IN THE COUNTY COURT OF THE STATE OF OREGON IN AND FOR THE COUNTY OF GRANT – SEPTEMBER 24, 2014

Pursuant to notice made to the newspaper of general circulation throughout Grant County, the radio station, website and e-mail list, a regular meeting of the County Court was held at the County Courthouse in Canyon City OR.

9:00 am — Call to Order. Present were Judge Scott W. Myers, Commissioners Boyd Britton and Chris B. Labhart, Secretary Mary Ferrioli, Billie Joe and Terry George, Jim Sproul and Flora Cheadle. A Pledge of Allegiance was given to the United States flag. The invocation was given by Flora Cheadle.

AGENDA. MSP: Britton/Myers — to accept the agenda with approval of a hand check to Echanis Distributing that was signed by Judge Myers earlier this week.

HAND CHECK. The court had approved Judge Myers’ earlier signature on a hand check to Echanis Distributing totaling $367.00 for the Bronc Riding bar at the fairgrounds last Saturday.

ANNOUNCEMENTS.

Myers reported on ESD’s previous request for temporary use of office space at the Courthouse due to last week’s fire that damaged the ESD building. EOU and BMCC staff is housed within the Planning office and Early Education staff is operating in the former Commission on Children and Families space. Admin and Tech staff is working out of two portable trailers behind the burned building.

9:10 am — Brenda Percy entered

Yesterday Myers traveled to Cottonwood Creek Canyon State Park in Wasco County with Wheeler County Judge Chris Perry and Gillam County Planner Susie Anderson for the John Day River Core Team meeting. Monday, he was interviewed by EOU Senior Brent Labhart for his school paper about the county’s Anti-Government Reputation. Today the court will interview Pinnacle Architecture of Bend and RSS Architecture of Woodburn regarding the proposed Courthouse Elevator Installation Feasibility Study. Tonight the Forest Service’s Magone Project public meeting will be held from 5 – 8 pm at the airport

Last Thursday Labhart drove the VA van to Boise and attended a hospital board meeting. Monday he chaired the Regional Community Advisory Council meeting in Burns. Yesterday he attended the School Based Health Clinic meeting at the health department. At noon he has an LCAC meeting at the airport conference room. Labhart will attend the Pine Creek Fire Wise dedication this Friday at 1 pm and Monday he has a hospital compliance meeting.

9:15 am – Kathy Smith entered

Britton attended a meeting of the Public Access Advisory Board Thursday evening at the Outpost. Yesterday he was in Portland with King and Zach Williams, Mark Webb, and Susan Jane Brown, and Forest Service representatives for a meeting with the new Regional Forester about important forestry issues and the need for ongoing funding for the Stewardship Project.

Billie Jo George asked if Britton came to the Public Access Advisory Board meeting with the blessing of the court. Myers said he knew Britton was going to speak with Jim Sproul about an alleged incident on the forest – but not in that public setting. Labhart didn’t remember Britton mentioning a name, but he had mentioned he was going to attend the board meeting.

RETURN-TO-WORK. The court considered establishing a return-to-work date for a Road employee who completed Family Medical Leave. Myers had a conversation last evening with Road Master Sue Horn who is in favor of the employee returning to work. He said Horn is excited about the idea of working with Morrow County Public Works Director Burke O’Brien as a consultant / advisor on projects during her medical leave. Myers had not yet spoken with Morrow County Judge Terry Tallman about his potential involvement.

9:25 am – News Reporter Scotta Callister, Ryan Joslin and Cleo McCluskey entered

Myers also reported on his contact so far with CIS about handling this decision. Labhart confirmed that Myers had the Road Master’s favorable response documented for the record.

Myers believed the court could move ahead with a back-to-work decision since an agreement is already in place. He recommended next Monday, September 29, as a start date.

Personnel Manager Brenda Percy clarified that this situation / decision is one in which the court needs to be involved. Britton really felt this was appropriate to discuss further in Executive Session because it involves policy. Labhart pointed out that policy discussion cannot be done in Executive Session.

Jim Sproul said it is past practice for the County Judge to assume responsibilities of Road Master for the period of time the position is vacated. He didn’t see this as an issue and felt the citizens wouldn’t see this as an issue. Myers indicated the back-to-work decision is definitely a decision for the court which needs to be made post haste.

Later, with acknowledging that the Last Chance Agreement is in place, the court agreed with a return to work date of September 29 for the Road employee who has completed Family Medical Leave. MSP: Labhart/Britton — to accept the professionals’ recommendation to allow the Road employee to return-to-work under the current Last Chance Agreement starting Monday, September 29, 2014.

LEGAL ASSISTANT. District Attorney Ryan Joslin requested approval of proposed revisions to the Legal Assistant job description that’s been used for many years for both of his staff. He also requested evaluation of revisions by LGPI for placement on the wage scale. Joslin pointed out that over the past eight years Cleo McCluskey has been his Office Manager. He added that during that time his office has gone from two assistants to six staff, with the grant-funded Victim Assistance Program.

Several major changes were proposed throughout the job description for Cleo McCluskey that includes changing it from Legal Assistant to “Office Manager,”exercising supervision and performance evaluation of Legal Assistant Michele McManama, plus participate in the hiring of staff, training and discipline. Other updates were proposed in the areas of Essential Functions, Work Environment, Desirable Qualifications, Skills, Abilities, Experience and Training.

Several proposed updates were made throughout the job description for Michele McManama that includes working under the Office Manager’s direction with supervision by both the Office Manager and the DA. Other changes have been proposed in the areas of Essential Functions, Work Environment, Skills, Abilities, Experience and Training.

Myers asked why the job description revision had not been requested during the last eight years. It his experience, he said, these two positions have mirrored each other in pay and benefits. Joslin replied, pay and benefits yes, but not job duties. He said the revision was brought to his attention by McCluskey earlier this year, but the move, the election and case work took precedence. He had spoken with new DA Jim Carpenter who told Joslin he didn’t have enough information at this point to take a position. Joslin felt it was good timing now to move forward with these changes. Britton agreed that it is well past time to bring this forward. But, Joslin had six years to do this, so it is better to wait for Mr. Carpenter to look at it in three months. Britton told Joslin that McCluskey is the county’s employee, but (as Department Head) he never told the court she is acting as Office Manager. Britton felt the employee could possibly be compensated for the work if a higher pay rate is determined.

Myers agreed with Britton. He didn’t know if the Office Manager supervisory role had come up until recently and said the possible compensation expense has not been budgeted, so it would be an additional expense. Myers understood both Legal Assistant positions have historically been in the same wage category, and delegation of duties may be distributed differently after Mr. Carpenter takes office. He added, an LGPI evaluation of both job descriptions now could cost as much as $500 which could be only for a three month period. He recommended delaying the decision. Treasurer Kathy Smith pointed out that changing the job to supervisory Office Manager doesn’t actually mean the pay rate would change, because we have an Office Manager job description in the same category as Legal Assistant. She added that supervision duties are also different than hiring, evaluating and firing responsibility.

Percy felt it was appropriate to re-evaluate job descriptions, but it’s something that should wait until the new DA takes office. McCluskey said she chose to bring it to the county’s attention now and, no matter how long it takes, she would ask for back pay from this date forward – if the job is placed at a higher pay rate. Percy pointed out that McCluskey has never been approved by the county to be a supervisor, so she doesn’t have the right to supervise. Myers added that this change was never officially made, and ownership of this issue belongs to the District Attorney, not to McCluskey. The Department Head should be the person to bring forth a proposed job description change. McCluskey explained that the change could have been done a long time ago, but there has been a lot of turmoil in the office over the years, and now another change in is coming. MSF: Britton/Myers – to post pone the discussion on proposed job description revisions until possibly February when new leadership is in place. Myers seconded upon clarifying that, we are actually denying the request. During discussion News Reporter Scotta Callister asked about the court’s responsibility to determine if a pay inequity has merit once it has been pointed out. Britton saw this as a management issue that would give the new DA respect and deference to set up and run the office as he wishes. Further clarification took place about county policy on LGPI’s role in evaluating job descriptions and a prior staff supervision proposal in the CCF office that was previously denied by the court.Labhart felt the court had the duty to deal with this proposed Office Manager change and saw nothing wrong with updating the job description immediately. The question was called. Britton and Myers voted no; Labhart voted yes.

Joslin intended to leave operation of his office the same as it has been over the past eight years. He said the supervisory role of McCluskey is subordinate to his because he’s the Chief Supervisor and has been doing the hiring, firing, discipline, and performance evaluations for his staff. Britton suggested that we send the job descriptions to LGPI now, even though we may be re-evaluating them again after the new DA takes over. Some discussion took place among court members to clarify their understanding of the previous motion and vote. MSP: Britton/Myers — to immediately have Ms. McCluskey and the Ms. Percy get together to review duties to see that the revised Office Manager job description is placed at the appropriate wage scale by LGPI. Percy said she had not been involved in making these proposed job description revisions, but would look at them and send them to LGPI if approved to do so by the court. The revised job descriptions will be reviewed by the court next week before submission to LGPI.

9:46 am — Dean Hoodenpyl entered

EASLEY CASE EXPENSES. As requested, Juvenile Department Director Dean Hoodenpyl reviewed and discussed estimated expenditures by his department as of September 19 associated with the Easley case. Expenses include Peak Alarm Private Security at Boise Hospital $453.25, detention $6,670, medical $755.25, transport costs $1,521.35, and NORCOR detention $5,468.94 for a grand total of $14,868.80.

Hoodenpyl brought the court up-to-date on the outcome of last week’s hearing and provided background on arrangements made to successfully have the juvenile hearing in Grant County. This type of hearing had not been done before, but this was the least expensive method for the county. Weekly transports were made with Hoodenpyl personally making three of them. Hoodenpyl said the juvenile was a gentleman through the entire process. Hoodenpyl praised Juvenile Counselor Cindy Tirico and the Jail staff for their excellent contribution to this challenging process. He said over $33,465.00 in detention fees was saved due to Umatilla County allowing us to use their bed. Myers said he met the Executive Director of NORCOR yesterday who spoke well of the transports and how smoothly it went for NORCOR. He had also heard how well the Jail staff had handled the process.

Britton thanked Hoodenpyl and his staff for the excellent job they did for the county. He also made a motion. MSP: Britton/Labhart — to send letter of appreciation and thanks to the Umatilla County Commissioners.

10:20 am – Judy Kerr entered

Labhart asked District Attorney Ryan Joslin what (expenses) he saw for the future with this case. Joslin took credit for his office saving money by suggesting the hearing take place here Monday through Thursday with 96 hour holds. He said the juvenile will be tried in Juvenile Court which means, if found guilty of 2 counts of aggravated murder, he could be kept in detention through his 25th birthday then released without conditions. Joslin reported that a Motion Hearing is set for February 17 and the Trial is set for March 2 – 12. But, he said, there’s a possibility the case would be resolved before trial. Labhart sought clarification from Joslin about the estimated cost to the county for housing the juvenile during the hearing and trial. He said once the juvenile is sentenced, costs transfer to the state. Labhart thanked both Hoodenpyl and Joslin for putting all of these arrangements together. Myers asked for an estimated range of possible future costs. Joslin thought expert witnesses and other associated costs, if the case goes to trial, could be around $15,000. Treasurer Kathy Smith and the court talked about plans for preparing a Budget Transfer Resolution once the final cost for the expert witness at the previous hearing is known.

PUBLIC ACCESS ADVISORY BOARD. Advisory Board members had asked to speak with the court today to address questions about the function and ongoing operations of the board. Billie Jo George, Jim Sproul and Judy Kerr were present. Questions came about after the board’s September 18 meeting at the Outpost Restaurant when Commissioner Britton had been present. The court addressed the following questions:

Are members allowed to ask road-related questions of the Malheur NF staff?

Myers didn’t know why not, even as private citizens. He suggested that forest staff be informed the individual represents the Public Access Advisory Board member. Judy Kerr and Labhart talked about the benefit of involving forest staff at board meetings. Myers asked people to remember that interactions with the Forest Service were not intended to be an adversarial in nature. He said some patience and experience from all is what’s needed because we have no idea how this will work. Kerr indicated that two board members would be present when asking questions of forest staff.

10:45 am – Dave Halemeier and Amy Unthank entered

How long does the board have to wait to receive information and direction from the court about proposed road closures?

Billie Jo George said she was a little impatient and would like to see information on several previous projects with road closures that has never been given to the board. Myers and Labhart pointed out this is a brand new process and it will take time. The county had sent letters to public agencies late last week requesting information, as the board requested.

Why hasn’t the board received information yet on Big Mosquito, Elk 16, Aquatic Restoration, and the Magone Project?

Forest Service rep Dave Halemeier explained nothing has been decided yet about closures, and the public meeting on the Magone project will be held tonight at the airport. He said they are not even close to knowing what they would close or decommission. Discussion followed about the benefits of involving the county in the planning process. Kerr indicated she would like to obtain road engineering condition reports from the forest on the Magone Project. She and Halemeier talked about changes in the process for planning by gathering the public’s input before the plan’s purpose and need is written, and scoping is done. He talked about the forest’s attempt to be as transparent as possible. Halemeier explained how the process was done to present the Galena Project to the court; however, we are still in the comment period for other projects. The public will then be given a opportunity to review and discuss the next proposal — once that has been written. Some other discussion followed about the draft documents the court has received on the Aquatic Restoration project. Labhart noted that large maps and overlays of proposed projects are helpful because they show a clear overview of what is actually on the ground. Myers pointed out that we are months away from maps and overlays on the Magone Project.

Are all three or one court member to be involved in board matters with projects?

Myers felt the court’s intent was to have involvement and participation by all court members with the board around these issues.

Kerr asked about sending public agency letters to Iron Triangle. She was told they would receive information on the Stewardship Contract from a public agency. Discussion followed about the opportunity to hold board meetings at the Courthouse Conference Room, and options for how the board’s meetings could be conducted in the future. Other discussion also took place last week with Deputy Forest Supervisor Steve Beverlin about previous encounters that forest road officers had with the public.

Earlier, Jim Sproul had mentioned there were questions from landowners Wayne Smith and Charlie Boston whose properties he inspected on Sunday, and a landowner in Silvies Valley about an access road that was being closed last week. Discussion took place about BLM recently removing temporary closure on the Jackass Creek Road, Murderers Creek Road and Oliver Creek Road; and Deer Creek Road remaining closed to vehicle traffic until fire hazards are mitigated.

PUBLIC COMMENT. Blue Mountain District Ranger Dave Halemeier introduced Amy Unthank, the new Planning / Natural Resources Office. He also announced the Magone Project meeting tonight at the airport and the Bald Sisters Fire Update tonight at Prairie City Community Center.

WINDOW CLEANING. Court members signed a contract with Hoffman’s Yes-We-Do Cleaning to provide annual window cleaning services for $2,985.00. The bid opening and award had been done last week. MSP: Myers/Labhart — to circulate for signature the Contract for Goods and Services Less Than $5,000.00 with Hoffman’s Yes-We-Do Cleaning to provide annual window cleaning services for a total amount of $2,985.00.

COMMITTEE VOLUNTEERS. The court considered applications received from volunteers this quarter and made the following appointments to fill vacancies.

Senior Citizens Advisory Council. Labhart provided information about functions of the Senior Citizens Advisory Council and then made the following motion. MSP: Labhart/Britton — to appoint Joe Phippen and Nicky Sprauve to the vacant terms scheduled to expire June 30, 2017.

Airport Commission. MSP: Myers/Labhart — to appoint Robert Watt to fill a vacant term scheduled to expire December 31, 2014.

Road Advisory Board. MSP: Myers/Labhart — to appoint Dave Sandersfeld to fill the vacant term scheduled to expire June 30, 2017.

MINUTES. MSP: Myers/Britton — to approve the September 17 minutes as amended.

11:45 am — Adjourned. At 1:00 pm the court was scheduled to conduct interviews with architectural firms about a proposed Courthouse Elevator Installation Feasibility Study. Labhart was not available to attend.

Respectfully Submitted,

Mary R. Ferrioli

County Court Secretary

To access County Court Agendas and Minutes go to the Commissioners page at the Grant County website www.gcoregonlive2.com.