey currently exists or as amended.
2. The Ethics Law -provides, in part: "No public official shall use or attempt to use official
position or office to obtain financial gain or avoidance of financial detriment that would not
otherwise be available but for the public official's holding of the official position or office,
other than official salary, honoraria ... reimbursement of expenses or an unsolicited award
for professional achievement for the public official or the public official's relative, or for
any business with which the public official or a relative of the public official is associated."
a. "Financial Gain" includes any gift of payment of expenses for entertainment from
any single source that could reasonably be known to have a legislative or
administrative interest in the County.
b. "Financial Gain" does not include:
1) Any part of an official compensation package as determined by the County.
2) The receipt by an employee or a relative or member of the household of the
employee of an honorarium or any other item allowed under section 24 of
this 2007 Act.
3) Reimbursement of expenses.
4) An unsolicited award for professional achievement.
5) Gifts that do not exceed the limits specified in section 3.28.060 received by
an employee or a relative or member of the household of the employee from
a source that could reasonably be known to have a legislative or
administrative interest in a governmental agency in which the official holds
any official position or over which the official exercises any authority.
6) Gifts received by an employee or a relative or member of the household of
the employee from a source that could not reasonably be known to have a
Exhibit A — Ordinance No. 2008-005
legislative or administrative interest in a governmental agency in which the
official holds any official position or over which the official exercises any
authority.
7) The receipt by an employee or a relative or member of the household of the
employee of any item, regardless of value, that is expressly excluded from
the definition of "gift" in ORS 244.020.
C. Any violation by a County employee of State of Oregon Ethics Law is a violation of the
Deschutes County Personnel Rules.
D. If— an employee -is unsure whether his or her conduct violates or might violate the State of
Oregon Ethics Law or this code of ethics, the employee shall -notify the employee's immediate
supervisor or department head to determine an appropriate course of action.
E. Full compliance with this code of ethics is the responsibility of each County employee. Any
violation -of this code of ethics will subject the employee to disciplinary action up to and
including possible termination of employment.
1. Any employee accused of -violating the Ethics Law shall be solely responsible for the costs
of -his or her defense before the Government Standards and Practices Commission.
2. If the charges are dismissed or determined to be unfounded, the Board, at the Board's
discretion, may elect to reimburse the employee for some or all of the costs incurred by the
employee.
(Ord. 2008-005, §1, 2008; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.28.020. Conflict of Interest.
A. County employees shall refrain from engaging in any employment, business, activity,
practice, or act which actually conflicts with, potentially conflicts with, or gives the
appearance of conflicting with the employee's work for the County or with the interests of the
County.
I An actual conflict of interest -exists when an action is taken that directly affects land, a
business, or any other financial interest of an employee, er-an employee's relative or a
member of employee's household and is reasonably certain to have a financial impact on
the employeefef a relative of the employee or a member of the employee's household.
2. A potential conflict of interest exists when an employee takes action that reasonably
could be expected to have a financial impact on that employee, a relative of the
employee, a member of the employee's household or on a business with which the
employee, ef-the employee's relative or member of the employee's household is
associated.
3. For -_purposes of this section only, "relative" means the spouse, domestic partner, parent,
child, brother and sister of either the employee or the employee's spouse or domestic
partner.
B. The following activities are prohibited:
1. Future Employment.
a. Employees shall refrain from accepting gifts, favors, services or promises of future
employment that could possibly relate to or is intended to influence the performance
of their official duties.
b. This section is not intended to conflict with section 3.3828.060 below.
2. Employees shall not use their position to gain special privileges or benefits or to avoid
financial detriment that would not otherwise be available or avoidable but for the
employee's position with County.
3. No employee shall further, or attempt to further, the personal gain of any County
employee, efemployee's relative or member of employee's household through the use of
confidential information gained in the course of performing her/his duties for County.
Exhibit A - Ordinance No. 2008-005
4. Employees shall not participate, directly or indirectly, in any business -or organization
which might inappropriately influence -the employee's official decisions and judgments
for the County.
5. Non -County Employment or Activities.
a. Employees shall not hold any position with any business, organization —or
governmental unit which would conflict with the proper performance of —the
employee's duties or responsibilities for the County, or which could influence the
employee's judgment in the conduct of business between the County and such
business, organization or governmental unit.
b. Employees are not to engage, directly or indirectly, either on or off the job, in any
conduct which is disruptive to, competitive with, or damaging to the County.
c. Employees shall not accept any employment which would inappropriately influence
the performance of the employee's duties for the County. This prohibition on
employment includes serving as an advisor or consultant to any business or
organization, unless that activity is conducted as a representative of the County.
6. Access to County Records.
a. Employees who conduct private business which requires access to public County
records shall have access to that information only during the employee's off-duty
time.
b. Employees shall not be given special access or special privileges, such as not
imposing a fee for a service that is generally fee-based or -being permitted to review
confidential information which is not—available to members of the general public.
includes solving as an advisor or consultant to any business or organization, unless that
7. Employees must disclose any financial interest the employee, of -the employee's relatives
or members of the employee's household have in any -business or organization which
does business with the County.
8. The County may require the employee to divest— such interest if the County deems the
interest to be in conflict with the best interests of— the County.
C. List As Illustrations.
1. This list of prohibited activities -is intended to illustrate types of actions that create a
conflict of interest, a potential conflict of interest, or the appearance of a conflict of
interest.
2. These examples are not intended to be exhaustive or to limit the types of actions that are
prohibited by State of Oregon Ethics Law or Deschutes County policy.
(Ord. 2008-005, §1, 2008; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1,
1981)
3.28.030. Political Activities.
A. Employee involvement in certain political activities is protected under the First Amendment.
However,
1. aUnder -Oregon and federal law, there are some restrictions on the political activities of
Oregon public employees.
2. County employees are expected to be familiar with and to comply with these laws as they
currently exist or as amended.
B. State Campaign Law.
Exhibit A — Ordinance No. 2008-005
1. Oregon law (ORS 260.432(2)) requires that: "No public employee shall solicit any money,
influence, service or other thing of value or to promote or oppose any political -committee
or to promote or oppose the nomination or election of a candidate, the gathering of
signatures on an initiative, referendum or recall petition, the adoption of a measure or the
recall of a public office holder while on the job during working hours.
2. However, thisThat seer -statutes, however, does not restrict the right of a public
employee to express personal political views."
C. Federal Campaign Law.
1. The Hatch Act (federal law) further requires that employees whose principal job
responsibilities are financed in whole or in part from loans or grants made by the federal
government may not use their official influence to interfere with or affect the result of an
election or a nomination for office.
2. An employee covered by the Act may not, either directly or indirectly, coerce or advise
another employee to contribute anything of value in any form whatsoever to any
organization or agency for political purposes.
D. The expression of personal political views while on the job during working hours is permitted
only to the extent that such expression does not interfere with the performance of the
employee's duties or performance of the duties of other employees.
1. While on the job, during working hours, any comment or suggestion to fellow employees
or the public to vote a certain way is prohibited, even if it does not interfere with the
performance of duties of the employee or other employees.
2. Politically related activities such as fundraising, soliciting volunteer help on political
campaigns or disseminating partisan election material is prohibited while on the job during
working hours.
(Ord. 2008-005, ,S1, 2008; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.28.040. Personal Appearance, Dress and Grooming.
A. The County respects each employee's individuality and expects that each employee will use
common sense and good judgment in choosing appropriate clothing to wear while performing
duties for the County.
1. The County expects its employees to present a clean and professional appearance at work.
2. Employees should dress and groom themselves in accordance with the requirements of
their position and accepted social standards, particularly if the employee's job duties
involve in-person contact with the public.
B. Each County department may establish appearance, dress and grooming standards for the
department's employees which may include the requirement that department employees wear a
uniform, as prescribed by the department, while on duty.
C. If an employee's immediate supervisor or department head feels that an employee's personal
appearance, dress or grooming is inappropriate or offensive, the employee's supervisor or
department head may require the employee to leave the workplace until the employee's
appearance, dress and grooming is appropriate for work.
1. If an employee is required to leave work because of inappropriate appearance, dress or
grooming, the employee will not be compensated for the time away from work.
2. If an employee fails or refuses to comply with a lawful directive of a supervisor or
department head to change appearance, dress or grooming that the supervisor or department
head determines is inappropriate or offensive, the employee will be subject to disciplinary
action, up to and including possible termination of employment.
D. Notwithstanding the foregoing, the County shall make reasonable accommodations for
appearance, dress or grooming to a person with a legally protected disability or to accommodate
a bona fide religious belief.
Exhibit A — Ordinance No. 2008-005
(Ord. 2008-005, §1, 2008; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.28.050. Smoking or Use of Tobacco Products.
A. County Buildings, Vehicles and Equipment.
1. Smoking and use of tobacco products is prohibited in all County buildings, vehicles and
equipment.
2. Employees may only smoke or use tobacco products in designated areas outside County
buildings, vehicles or equipment.
3. Employees may only use designated rest and meal periods for smoking or use of tobacco
products.
4. Additional breaks for smoking or use of tobacco products are not permitted.
E. City Facilities.
1 County facilities located in incorporated cities whose governing bodies adopt ordinances
establishing rules and regulations with regard to smoking or use of tobacco products shall
be subject to the terms and conditions of said ordinances.
2. If an applicable city ordinance is more restrictive than state law or this code provision, the
city ordinance shall apply.
(Ord. 2008-005, §1, 2008; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1,
1981)
3.28.060. Acceptance of Gifts.
A. The provisions of Oregon Ethics Law notwithstanding, no County employees, employee's
relatives or members of employee' householdacting in their official capacity, shall not accept
any gift from any source with a value in excess of $1-050 nor, in the course of a calendar year,
smaller gifts from a single source with an aggregate value exceeding $4-050.
B. No County employee, employee, employee's relatives or members of employee' household
may receive, directly or indirectly, any gift of payment of expenses for entertainment from any
single source that could reasonably be known to have a legislative or administrataive interest in
the County.
C. Gifts received by County employees, employees' relatives or members of employees'
household valued at $4-050 or less shall, to the extent practical, be shared with other County
employees.
D. County employees, employees' relatives or members of employees' household may accept gifts
with de minimis value, such as caps, coffee mugs, pens and paperweights, and are not expected
to share such gifts.
E. Gifts with a value in excess of $4-050 shall be refused, returned to the sender, or—_donated to a
charitable organization.
F. "Gift" has the same meaning as in ORS 244.020 and OAR Chapter 199 as they currently exist
or as amended.
(Ord. 2008-005, §1, 2008; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.28.070 Nepotism.
A. A County employee may not appoint, employ or promote a relative or member of the
household to, or discharge, fire or demote a relative or member of the household from, a
position with the County or over which the employee exercises jurisdiction or control, unless
the employee complies with the conflict of interest requirements of ORS Chapter 244.
B. A County employee may not participate as a public official in any interview, discussion or
debate regarding the appointment, employment or promotion of a relative or member of the
household to, or the discharge, firing or demotion of a relative or member of the household.
Exhibit A — Ordinance No. 2008-005
C. As used in this paragraph, 'participate' does not include serving as a reference, providing a
recommendation or performing other ministerial acts that are part of the normal job functions
of the public official.
(Ord. 2008-005, §1, 2008)
Exhibit A — Ordinance No. 2008-005