The URL can be used to link to this page

Home My WebLink About2013-11-04 Work Session Minutes Minutes of Board of Commissioners’ Work Session Monday, November 4, 2013 Page 1 of 5 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 MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, NOVEMBER 4, 2013 ___________________________ Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator and Erik Kropp, Deputy County Administrator; Mark Pilliod, County Counsel; and Shelby King, reporter for The Bulletin. Chair Unger opened the meeting at 1:30 p.m. ___________________________ 1. Discussion of Document No. 2013-616, Office of Emergency Management Grant – Sheriff’s Office. Mark Pilliod explained that this grant is a commitment and requirements have to be satisfied. Some documents still need to be included, so it is not ready to submit. It is getting complicated, as it has to involve airports and other entities. The chain of command and what is expected of the Board needs to be clarified. Erik Kropp said Code talks about disaster declarations. Commissioner Baney stated that she thinks the Board’s role is to be sure everyone is clear, and communications are open, and then get out of the way. Tom Anderson said he discussed this with the Sheriff regarding what the position of Director should be. Nathan Garibay is the new person and he gets out a lot more than his predecessor, resulting in more interaction with County departments and external partners. Exercises are to be more inclusive. The manual is written per FEMA guidelines, but it can be expanded with more practical suggestions. Most important is to have a better idea of where resources are in the community and tailor the information so everyone knows their part. There should be periodic exercises to make sure everyone is current. They have these opportunities now that there is someone new in the position. Minutes of Board of Commissioners’ Work Session Monday, November 4, 2013 Page 2 of 5 Commissioner DeBone stated he often is asked to talk about the big picture and how things fit together. He needs to know who does what, and when. Mr. Anderson explained that the most common emergency in this area would likely be a big wildfire. They have this script down and know how to set up and coordinate. However, there could be something else, such as a weather event, a tsunami on the coast that forces evacuees here, a volcanic incident or a medical pandemic. Mary Goodwin does emergency planning for the Health Department in that regard. 2. Other Items. Approval of Minutes. BANEY: Move approval of the minutes listed on the November 4 business meeting agenda (work session of October 28, business meeting of October 30, and performance management meeting for CDD, October 17, 2013.). DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. ___________________________ Legal Counsel Recruitment Mr. Kropp said that before they open recruitment, the brochure needs to be finalized, as well as the salary. They need to set d eadline and interview dates. The Oregon Bar will advertise in their monthly newsletter at the beginning of the month, but the deadline for submission is this week. However, the on-line version may be available sooner. The group discussed a variety of salary options. Mr. Kropp compared four counties to Deschutes – two larger, two smaller. They also have to work towards internal equity within the County. Deputy Legal Counsel has not been used since Mark Amberg was here some years ago, and it is not budgeted. However, the new Legal Counsel may request this position in the future. Minutes of Board of Commissioners’ Work Session Monday, November 4, 2013 Page 3 of 5 The salary is what is negotiated with the Board, but it is important to set an expectation of a range. The annual low is probably too high. It should be less than the Administrator's, but higher than the Deputy Administrator. There are only four steps at this time, which he feels is not enough. Perhaps they could start out as step 1 being the Deputy salary and have seven total steps. Or, they could tie it to the sixth step of the Deputy Legal Counsel to top off at $151,000. Mr. Pilliod stated that they are doing a good job of trying to provide some grounding for the numbers. Steps on the far left of the chart are what he negotiated five years ago. Before that, there was a salary range, but he started at the top of the range and continued to work without adjustments except COLA. It was a significant salary reduction for him to come here, so there is more history than the four steps. It is open to whatever rationale is appropriate. The Board will delegate what happens with the contract, although numbers are needed to be able to recruit. Commissioner Baney likes the idea of $112,000 to start. This is all subject to negotiations. Maybe they could add in more deferred compensation or something else. Mr. Kropp indicated that if they barely meet qualifications, that would be step 1. If they have more experience, the person would come in at a higher step. This fits in with other counties. These are typical comparisons, with counties that are closest in size and the type of work. Mr. Pilliod noted that the staffing numbers are closest to those of Jackson and Lane counties. He is not sure of the level of tort claims in either. This is in line with Deputy Legal Counsel step 6. Mr. Anderson said it is up to the Board, as the pay may depend on experience and on how the person relates to the Board. Mr. Kropp stated that they should consider whether to add more steps. He is looking at a range of $112,000 to $151,000. Mr. Pilliod noted that this is just the second time this position has been open in 35 years. Some desirability factor comes into play. Mark Amberg was the last in the Deputy Legal Counsel position. It was created to justify higher pay for that person. Mr. Pilliod said he preferred to handle this himself. There is no differentiation between the three Deputy Legal Counsels now. Minutes of Board of Commissioners’ Work Session Monday, November 4, 2013 Page 4 of 5 Interview dates were then discussed. The Board decided on a primary interview date of January 16 and 17. January 17 is a Saturday but that day is easier for the Commissioners than a Thursday and Friday, and would be for the second round of interviews. Mr. Kropp said there would be a reception but it would not be open to all since it is an internal position; just department heads, staff and other key positions who work closely with this position. ___________________________ A regular meeting with the City of Redmond is coming up, and the Board was asked if they have items for that agenda. Mr. Anderson suggested that they talk briefly about the DSL land swap, as they will need the City’s help to work through the logistics. They need to expand the UGB for both the large lot parcel and the lot being acquired from the DSL. There are some quirks to it, including a future master plan for the Fairgrounds. It would be nice to have the Council up to speed so they can endorse the idea, and make it clear that this is a priority for the City as well. He is not sure to what extend Redmond staff has been briefing the Council. He is hesitant only if there could be a time when the Board would be able to and might want to pull the plug if things are not going as anticipated, and the value is not there. The concept was of equal value. They may want to wait until all the specifics are firm. Chair Unger said they may want to be sure through staff that everything is where it needs to be, and are sure that all Council members are on board. The DSL may want to twist a few arms and they have not always been looking out for the welfare of the County. The group decided they would hold off on public joint discussions of this for now. Mr. Anderson said the City is done with its prioritization exercise and may want to brief the Board. They also need to discuss the relocation of the Rod & Gun Club. It is an issue that needs a solution and soon, but the County has assisted all it can at this point and has no further solutions. It needs to be brought to the public so see if others have some ideas. Chair Unger asked if they want to keep meeting at 7 a.m. This was done for one councilor but does not seem to be necessary anymore. Commissioner Baney said that perhaps they could meet in conjunction with one of the Council's meetings instead. Staff will find out if this is a viable option. Being no further items discussed, the m eeting adjourned at 2:45 p.m. DATED this Dayof JmJ~ 2013 for the Deschutes County Board of Commissioners. Alan Unger, Chair ~r ATTEST: Anthony DeBone, Commissioner ~~ Recording Secretary Minutes of Board of Commissioners' Work Session Monday, November 4 , 2013 Page 5 of5 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 WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, NOVEMBER 4, 2013 1. Discussion of Document No. 2013-616, Office of Emergency Management Grant Sheriffs Office 2. Other Items PLEASE NOTE: At any time during this 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; or ORS 192.660(2) (b), personnel issues. Meeting dales, times and discussion items are subject to change. All meetings are conducted in the Board o/Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated Ifyou have questions regarding a meeting, please call 388-6572. ------------....--....---- 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 accommodations to make participation possible, please call (541) 388-6571, or send an e-mail to bonnie.baker!ill,deschutes.org. I .1 II , Legal Counsel Recruitment Brochure Draft: November 4,2013 The Organization Deschutes County is one of the largest employers in Central Oregon and the largest municipal government in the region. The County has 809 FTE positions and a $287 million annual budget. The County provides: public safety (law enforcement, adult jail, parole and probation, and juvenile community justice), public health and behavioral health, community development, road construction and maintenance, elections, assessment and taxation, solid waste, social services, and operates a large fair and expo center. Indirect services that support county operations include legal counsel, finance, human resources, property and facilities management, internal auditing, information technology, and public information. Deschutes County operates as a General Law County (pursuant to ORS chapter 203), governed by the Board of County Commissioners, comprised of three commissioners, elected at large. The Board's duties include judicial (quasi-judicial) and legislative authority over policy matters of countywide concern. The Board appoints a County Administrator who serves as the Chief Administrative Officers and oversees the day-to-day operations of the County. The Board has by ordinance delegated to the County Administrator the roles of budget officer, personnel officer,and purchasing agent. Except for the elected department heads (Sheriff, District Attorney, Justice of the Peace, Assessor, Treasurer and Clerk) and Legal Counsel, all other department heads are appointed by and report to the County Administrator. The Department The Office of Legal Counsel provides a full range of legal services to County departments and elected and appointed county officials. Exceptions would be in workers compensation and municipal bonding. The office provides advice on a variety of issues, including public procurement, public records and meetings, civil court matters, labor and employment issues, tax appeals, code enforcement, and land use planning. Legal Counsel also directly handles or coordinates outside counsel in the defense of liability claims filed against the County, its officials, and employees. The office works with departments to minimize risk by offering topical trainings and upon request, assists in policy development and implementation. The office also provides legal advice to the 911 Service District and to the governing body of the Sunriver Service District. The Office of Legal Counsel includes a total of six positions: Legal Counsel, 3 Assistants Legal Counsel, Paralegal, and a Legal Secretary. The Position The position is open due to the retirement of the incumbent, Mark Pilliod, who has worked as Deschutes County Legal Counsel for ten years. Interested candidates are welcome to contact Mark Pilliod at mark.pilliod@deschutes.org with questions (confidentiality will be maintained). The successful candidate will enter into an employment contract with Deschutes County. Responsibilities include, but are not limited to: • Serves as chief legal counsel for elected and appointed officials; directs the activities of the Office of Legal Counsel; prepares and/or reviews legal opinions, ordinances, resolutions, contracts and other legal documents in a timely and consistent manner. • Conducts legal research necessary for case preparation, to answer questions from County officials and to assure county legal compliance; keeps abreast of decisions and legislation affecting the County. • Represents the County in civil actions involving substantial amounts of money or important legal questions. • Provides legal analysis and interpretation on the Public Employees Collective Bargaining Act (PECBA), union collective bargaining agreements, and general labor issues. • Prepares and drafts ordinances, resolutions, contracts, deeds, leases, and other legal documents and instruments for or on behalf of the county. • Reviews legal documents and reviews and advises as to legal acceptability. • Drafts legal opinions for County departments. • Oversees and participates in the development and administration ofthe Office of Legal Counsel budget, while being accountable to operating departments for indirect charges; forecasts the budget need for staffing, equipment, materials and supplies; and approves expenditures and implements adjustments to the budget. Current and Upcoming Issues: • Work with the Community Development Department on the City of Bend Urban Growth Boundary expansion project and Airport Master Plan update. • Assist the Solid Waste Department in implementing a methane gas-to-energy (marketable bio-fuel products) contract with a third party vendor. • The labor contract with AFSCME Local 3997 expires on June 30, 2014. Contract negotiations are anticipated to begin in early 2014. • Provide legal advice related to the third party operator of the Deschutes On-site Clinic (DOC) and DOC Pharmacy (the medical clinic and pharmacy established to serve employees and dependents covered by the County's health plan). • Assist the Property and Facilities and Solid Waste departments with legal issues surrounding the demolition landfill located next to the future OSU Cascades campus in Bend. • Support the Health Services Department in health care transformation, including transitioning to a new model of public health care delivery under the umbrella of a coordinate care organization (CCO). • Implementation of a new case management software package. Knowledge: Considerable knowledge of civil legal principles, practices, and terminology; State and Federal civil law and constitutional law affecting Oregon local governments; contract, labor, land use, environmental, and municipal law. The Ideal Candidate Will Have the Skills and Ability to: • Work effectively with diverse stakeholders, including staff, elected officials, County administration, labor unions, and community partners; • Directly provide or oversee a full range of municipal legal services; • Exhibit strong management and leadership skills; • Provide clear and thorough legal advice to elected officials, department heads, county administration, and other staff; • Be approachable and supportive of County staff at various levels as well as staff in the Office of the Legal Counsel; • Organize, interpret, and apply legal research and prepare sound legal opinions; • Effectively communicate complex legal issues and analysis to non-lawyers; • Think creatively to solve complex legal issues; • Analyze and prepare a variety of complex legal documents; • Express ideas effectively, orally and in writing; • Respond to various interpersonal reactions of clients, elected officials, and others in a sensitive and tactful manner; • Successfully manage and lead the employees assigned to the Office of the Legal Counsel; • Exercise good judgment and make sound decisions on legal casework and in interacting with people; and • Listen for the sensitive and political considerations underlying requests for legal assistance from clients. Education and Experience Doctor of Jurisprudence from an accredited law school is required. Outstanding academic credentials are desired. Must be licensed to practice law in the State of Oregon at the time of appointment. Seven years ofexperience in the practice of municipal law. Two years of progressively responsible supervisory and management experience is desired. Any combination of education, experience, and training which provides the required knowledge, skills, and abilities to perform the essential functions ofLegal Counsel may be considered. Application Deadline Applications are due Legal Counsel Salary Options Tied to Tied to Deputy Legal Deputy Legal Tied to top Counsel top Counsel 6th step of Assist Step Current step step Legal Counsel 1 $ 134,173 $ 118,557 $ 112,885 $ 107,575 2 $ 140,882 $ 124,485 $ 118,530 $ 112,954 3 $ 147,926 $ 130,709 $ 124,456 $ 118,601 4 $ 156,098 $ 137,245 $ 130,679 $ 124,532 5 $ 144,107 $ 137,213 $ 130,758 6 $ 151,312 $ 144,074 $ 137,296 7 $ 158,878 $ 151,277 $ 144,161 Deschutes County Legal Counsel November 2013 County Job Title Low Hourl~ High Hourl~ Annual Low Annual High /' Benton Clackamas Jackson County Counsel $41.53 $58.97 $86,050 $122,186 Position Is paid at step 6 - Top . or 8. is listed here County Counsel $58.28 I $49.62 $78.68 $63.32 $120 ,755 $163,018 r- County Counsel County Counsel Lane Marion $41.91 $70.46 $56.17 $102,813 $145,993 $131,199 $116,384 negotiated , no job description . Legal Counsel Is Legal Counsel County Counsel Deschutes Average hourly (County not included) $64.76 $47.83 $75.34 $65.52 $134,173 $86,838 $156,098 Average annual (County not included) $99,114 $135,756 Low High Annual AnnualOther salarv com~arions: Hourly Hourly Low Hi9.h ICounty Administrator $70 .12 $145,285 \~~/OO~ I I.D 5", toe) 0 $50.15 $67.37 $103,915De~uty County Administrator $139,590 District Attorney Combined $64.54 $133,720 State $51 .35 $13.18County $88,271De~uty Legal Counsel $42.60 $57 .23 $118,577 I $51.92 ' $80,082Assistant Legal Counsel $38.65 $107,575 S:/P:lSurvey File/Misc ........ .ICounty Legal Counsel-November 2013 .xls Page 1