HomeMy WebLinkAboutDraft PoliciesDate: May 20, 2010
To: Board of County Commissioners
From: Erik Kropp, Deputy County Administrator
Re: Policies
At your June 7th work session we will be discussing two new proposed policies and two draft
revised policies. A summary of each policy is below and each policy is attached.
1. Draft update to existing Policy BLDG -5: County Facilities Use Policy — the proposed
draft update better reflects the current practice of allowing nonprofit organizations to use
county facilities. The draft policy exempts public safety facilities, states that County use
and/or government -associated activities have first priority, and defines a "nonprofit
organization" as an organization that is legally incorporated and exempt from federal
income taxes under section 501(c)(3) of the Internal Revenue Code. Political and
religious organizations do not fall under the Internal Revenue Code definition of a
"nonprofit organization" and would not be allowed to use County facilities. Copies of the
existing policy and proposed draft update are attached.
2. New Proposed Draft Policy BLDG -7: Leasing County Land for Communication
Facilities — the proposed new policy would provide County staff guidelines to develop
leases for County land to host communication facilities. The policy states that the lease
will be at market value or less if there is an off -setting benefit to the County (such as a
direct benefit to the Sheriff's Office communication system). All leases shall be approved
by the Board of County Commissioners. A copy of the new proposed draft policy is
attached.
3. New Proposed Draft Policy BLDG -8: County Facilities Leasing Policy — the proposed
new policy would provide County staff guidelines for leasing County facilities. This
includes leases at fair market value or highest bidder and leases below market value for
other government entities and non-profit organizations that serve the same client base as
a County department or program. All leases shall be approved by the Board of County
Commissioners. A copy of the new proposed draft policy is attached.
4. Draft Update to Time Management Program. Policy No. 94-12-01 (old format)
would be replaced with Policy HR -16: Non -Represented Employees Time
Management Leave Program (new format) — the draft changes increase the number of
time management leave hours eligible to be sold from 40 to 80; changes existing sick
leave banks to sick leave vaults preserving the payout (half the hours) of these hours
upon termination; and doesn't allow newly created sick leave banks to be paid out. This
would grandfather in existing sick banks that have a payout upon termination, but doesn't
allow this practice moving forward. The purpose of this change is to decrease this
liability to the county. This policy only applies to non -represented positions. The existing
policy and new proposed updated policy are both attached.
Please contact me if you would like to discuss any of these policies before the June 7th work
session.
r_s C.
o%!�1,1%"< Deschutes County Administrative Policy No. BLDG -5
---. �� Effective Date: July 28, 2003
COUNTY FACILITIES USE POLICY
STATEMENT OF POLICY
It is the policy of Deschutes County that County facilities are to be used only for County and/or
governmental -associated activities.
APPLICABILITY
This policy applies to all users of Deschutes County meeting facilities.
POLICY AND PROCEDURES
Deschutes County facilities are only to be used for County and/or
governmental associated activities. I-learings rooms and conference rooms are to be
reserved on a first-come basis to government agencies, persons, and groups having a
direct affiliation with Deschutes County, such as the Deschutes County Planning
Commission, Library Board of Trustees, Community Corrections Advisory Committee,
State Courts, U.S. Forest Service, etc.
Exceptions to this facilities use policy must be approved by the Board of Commissioners.
Approved by the Deschutes County Commissioners July 28, 1993.
Dave Kanner
County Administrator
Policy # BLDG -5, County Facilities Use
TES
{ Deschutes County Administrative Policy No. BLDG -5
Effective Date: 6/7/10 DRAFT
COUNTY FACILITIES USE POLICY
STATEMENT OF POLICY
It is the policy of Deschutes County that the primary and priority use of county facilities is for county and/ )r
government -associated activities. Nonprofit organizations may use county facilities during normal busine >s
hours only, subject to availability, and in accordance with the provisions of this policy.
APPLICABILITY
This policy applies to all users of Deschutes County buildings and property, including equipment, furniture,
and fixtures with the exception that public safety facilities are excluded from this policy.
DEFINITIONS
For the purpose of this policy, unless otherwise specified, the following definitions shall apply:
"County facilities" means real property that is owned by Deschutes County, including but not limited 1),
buildings, facilities, or land which is fenced, enclosed, or otherwise developed and any associated grounds.
"Direct Affiliation" means a board, commission, committee, or working group formed by and conducting
business on behalf of Deschutes County and to whom a Deschutes County employee may regularly report.
"Nonprofit organization(s)" means an organization that is legally incorporated and exempt from feder rl
income taxes under section 501(c)(3) of the Internal Revenue Code or a government agency.
POLICY AND PROCEDURES
1. County facilities are to be reserved on a first-come basis with priority given first to Deschutes Coun y
departments and programs, secondly other government agencies and persons and groups having a direst
affiliation with Deschutes County such as the Deschutes County Planning Commission, Communi°!y
Corrections Advisory Committee, Mental Health Advisory Board, etc., then thirdly to nonprot it
organizations.
2. County facilities are available during the hours of 8:00 a.m. to 5:00 p.m., Monday through Frida r,
excluding official county holidays. The only function that may be held after normal business hours a e
those having a direct affiliation with Deschutes County or have a department sponsor, including having a
County employee from this department in attendance.
3. All meetings and programs offered by non-government users must be free and open to any member of tl le
public. Items and/or services may not be sold (excluding meals) unless it is for a charitable purpose.
4. Persons who wish to use county facilities must schedule no more than forty-five (45) days in advance l -y
completing the County Facility Use Application and Agreement. The County reserves the right °o
reschedule or cancel non -county meetings at any time if the room becomes necessary to conduct coun y
business.
Policy # BLDG -5, County Facilities Use
5. Arrangements can be made for use of county -owned equipment at the time of application. There is n �
guarantee that County staff will be available to operate this equipment during non -county meetings. Tli
applicant is responsible for damage to any equipment and shall be assessed reasonable fees for repair ( r
replacement, as required.
6. The user of the meeting room is responsible for set-up, take-down, and clean-up in accordance with tli2.
County Facility use Application and Agreement.
7. Failure to comply with this facilities use policy may result in withdrawal of use privileges.
8. Exceptions to this facilities use policy may be granted by the County Administrator or his/her designee.
Approved by the Deschutes County Board of Commissioners , 2010.
Dave Kanner
County Administrator
Policy # BLDG -5, County Facilities Use
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
County Facility Use Application and Agreement
Name of Department, Agency, or
Other Group
Phone Number, Fax Number, and E-mail Address
County Employee to be Responsible
or Authorized Representative of Group
Description of Activity
Date(s) of Activity
Time(s) of Activity
1. User is responsible for set-up, take-down, and clean-up.
2. If your meeting is cancelled, notice is required at least 48 hours prior to the scheduled date.
3. The County is not responsible for the theft of or damage to property brought into county
facilities. The Authorized Representative of the group hereby guarantees that adequate and
current liability insurance covering the user group is in place.
As Authorized Representative, I agree to abide by the County Facilities Use Policy in effect
on this date. In accordance with said Policy, I understand that I shall be responsible for
cleaning or repair of facilities necessitated by my group's activities.
Date:
Approved by / Reserved by:
(Administrator of Meeting Room)
Date:
TES
o% Deschutes County Administrative Policy No. BLDG -7
Effective Date: 6/7/10 DRAFT
POLICY FOR LEASING COUNTY LAND FOR COMMUNICATION FACILITIES
STATEMENT OF POLICY
It is the policy of Deschutes County that the primary and priority use of county facilities is for county and/ r
government -associated activities. The County will consider proposals to lease land for wireless
communication facilities on a case-by-case basis.
APPLICABILITY
This policy applies to all Deschutes County buildings and property.
DEFINITIONS
For the purpose of this policy, unless otherwise specified, the following definitions shall apply:
"County facilities" means real property that is owned by Deschutes County including, but not limited to,
buildings, facilities, or real property which is fenced, enclosed or otherwise developed and any associated
grounds.
"Wireless communication facility" means an equipment enclosure, antenna, antenna support structure, and
any associated facility used for receiving or sending a radio frequency, microwave, or other signal for a
commercial communications purpose.
POLICY AND PROCEDURES
The County will consider proposals to lease land for wireless communication facilities on these conditions:
1. The communication equipment does not interfere with County communication systems or the operation
and maintenance of the County facility where it is sited.
2. The applicant will sublease to other users (to minimize the number of communication sites on county -
owned land) or demonstrate why they cannot co -locate with others.
3. The applicant can demonstrate that the site is necessary for their service.
4. Annual consideration will be at market value or less than market value if there is an off -setting benefit to
the County.
5. Leases will be for the longestpossible term, preferably twenty (20) years.
6. All leases shall be approved by the Board of County Commissioners.
7. Leaseholders shall obtain the appropriate City or County land use and/or building code approvals that
may be necessary to construct and operate the wireless communications facility.
Policy # BLDG -7, Leasing for Wireless Communication Facilities
8. Exceptions to this policy, excluding item 6, may be granted by the County Administrator or his/her
designee.
Approved by the Deschutes County Board of Commissioners , 2010.
Dave Kanner
County Administrator
Policy # BLDG -7, Leasing for Wireless Communication Facilities
Deschutes County Administrative Policy No. BLDG -8
Effective Date: 6/7/10 DRAFT
COUNTY FACILITIES LEASING POLICY
STATEMENT OF POLICY
It is the policy of Deschutes County that the primary and priority use of county facilities is for county and/or
government -associated activities. Non -county organizations may lease office space in county, subject to
availability, and in accordance with the provisions of this policy.
APPLICABILITY
This policy applies to all users of Deschutes County buildings and property, including equipment, furniture,
and fixtures.
Short-term (e.g., daily or weekly) rental of county facilities or rental of space at the Fair & Expo Center are
exempt from this policy.
DEFINITIONS
For the purpose of this policy, unless otherwise specified, the following definitions shall apply:
"County facilities" means real property that is owned by Deschutes County including but not limited to
buildings, facilities, or real property which is fenced, enclosed or otherwise developed and any associated
grounds.
"Nonprofit organization(s)" means an organization that is legally incorporated and exempt from federal
income taxes under section 501(c)(3) of the Internal Revenue Code.
POLICY AND PROCEDURES
The County will consider requests to lease office space on these conditions:
1. If the tenant is to be a nonprofit organization, that nonprofit should serve the same client base as a
Deschutes County department or program, is a service that would otherwise have to be provided by
Deschutes County or is a service that benefits Deschutes County and/or its employees.
2. The lessee will abide by all policies and procedures governing use of County facilities.
3. Rental and lease agreements shall be offered at fair market value or to the highest bidder if there is
competitive interest in the property. Upon approval by the Board of Commissioners, rental and lease
agreements below fair market value may be offered to other government entities, non-profit organization
or in other cases when the public derives benefits from the rental or lease that exceed the foregone rent o •
lease payment.
4. Should the rental or lease of a county property to a private party cause the property or a portion thereof ti
lose its tax-exempt status, property taxes shall be the sole responsibility of the renter or lessee.
5. County properties shall not be rented or leased to religious organizations (as defined by ORS 065.001
(33)), political parties (ORS 248.002 et seq.), political action committees (ORS 260.005 (15)), or
organizations whose primary purpose is lobbying to influence public policy (26 USC 4911, 26 USC 501; .
Policy # BLDG -8, Leasing Policy 1
6. If the facility was funded through a bond, the lease shall not violate provisions of the bond issuance.
Approved by the Deschutes County Board of Commissioners , 2010.
Dave Kanner
County Administrator
Policy # BLDG -8, Leasing Policy 2
DESCHUTES COUNTY GENERAL POLICY NO. 94-12-01
REVIEWED
LE COUNSEL
SUBJECT: TIME MANAGEMENT PROGRAM
I. PURPOSE
It is the purpose of the Deschutes County Time Management
Program to provide nonrepresented employees with a leave -with -
pay program that is easily understood,responsive to
individual needs, and easy to administer. This program is
also intended to eliminate any abuse of sick leave while
rewarding employees for faithful attendance and productivity.
II. SCOPE
This program covers all Visor 0$ented employees including
managers, supervisors, and department heads. Those employees
covered by the provisions of this program shall not be
eligible for separate leave benefits covering the following:
• sick leave (nonoccupational illness or injury leave)
• vacation leave
• family emergency
• compensatory time (except as provided by the FLSA)
Nonexempt employees who are eligible for 1} compensatory time
or overtime will still receivesuch under this program in
accordance with the Fair Labor Standards Act. Exempt
employees who are eligible for limited one-for-one exchange
time in accordance with county policy will still receive such
under the time management program.
III. LEAVE -WITH -PAY PROVISIONS
A. Employees entering the Time Management Program will be
credited with their existing vacation time balance.
Nonexempt employees will earn leave, based on full-time
service, in accordance with the following schedule:
Months of Hours of Earned Leave
Service Leave Accumulation
0 - 48 months 168 hours 14 hrs/month
49 - 108 months 192 hours 16 hrs/month
109 - 168 months 216 hours 18 hrs/month
169 - 228 months 240 hours 20 hrs/month
229 - 288 months 264 hours 22 hrs/month
289+ months 288 hours 24 hrs/month
1 - POLICY NO. 94-12-01, TIME MANAGEMENT
Exempt employees will earn leave, based on full-time
service, in accordance with the following schedule:
Months of Hours of
Service Leave
0 - 48 months
49 - 108 months
109 - 168 months
169 - 228 months
229+ months
Earned Leave
Accumulation
216 hours
240 hours
264 hours
288 hours
312 hours
18 hrs/month
20 hrs/month
22 hrs/month
24 hrs/month
26 hrs/month
B. For regular part-time employees, all reference to time
accrual or usage in the Time Management Program shall be
prorated according to the percentage of full-time
equivalency authorized for the position.
C. During the course of the year, absence from work for any
reason other than on-the-job illness or injury covered by
Workers Compensation or paid holiday shall be charged
against "earned leave" except as provided in Section
IV.B. of this policy. Earned leave shall accrue whenever
an employee is on pay status with the County. Employees
do not accrue earned leave when on leave without' pay.
Exemptions are granted for executive, administrative, or
professional employees based on the definitions contained
in the Fair Labor Standards Act.
D. An employee may accumulate earned leave, including the
previous vacation balance, if any, to a maximum of twice
the annual time management accumulation. On March 31 of
each year, any employee credited with accrued leave
greater than twice the annual accumulation shall forfeit
that amount above the maximum accumulation. An employee
who has acquired the maximum allowable accumulation of
earned leave may continue to accumulate earned leave for
the balance of the year in which the maximum accrual was
reached, provided that the employee take sufficient
earned leave to reduce the accumulation to the maximum
allowable prior to the following March 31 or forfeit the
excess.
E. Upon an employee's termination, after six months of
service, all of the employee's earned leave (including
vacation rollover, if any) shall be paid to the employee
at the current rate of pay.
F. In the event of an employee's death, after six months of
service, all earned leave shall be paid to the employee's
designated beneficiary at the current rate of pay.
2 - POLICY NO. 94-12-01, TIME MANAGEMENT
G. During the first five years of employment, employees
shall be required to take a minimum of one (1) week of
earned leave per year. Thereafter, employees shall be
required to take a minimum of two (2) weeks of earned
leave per year.
H. Employees shall, whenever possible, request time off in
advance. Use of such leave must be scheduled between the
employee and his supervisor or designee. When an
employee is sick or an emergency requires his or her
presence elsewhere, the employee must notify the
supervisor as soon as possible.
I. After one year of continuous employment, employees may
convert up to 40 hours of accrued leave to cash on an
annual basis. To be eligible, an employee must maintain
a minimum balance of one year's accrual of annual leave
and must have used at least 40 hours of leave during the
previous twelve months. A request for conversion of
annual leave to cash is allowed once each fiscal year.
The request must be made prior to March.31 and will be
included in the employee's April paycheck.
J. During the last three years prior to retirement,
employees may sell up to 200 hours. each year of their
annual leave accrual at the current rate of pay.
Extensions of an employee's scheduled retirement date
notwithstanding, no employee will be entitled to this
option in more than three years. This paragraph is not
subject to any of the limitations expressed in Section I.
of this policy.
IV. PRIOR SICK LEAVE ACCUMULATION
An employee's existing sick leave accrual at the time of
entering the Time Management Program will be preserved in a
separate balance. No additional sick leave will be earned.
Existing sick leave will be treated in the following manner:
A. No compensation for accrued sick leave shall be provided
for any employee for any reason except that one-half of
the employee's accrued sick leave shall be paid to the
employee or his/her beneficiary upon death, retirement,
permanent total disability, or voluntary termination (not
including resignation in lieu of termination for cause) ,
after five years of continuous employment.
B. Employees will be allowed to convert up to 100 hours of
existing sick leave to the earned leave balance on a two-
for-one basis. (100 hours of sick leave will convert to
50 hours of earned leave.)
3 - POLICY NO. 94-12-01, TIME MANAGEMENT
C. Existing sick leave (banked sick leave) may be used by
employees only after the employee has been absent from
work for at least three days in a row for qualifying sick
leave utilization per the Personnel Rules. The first
three days will be either deducted from earned leave or
be identified as leave without pay.
DATED this 0?, day of 1994.
BARD OF COUNTY COMMISSIONERS
DESCHUTES CO ', OREGON
Attest: NANCY POPE
Recording Secre ary
HLANGEN, Chajr
TOSS
BARRY H. SLAUGHTER, Commissioner
4 - POLICY NO. 94-12-01, TIME MANAGEMENT
-{ES
a < Deschutes County Administrative Policy HR -16
Effective Date: DRAFT 6/7/10
NON -REPRESENTED EMPLOYEES
TIME MANAGEMENT LEAVE PROGRAM
STATEMENT OF POLICY
It is the policy of Deschutes County to provide non -represented employees with a leave -with -pay program
that is easily understood, responsive to individual needs, and easy to administer. This program is also
intended to eliminate any abuse of sick leave while rewarding employees for faithful attendance and
productivity.
APPLICABILITY
This policy applies to all non -represented Deschutes County employees. Employees covered by a
collective bargaining agreement will accrue leave time in accordance with the terms of the applicable
collective bargaining agreement.
DEFINITIONS
For the purpose of this policy, the following definitions shall apply:
"Sick leave bank" is leave available for use when an employee is sick and absent from work for the
equivalent of three entire workdays due to an illness or injury. Leave accrued above the annual maximum
and not sold back is transferred to the sick leave bank. Sick leave is not paid out.
"Sick leave vault" is leave available for use when an employee is sick and absent from work for the
equivalent of three entire workdays due to an illness or injury. One-half of the sick leave vault hours will
be paid to the employee upon termination of employment.
POLICY AND PROCEDURES
A. Leave-with-payprovisions.
1. Non-exempt employees: Full-time, non-exempt employees will earn leave in accordan;e
with the following schedule:
Months of Service
Hours of
Leave per
Year
Earned Leave
Accumulation
0 - 48 months
168 hours
14 hours/month
49 — 108 months
192 hours
16 hours/month
109 — 168 months
216 hours
18 hours/month
169 — 228 months
240 hours
20 hours/month
229 — 288 months
264 hours
22 hours/month
289+ months
288 hours
24 hours/month
HR -16 Time Management Policy Page 1 of 3
2. Exempt employees. Full-time, exempt (salaried) employees will earn leave in accordance
with the following schedule:
Months of Service
Hours of
Leave per
Year
Earned Leave
Accumulation
0 — 48 months
216 hours
18 hours/month
49 — 108 months
240 hours
20 hours/month
109 — 168 months
169 — 228 months
264 hours
288 hours
22 hours/month
24 hours/month
229+ months
312 hours
26 hours/month
3. For regular part-time employees, leave accrual shall be pro -rated by comparing the number of
work hours designated for the employee with the designated number of hours for a full-time
position. Employees working less than half-time shall not accrue leave.
4. Employees may accumulate earned leave to a maximum of twice the employee's annual time
management leave accumulation. On March 31 of each year, any employee credited witl
accrued and unused leave greater than twice his or her annual leave accumulation shall have
the amount above the maximum accumulation transferred to his/her sick leave bank. if thc
employee does not have a sick leave bank, a sick leave bank will be established for the
employee. Any adjustment to the employee's leave bank based upon the employee exceedin
the maximum accumulation will be made in April of each year. An employee who hE
reached or exceeded the maximum allowable earned leave may continue to accumulate leap
for the balance of the following year (from April to March). However, the employee must w e
sufficient leave to reduce his/her accumulated leave to the maximum allowed prior to tl e
following March 31. The excess will be transferred to the employee's sick leave bank.
5. Upon termination of employment, all of the employee's accumulated and unused tin,.e
management leave shall be paid to the employee at the employee's rate of pay in effect at the
time of termination. Upon termination of employment, sick leave banks will not be paid out
6. Upon the death of an employee, all of the employee's accrued and unused time management
leave shall be paid in accordance with state law at the employee's current rate of pay in effi ct
at the time of death.
7. During the first five years of employment, employees shall be required to take a minimum of
one week of time management leave per year. Thereafter, employees shall be required to
take a minimum of two weeks of time management leave per year.
8. After one year of continuous employment, full-time employees may elect to receive payment
of up to 80 hours of accrued time management leave. To be eligible, an employee must h the
a minimum balance of 12 months accrual of earned time management leave and must hive
used the minimum time management leave specified in section 7 above. Regular part -t me
employees may opt to receive payment of accrued time management leave on a pro -n ted
basis by comparing the number of work hours designated for the employee with the
designated number of hours for a full-time position. (Example: a half-time employee nay
only receive payment for a maximum of 40 hours). Request to sell leave forms wil be
distributed to employees by the Personnel Department during the first full week of April l ach
year. The request form must be submitted to Personnel by no later than April 15 and
payment will be included in the employee's April paycheck.
HR -16 Time Management Policy Page 2 of 3
9. During the last three years prior to retirement, employees may sell up to 200 hours of time
management accrual each fiscal year at the current rate of pay. No employee will be entitled
to this option in more than three years prior to retirement. This paragraph is not subject to
any of the limitations expressed in sections 7 and 8 of this policy.
B. Prior sick leave accumulation.
1. Employees with an existing sick leave bank as of the date this policy is signed shall have
those hours moved to a "sick leave vault." One-half of the employee's sick leave vault
balance will be paid to the employee upon termination of employment or, upon death of the
employee (in accordance with state law). No additional hours will be transferred to the sick
leave vault.
2. When an employee transfers to a position covered by the time management program, the
employee's existing sick leave accrual will be accounted for separately from time
management leave in a sick leave bank. No additional sick leave will be earned or accrued
Employees will be allowed to convert up to 100 hours of existing sick leave to the
employee's time management leave bank on a two-for-one basis. (Example: 100 hours of
sick leave will convert to 50 hours of earned time management leave).
3. No compensation for accrued sick leave in the sick leave bank will be provided to am_
employee for any reason.
C. Use of Accrued Leave Due to Illness or Injury. Unless otherwise required by law, the sick leav
bank and sick leave vault may only be used by the employee after the employee has been abser t
from work for the equivalent of three entire workdays due to the same illness or injury. Time o!f
during the first three (3) days will be deducted from the employee's accrued and unused time
management leave or, if the employee does not have sufficient time management leave, will 1e
deducted from accrued compensatory time or any other paid leave time.
D. Employees covered by the provisions of this program shall not be eligible for separate vacation )1-
sick
rsick leave benefits.
Approved by the Deschutes County Board of Commissioners
Dave Kanner
County Administrator
HR -16 Time Management Policy Page 3 of 3