Josephine County Board ofCommissioners WBS (Paperless).pdf · 1/28/2015 · article 16- personnel...

Josephine County Board of CommissionersKeith Heck, Chair; Cherryl Walker, Vice Chair; and Simon G. Hare, Commissioner

Josephine County Courthouse, 500 N. W. 6th Street Dept. 6, Grants Pass, OR 97526541) 474- 5221, Fax( 541) 474- 5105 http:// www.co. iosenhine. or.us

WEEKLY BUSINESS SESSION

Agenda

Revised 1/ 23/ 15)

January 28, 2015, 9: 00 a.m.2nd

Wednesday ofMonth is Evening Meeting)Anne G. Basker Auditorium

600 N.W. Sixth Street, Grants Pass, Oregon

1. PRESENTATION: PowerPoint by Energy Trust of Oregon( Chase)2. ADMINISTRATIVE ACTION(S) IN CONSIDERATION OF:

a. Approval of a Zero Non Union COLA

b. Approval of Collective Bargaining Agreement between the Board of County Commissioners, Sheriffs Office, andSheriff Association

c. Approval of Resolution 2015-004; In the Matter of Submitting to Josephine County Voters at the May 19, 2015Special Election, an Ordinance Regulating Marijuana and Marijuana Products

d. Approval of Personal Services Contract between Josephine County and Southern Oregon Small DiameterCollaborative, dba Southern Oregon Forest Restoration Collaborative

3. REQUESTS/COMMENTS FROM CITIZENS: ( Each person will be given three( 3) minutes to speak)

4. APPROVAL OF CONSENT CALENDAR:

a. Minutes( Draft minutes are availablefor viewing in the Board's Office)General Discussion— January 13, 2015Executive Session Meeting( Open Session)— January 14, 2015Weekly Business Session— January 14, 2015

b. Request for Position Change in Assessor' s Office

c. Resolution No. 2015-003; In the Matter of Appointments to the Josephine County Fair Board5. OTHER: ( ORS.192. 640( 1) ". . . notice shall include a list ofthe principal subjects anticipated to be considered at the

meeting, but this requirement shall not limit the ability ofa governing body to consider additional subjects.')

6. MATTERS FROM COMMISSIONERS:

The Board requests that you follow the rules and procedures for meetings as described in ORDINANCE 92-27, SECTION 7

Meetings shall at all times be orderly and respectful. When permitted, each person shall be given three( 3) minutes to speak or such other longer time as may beallowed by the presiding officer. No person shall be heard until he or she states their name and address for the record. The presiding officer may terminate themeeting when necessary or refuse to recognize anyone who:

a. Is disorderly, abusive or disruptive;b. Takes part in or encourages audience demonstrations, such as applause, cheering, display of signs, shouting or other conduct disruptive of the meeting;c. Speaks without first receiving recognition from the presiding officer and stating his or her full name and address( when requested); ord. Presents irrelevant, immaterial or repetitious comments.

If special physical or language accommodations are needed for this Public Session, please notify the Commissioners' Officeat( 541) 474-5221 at least 48- hours prior to Session. TDD( Hearing- Impaired) 1- 800-735- 2900.

1

1

Josephine County Board of Commissioners

AGENDA REQUEST FOR BOARD OF COMMISSIONERS

Benda Reauests are due by NOON on Monday of the week scheduled for Administration WorkshopRequests received after that time will be placed on the Administration Workshop agenda for the following week

If sending documents electronically- send to both

puinneco.iosenhine.or.us and Imcelmur v(d co.iosenhine.or.usREVISED NOVEMBER 2014 i

1I Date Submitted to BCC 1 01/ 15/ 2015I Administration Workshop Meeting Date( Thursday) 1 01/ 22/2015I WBS Meeting Date( Wednesday) Note: Second Wednesday of the month is evening session I

AGENDA TITLE: Request for Non-Union COLA adjustment decisiont

Department/Contact Person( Include Title and Ext.#) I JJ Scofield HR Director 5216Presenter( Include Name and Title) I JJ Scofield HR DirectorBackground information The board traditionally decides whether the non- union group

receives a cost of living wage adjustment in January. K

Action you are requesting from the Board I Decide whether or not to give a COLA to non-union groupReviewed by Finance Director( If yes, Finance's signature required) I YReviewed by Legal Counsel( Ifyes, Legal's signature required) I naTotal Revenue, Cost, or Pass-Thru Funds to the County I Depends on what decision is; the CPI W B/ C for Nov is. 9%Notes or Special Instructions to BCC Staff I

Title of Document(s) Number of Are all signatures on Are additional Will a state or Will additional signaturesSubmitted original the documents? Y/ N signatures needed? federal agency be be received electronically?

All exhibits must be documents or BCC only Y/N signing the Y/ N i

clearly marked submitted document? Y/ N t

I I I I I tDOCUMENT DISTRIBUTION: Board staff is required to submit one fully executed document with original Board signatures for irecording in the Board' s Journal in the County Clerk's Office unless otherwise specified under Notes or Special Instructions toBCC Staff. s

All Signatures: If all signatures are obtained, one fully executed original document will be filed in the Board's Journal in the CountyClerk' s Office and all other originals will be returned to the contact person. If only one original was submitted, an electronic copy will bereturned to the contact person.

Additional Signatures Needed on Original Documents: Board staff will retain one document with original Board signatures andreturn the additional originals to the contact person to obtain the remaining signature(s). Upon department receipt of the fully executeddocument, one fully executed original document must be returned to Board staff for recording in the Board' s Journal in the CountyClerk's Office.

Additional Signatures Needed on Electronic Documents: Board staff will retain one document with original Board signatures andreturn an electronic copy to the contact person to obtain the remaining signature(s). Upon department receipt of the fully executedelectronic document, one fully executed electronic document must be returned to Board staff for recording in the Board' s Journal in the g'

County Clerk's Office.

i

C i

I

1

COLLECTIVE BARGAININGAGREEMENT

BOARD OF COUNTY COMMISSIONERS,SHERIFF' S OFFICE

AND

SHERIFF ASSOCIATION

July 1, 2014 f

through

June 30, 2017

Josephine County and Josephine County Sheriffs AssociationFinal Contract 7/ 1/ 2014— 6/ 30/2017

sgt[.

TABLE OF CONTENTS

PREAMBLE 5DEFINITIONS 5

ARTICLE 1 - RECOGNITION 8

1. 1 SOLE AND EXCLUSIVE BARGAINING AGENT 81. 2 EXCLUSIONS 81. 3 NEW CLASSIFICATIONS 8

1. 4 PART-TIME EMPLOYEES 8ARTICLE 2- MANAGEMENT RIGHTS 8

2. 1 MANAGEMENT RIGHTS. 8

ARTICLE 3- NONDISCRIMINATION AND HARASSMENT 9

3. 1 NONDISCRIMINATION 9

3. 2 NON-INTERFERENCE. 93. 3 COMPLAINT PROCEDURE. 9

ARTICLE 4- ASSOCIATION BUSINESS 104. 1 COLLECTIVE BARGAINING ACTIVITIES 104.2 GRIEVANCE PROCEDURE 10

ARTICLE 5- ASSOCIATION SECURITY 105. 1 CHECKOFF 10

5. 2 FAIR SHARE. 11

5. 3 NEW HIRES. 11

5. 4 BULLETIN BOARDS. 11

5. 5 RIGHT OF ACCESS. 12

5. 6 USE OF RESOURCES 12

ARTICLE 6 - BARGAINING UNIT WORK 12

6. 1 BARGAINING UNIT WORK AND SUPERVISORS. 12

6. 2 USE OF VOLUNTEERS 12

6. 3 TEMPORARY EMPLOYEES. 12

6. 4 REPORTS. 12

ARTICLE 7 - HIGHER CLASSIFICATION WORK 12

7. 1 HIGHER CLASSIFICATION WORK 12

7. 2 DETECTIVE DIVISION TEMPORARY OUT OF CLASS

ASSIGNMENT 13

ARTICLE 8 - HOURS AND OVERTIME 13

8. 1 WORKWEEK 13

8. 2 WORKDAY 13

8. 3 WORK SHIFT. 14

8. 4 SHIFT SELECTION AND DAYS OFF; 'TEMPORARYASSIGNMENTS 14

8. 5 REST PERIODS. 14

8. 6 MEAL PERIODS 14

8. 7 WORK SCHEDULES. 15

8. 8 OVERTIME 15

8. 9 OVERTIME COMPENSATION 16

8. 10 FORM OF COMPENSATION. 16

Josephine County and Josephine County Sheriffs Association

Final Contract 7/ 1/ 2014- 6/ 30/ 2017

r

8. 11 CALLBACK. 17

8. 12 OVERTIME FOR COURT APPEARANCES. 178. 13 OVERTIME PAY FOR OFF-DUTY TELEPHONE CALLS 18

8. 14 ON CALL. 18ARTICLE 9 - HOLIDAYS 18

9. 1 HOLIDAY LEAVE AND ACCRUAL RATE. 18

9. 2 HOLIDAY COMPENSATION. 18

9.3 HOLIDAY COMPENSATION AT TERMINATION. 19ARTICLE 10 - VACATIONS 19

10. 1 VACATION/PERSONAL LEAVE. 1910. 2 ACCUMULATION OF VACATION CREDITS. 19

10. 3 VACATION SCHEDULE 20

10. 4 TRANSFER CREDITS AND TERMINATION VACATION PAY. 21

ARTICLE 11 - SICK LEAVE 21

11. 1 ACCRUAL. 2111. 2 IMMEDIATE FAMILY. 21

11. 3 NON-ACCRUAL. 21

11. 4 NOTIFICATION. 21

11. 5 SICK LEAVE WITHOUT PAY 22

11. 6 PERS. 22

11. 7 DEATH OR RETIREMENT. - 22

ARTICLE 12 - LEAVES OF ABSENCE 22

12. 1 FAMILY AND MEDICAL LEAVE. 22

12.2 BEREAVEMENT LEAVE ERROR! BOOKMARK NOT DEFINED.12. 3 PAID LEAVES OF ABSENCE 23

12.4 UNPAID LEAVES OF ABSENCE 23

12. 5 LEAVE CREDIT WHILE ON UNPAID LEAVE. 23

12. 6 INSURANCE PREMIUMS DURING UNPAID LEAVE. 24

12. 7 EXHAUSTION OF ACCRUED LEAVE. 24

12. 8 HARDSHIP DONATIONS. 24

ARTICLE 13 - SENIORITY 24

13. 1 NEW EMPLOYEES. 24

13. 2 TYPES OF SENIORITY. 2513. 3 TRIAL SERVICE PERIOD UPON TRANSFER OR PROMOTION. 26

13. 4 BREAKS IN SENIORITY. 26

ARTICLE 14 - LAYOFF AND RECALL 26

14. 1 TEMPORARY WORK 26

14.2 CLASSIFICATION SENIORITY. 27

14. 3 COMPENSATION AFTER BUMPING. 27

14. 4 VOLUNTARY LAY OFF. 27

14. 5 RECALL. 27

14. 6 NOTICE OF RECALL FROM LAYOFF STATUS. 27

14. 7 BENEFIT RESTORATION. 28

14. 8 REINTEGRATION FROM LAYOFF. 28

14. 9 BUY BACK. 28

ARTICLE 15 - DISCIPLINE 28


Final Contract 7/ 1/ 2014- 6/ 30/2017 11-

I

15. 1 DISCIPLINE 28

15. 2 NON-PROBATIONARY EMPLOYEE. 2815. 3 INVESTIGATORY INTERVIEW. 2815. 4 NOTICE OF DISCIPLINE& PRE-DISCIPLINE MEETING. 2915. 5 MANNER OF IMPOSITION. 3015. 6 COPY OF INVESTIGATION. 3015. 7 ADMINISTRATIVE LEAVE. 3015. 8 GRIEVANCES. 30

ARTICLE 16- PERSONNEL FILE 3016. 1 MAINTENANCE. 3016.2 NOTICE OF FILE CONTENTS. 30

16. 3 RESPONSE 31

16.4 COPIES 3116. 5 REMOVAL. 3116. 6 STALENESS. 31

ARTICLE 17 - SETTLEMENT OF DISPUTES 3117. 1 INFORMAL RESOLUTION 31

17.2 GRIEVANCE DEFINITION AND GRIEVANCE AND ARBITRATIONPROCEDURE 31

17. 3 TIME LIMITS. 3317.4 GRIEVANCE FILE. 33

ARTICLE 18 - MILEAGE AND PER DIEM 33

18. 1 COUNTY TRAVEL. 3318.2 TRAVEL TO POLICE ACADEMY. 33

ARTICLE 19 - INSURANCE 3319. 1 MEDICAL, VISION AND DENTAL INSURANCE. 33

19. 2 FLEXIBLE SPENDING ACCOUNT 34

19. 3 LONG-TERM DISABILITY INSURANCE 34

19. 4 LIABILITY INSURANCE. 34

19. 5 LIFE INSURANCE. 34

19. 6 MOTORIST POLICY 34ARTICLE 20 - RETIREMENT 34

20. 1 PERS. 34

20.2 PERS ` PICK-UP' 3520.3 DEFERRED COMPENSATION PROGRAM 35

ARTICLE 21 - COMPENSATION 35

21. 1 SALARY SCHEDULE 35

21. 2 CERTIFICATION PAY. 35

21. 3 SALARY INCREASES 3521. 4 PAY PERIODS AND DRAW. 36

ARTICLE 22 - WORKERS COMPENSATION 36

22. 1 COVERAGE 36

22.2 PAY ON DATE OF INJURY 36

22. 3 PROCEDURES 37

ARTICLE 23 - OFF-DUTY INJURY OR ILLNESS. 37-

ARTICLE 24- GENERAL PROVISIONS 38

1Josephine County and Josephine County Sheriffs Association

Final Contract 7/ 1/ 2014- 6/ 30/ 2017

I

24. 1 INFORMATION 3824.2 JOB DESCRIPTIONS. 3824. 3 UNIFORM AND PROTECTIVE CLOTHING. 3824.4 PROMOTIONS 3824.5 INSPECTIONS AND SEARCHES. 3924.6 DRUG TESTING 3924.7 RULES 3924.8 CAPTIONS. 39

ARTICLE 25 - MAINTENANCE OF STANDARDS 39ARTICLE 26 - OFF DUTY EMPLOYMENT 40

26. 1 PERMISSION 4026.2 OFF- DUTY EMPLOYMENT PROHIBITIONS. 4026. 3 SPECIAL DUTY FOR SECOND EMPLOYERS 40

ARTICLE 27- EMPLOYEE RELATIONS COMMITTEE 40ARTICLE 28 - SAVINGS CLAUSE 40ARTICLE 29 - STRIKES AND LOCKOUTS 41

29. 1 NO STRIKES 4129.2 NO LOCKOUTS. 41

ARTICLE 30 - TERM OF AGREEMENT 41

fi

7

Josephine County and Josephine County Sheriffs AssociationFinal Contract 7/ 1/ 2014— 6/ 30/ 2017 IV-

I

AGREEMENT

Between

JOSEPHINE COUNTY BOARD OF COMMISSIONERS,JOSEPHINE COUNTY SHERIFF

And

JOSEPHINE COUNTY SHERIFF' S ASSOCIATIONI

9

PREAMBLE

This Collective bargaining agreement( hereinafter called the " Agreement") is entered intobetween the Josephine County Board of Commissioners (hereinafter called the" County") and the

Josephine County Sheriff' s Association( hereinafter called the " Association").

DEFINITIONSi

The following definitions shall apply throughout this Agreement: 1

Authorized bargaining unit position"— A position which is found on the authorized

classification list of the County.

Calendar Year"— The twelve( 12) month period beginning on January 1 and endingDecember 31.

Certified Deputies"— Deputies who are certified by DPSST.

Classification"— A group ofpositions sufficiently alike in minimum skills, abilities, knowledge,duties, authority and responsibilities, such that the same salary range is applied to all positions inthe group.

Classification Seniority"— An employee' s status based on the employee' s length of continuousservice within a specific classification of the Sheriff' s Office.

Compensatory time off'—Time credited to an employee in lieu ofpaid overtime which is

accrued, and used as required, in accordance with FLSA regulations.

County"— Josephine County, Oregon, its Elected Officials, Division or Program Managers,and/or their designated representatives.

Demotion"— The movement of an employee with cause, from a position in one classification toa position in a lower classification.

DPSST"— Department of Public Safety Standards and Training.

Emergency"— A sudden, generally unexpected occurrence that demands immediate attention.Examples include, but are not limited to: occurrence of a threat to public health or safety; a

natural disaster; staffing levels which fall temporarily-below minimum staffingrequirements for

Josephine County and Josephine County Sheriffs AssociationFinal Contract 7/ 1/ 2014— 6/ 30/2017 5-

crisis coverage or for the Adult Jail; temporary, unexpected staff absences that would materiallyimpair operations.)

Employee"— A member of the Josephine County Sheriff' s Association who is employed by theJosephine County Sheriff' s Office.

FMLA"— The Family Medical Leave Act, as amended.

Full-time equivalent" or "FTE"— The ratio which an employee' s normal work schedule bears tofull-time( 40 hours per week or 2, 080 hours per year) employment.

Grievance"— A dispute regarding the application, meaning, or interpretation of this Agreement,or an alleged violation of this Agreement. A dispute is not a grievance until the County hasreceived notice as required in Article 17, Grievance Procedure.

Grievant"— A. bargaining unit employee, or bargaining unit representative, who alleges aviolation, misapplication, or misinterpretation of this Agreement, and has notified the County asset forth in Article 17, Grievance Procedure.

Human Resources Office"— The County office responsible for the administration of thepersonnel program, which includes recruiting, compensation, benefit administration,layoff/recall, and employee and labor relations.

Immediate family"—The mother, father, sister, brother, child, spouse, grandparent, grandchild,

father- in- law, mother-in- law, and any other relative of the employee residing in the employee' simmediate household or other individuals as defined by OFLA (Oregon Family Leave Act),FMLA( Family Medical Leave Act), or other applicable law.

Layoff'—A curtailment of a position, either completely or to a portion of its FTE level.

Law enforcement personnel"— Personnel who are serving in a position that requires a DPSSTcertification and are authorized to exercise the power to arrest.

Office"— The Sheriffs Office of Josephine County, Oregon.

Office Seniority"— An employee' s status based on continuous employment within the SheriffsOffice.

OFLA"— The Oregon Family Leave Act, as amended.

Paid Leave"— Time away from work with pay, including holidays, sick leave, vacation leave, r.

bereavement leave, and compensatory time off.

Payroll Anniversary Date" -- An employee' s most recent date of hire, promotion, or demotion.

Position"— A job to which an employee may be assigned within a classification, according tothe needs of the department and theemployee' s abilities and qualifications.


Final Contract 7/ 1/ 2014— 6/ 30/2017 6-

Probationary Employee"— An employee in a probationary period who may be removed from aposition with or without cause after initial hire, promotion, or transfer.

8

Probationary Period" or" Probation"— The first twelve ( 12) months or eighteen( 18) months of

employment with Josephine County.

Promotion"— The transfer of an employee to a position in a higher classification.

Reclassification"— A change in the classification of a position by raising it to a higherclassification, or reducing it to a lower classification, based on such factors as the requiredknowledge, responsibility, problem solving, and scope ofjob duties for the position.

Regular employee"— A full-time or part-time employee in a duly created, budgeted andauthorized position, who has satisfactorily completed his or her initial probationary periodfollowing initial hire.

Regular full-time employee"— A regular employee who works at least forty( 40) hours perweek.

Regular part-time employee"— A regular employee who works at least sixteen( 16) hours perweek.

I R

Sheriff'— The Elected Sheriff of Josephine County. I"

Sick Leave"— An employee benefit which provides compensated time for employees who are

absent due to personal illness, a death in the immediate family, or emergency needs due to illnessof an immediate family member.

Temporary employee"— An employee who is not in a regularly budgeted and authorizedposition, and who normally is paid out of an " Extra Help" or similar account. Temporaryemployees include casual/ seasonal workers, on call employees, and/ or other temporary workersas identified in the County Administrative Policies and Procedure.

Unpaid Leave"— An authorized leave of absence or disciplinary suspension that exceedsthirty( 30) days.

Transfer" — The movement of an employee from one position to another position.

Vacation"— An employee benefit which provides a time of respite from work, with pay.

Workday"— A period of time beginning at 12: 01 a.m. and ending at 12: 00 p.m. ( midnight) perCounty policy.

Work Interval"— Any fifteen( 15) minute segment of the work day.

Work period"— An established and regularly recurring period of work of fourteen ( 14)consecutive days established for law enforcement personnel.


Final Contract 7/ 1/ 2014— 6/ 30/20I7 7-

at

I i

Workweek"— A seven- day period beginning at 12: 01 a.m. on Sunday, and ending at 12: 00midnight) on Saturday per County policy, unless otherwise set for a particular employee.

ARTICLE 1— RECOGNITION

1. 1 Sole and Exclusive Bargaining Agent.

The County recognizes the Association as the sole and exclusive bargaining agent for thepurpose of" employment relations" for all budgeted full-time employees in the Josephine CountySheriff' s Office and for all regular part-time employees who work at least sixteen ( 16) hours perweek(. 4 FTE) for more than four( 4) consecutive months in a twelve( 12) month period of time.

Employees working less than these work hour levels shall be excluded.

1. 2 Exclusions.

The classifications of Sheriff, Undersheriff, Lieutenant, Business Manager, Command Sergeant,

Sergeant, Administrative Assistant, and all other supervisory and confidential positions areexcluded from the bargaining unit. Additionally, part-time employees who work less thansixteen( 16) hours per week(. 4 FTE) for less than four( 4) consecutive months in a twelve( 12)

month period of time, casual/ seasonal employees, and temporary/fill-in employees are notcovered by the terms of this Agreement.

1. 3 New Classifications.

New classifications to be covered by this Agreement may be developed by the County and aproposed wage scale assigned thereto. The County shall forward the new classifications andproposed wage scale to the Association for its review. In the event the Association does not

agree with the proposed wage scale, it may submit the issue under the provisions of Article 17,Settlement of Disputes, commencing at Step II.

1. 4 Part-time Employees.

Part-time employees in the bargaining unit, as defined in Section 1. 1, shall accrue and receivevacation, sick leave and holidays ( but not Insurance) in an amount proportionate to that accrued

and received by full-time employees.

ARTICLE 2— MANAGEMENT RIGHTS

2. 1 Management Rights.3

Unless specifically limited by this Agreement, the County retains without reservation all thecustomary, usual, normal and/ or exclusive rights, prerogatives, privileges, functions, and

authority connected with or in any way incidental to its right and responsibility to manage theaffairs of the Sheriff' s Office. Any term and/ or condition of employment not specificallyestablished or modified by this Agreement shall remain solely within the discretion of the fl

County: These rights of management shall include, but not be limited to, the following:


Final Contract 7/ 1/ 2014— 6/ 30/2017 8-

II

i

a) The determination of the level of Sheriff' s Office services to be rendered to the

citizens of Josephine County.

b) The determination of the County' s financial, budgetary, accounting, andorganization policies and procedures.

c) The continuous overseeing ofpersonnel policies, procedures and programspromulgated under any other terms of this Agreement or otherwise.

d) The management and direction of the work force, including the right to determinethe methods, processes and manner ofperforming work; the establishment of newpositions and the duties and qualifications required; the right to hire, promote,

reclassify, discipline for cause, transfer and retain employees; the right to lay offfor lack ofwork or funds; the right to abolish positions or reorganize the

departments or divisions; the right to determine shifts, assignments and schedulesofwork; the right to purchase, dispose of and assign equipment or supplies, and

the right to enter into service contracts or subcontracts.

ARTICLE 3— NONDISCRIMINATION AND HARASSMENT

3.1 Nondiscrimination.a

The County and the Association agree that they will fully comply with applicable laws regardingdiscrimination and harassment. The provisions of this Agreement shall be applied equally to allemployees in the negotiating unit without discrimination or harassment as to age, marital status,physical handicap, sex, race, color, sexual orientation, national origin, Association membership,or political affiliation. A grievance under this provision can proceed to arbitration only if theemployee, the Association, and the County all waive their right to litigate the alleged violation ofthis section through the Courts, or the Employment Relations Board.

3.2 Non- Interference.

The County and Association agree not to interfere with the rights of employees to becomemembers or refrain from becoming members of the Association. There shall be nodiscrimination, interference, restraint, or coercion by the County or the Association, or any oftheir representatives, against any employee because of Association membership ornonmembership.

3. 3 Complaint Procedure.

Claimed violations of Section 3. 1 may be pursued through the County' s identified complaintprocedure, the grievance procedure contained in Article 17 of this Agreement, or alternate legalprocedures. Employees who have harassment or discrimination complaints shall make a report to

their supervisor. If reporting this complaint is not appropriate or is uncomfortable for theemployee, employees are encouraged to follow the chain of command by reporting to the second ilevel of supervision, or to the third level of supervision, etc. If this is not appropriate or if this is

uncomfortable for the employee, employees are urged to seek assistance directly from theHuman Resource Manager.


Final Contract 7/ 1/ 2014—6/ 30/2017 9-

Supervisors who receive complaints from employees shall report such complaints immediately tothe Captain who in return shall report such complaints to both the Sheriff and the HumanResource Manager. After notification of an employee' s complaint, an investigation will

immediately be initiated to gather all of the facts about the complaint.

ARTICLE 4— ASSOCIATION BUSINESS

4. 1 Collective Bargaining Activities.

The time for collective bargaining activities shall be mutually agreed upon by the County and theAssociation. When mutually agreed upon collective bargaining activities occur during theregularly scheduled working hours of bargaining team members, they shall be allowed time offwith pay for that purpose; however, the number of Association bargaining team members shallnot exceed three( 3) members. The County shall be notified by the Association of the names ofdesignated representatives and bargaining team members. The Association will.make everyeffort to consider the requirements of the Office in utilizing time off.

4.2 Grievance Procedure.

The County agrees to allow time offwithout loss of pay for a maximum of three( 3) designatedAssociation representatives, if reasonably necessary, for the purpose of handling, investigatingand processing grievances. However, the affected Association representatives will attempt toschedule such activity so as not to interfere with Office operations, and attain the County' sapproval prior to undertaking the on- duty investigation of any grievance. Such approval shallnot be unreasonably withheld.

ARTICLE 5— ASSOCIATION SECURITY

5.1 Checkoff.

Any employee who is a member of the Association or who has applied for membership, shallsign and deliver to the Association, which shall be forwarded to the County, an originalassignment authorizing the deduction of membership dues of the Association. Suchauthorization shall continue in effect from year to year unless revoked or changed in writing.Pursuant to such authorization, the County shall deduct such dues from the salary check of theemployee each month. The amounts deducted shall be transmitted within five( 5) working daysto the Association.

The written request for dues deduction is not canceled when an employee is placed on any typeofunpaid leave, disciplinary removal or layoff status, however deductions shall not be madeuntil employee returns to duty. 1

The County shall deduct Association dues commencing with the first paycheck following theemployee' s return to paid status.

The Association will indemnify and hold the County harmless from and against any claimsarising as a result of the County' s carrying out the provisions of this Article.

Josephine County and Josephine County Sheriffs Associationf

Final Contract 7/ 1/ 2014— 6/ 30/2017 10-

5.2 Fair Share.

a) All employees covered by this Agreement who are members of the Association onthe effective date of this Agreement shall remain members in good standing, andthose who are not members on that date shall become and remain members in

good standing. A member in good standing is defined as an employee whotenders the periodic dues and initiation fees uniformly required as a condition ofacquiring and maintaining membership in the Association; or

b) In lieu of becoming a member in good standing, as above provided, an employeeshall, within thirty( 30) days from date of employment, make payments in lieu ofdues to the Association. Such payment shall be in a uniform amount established

by the Association for bargaining unit employees who are not members of theAssociation. This section shall be referred to as the " Fair Share Agreement" and

the County shall deduct from the salary check of each employee, each month, thepayments required by paragraph( a) or( b) of this Section, and shall remit thesame to the Association by the 15th day of each month. Employees who fail tomeet this requirement shall be discharged by the County upon demand of theAssociation; or

c) Any employee who is a member of a church or religious body having bona fidereligious tenets or teachings which prohibit association with a labor organization

or the payment of dues to it, shall pay an amount of money equivalent to regularAssociation dues to a nonreligious charity or to another charitable organizationmutually agreed upon by the employee affected and a representative of theAssociation. The employee shall furnish written proof each month to the Countyand Association that this has been done. Employees who fail to meet this

requirement shall be discharged by the County upon demand of the Association.

5.3 New Hires.

The County shall notify the Association of all new hires within ten ( 10) days after their havingbeen employed, and shall provide the Association with the new employee' s name, mailingaddress, and the position for which the employee was hired. Notification shall be accomplished

by submitting the information to the employee' s Representative.

5. 4 Bulletin Boards.

The County shall allow wall space in the squad room, the dispatch center, and jail, not to exceed3' x 4', for a bulletin board, which may be locked, to be used for the posting of notices andbulletins related to the Association. All items so posted shall bear the signature of an official of

the Association. The location of said bulletin board shall be as mutually agreed. Bulletin Boardswill be supplied by the Association.

Josephine County and Josephine County Sheriffs AssociationFinal Contract 7/ 1/ 2014— 6/ 30/ 2017 11-

1

5. 5 Right of Access.

Representatives of the Association shall have the right of access to the County' s premises,including the Sheriff' s Office, but shall not unreasonably interfere with the employee' s work,and they shall obtain clearance from the supervisor in charge before contacting any employee.

5.6 Use of Resources.

The County shall allow reasonable use of County buildings, equipment, facilities, and resourcesfor the purpose of union activities and holding Association meetings, based upon obtaining priorapproval and the availability of space. The Association shall not cause any unreasonableexpense to be incurred by the County through its use of County buildings, equipment, facilities,and resources without prior approval. The Association shall reimburse the County whenrequested to do so.

ARTICLE 6- BARGAINING UNIT WORK

6.1 Bargaining Unit Work and Supervisors.

Nothing in this Agreement shall be construed to restrict or exclude supervisory employees fromperforming general law enforcement duties.

z

6.2 Use of Volunteers.

Use of volunteers shall be at the discretion of the Sheriff so long as work performed does notreplace existing bargaining unit employees. The parties specifically agree that the County maydeploy volunteers in such a way so as to minimize the need for paid overtime work. Currentemployees may not work as a volunteer to perform duties within their current position within theSheriff' s Office or for the County. This Article 6 shall not be construed or applied to restrict theSheriff' s use of volunteers during periods of lay off.

6.3 Temporary Employees.

Use of temporary employees is allowed so long as work performed does not replace existingbargaining unit positions. No temporary employee shall be utilized for a certified positionwithout either having been certified or having attended a forty( 40) hour in-service trainingcourse.

6.4 Reports.

The County shall provide to the Association monthly reports of all part-time or temporaryemployees in a timely manner upon request.

ARTICLE 7- HIGHER CLASSIFICATION WORK

7. 1 Higher Classification Work.

Whenever an employee is assigned the responsibility of a different position in a classification i

above that in which the employee is normally classified, the employee shall be paid at 105% of


Final Contract 7/ 1/ 2014- 6/ 30/ 2017 12-

the employee' s base rate ofpay. In order to receive higher classification pay, the employee mustwork four( 4) or more hours in that classification to be eligible for the pay. The County shall notunreasonably reduce hours working in a higher classification of pay to avoid paying the higherrate of pay. When working out of class for an entire month, the monthly rate of pay will be usedas the base, not the hourly rate. Such assignments will be limited to a maximum of six( 6)months provided other qualified employees are available to work out of class with qualifications

and availability determined by the Sheriff. Employees assigned to a higher classification are notguaranteed continued assignment to such classification, and the termination of such assignment

shall not constitute a demotion nor shall it be within an arbitrator' s jurisdiction.

7.2 Detective Division Temporary Out of Class Assignment.

This Article shall not apply to those employees assigned to the Detective Division on atemporary basis for training. Such training in the Detective Division shall not be longer than one

1) year. Temporary assignments greater than one( 1) year shall be compensated as set forth inSection 7. 1 above for assignment time beyond one ( 1) year.

ARTICLE 8 - HOURS AND OVERTIME

8. 1 Workweek.

The normal workweek for full-time employees shall consist of forty( 40) hours as scheduled bythe Sheriff, with at least two (2) consecutive days off. Employees shall be notified of anypermanent change in their normal work schedule at least seven( 7) calendar days in advance,

unless such notice is waived by mutual agreement between the County and the employee. TheCounty may schedule four( 4) consecutive ten ( 10) hour days at its option with three( 3)consecutive days off.

For law enforcement personnel only, the County may schedule 12 hour shifts with a minimum ofthree consecutive days off, at which time the County shall exercise its statutory exemption underSection 207(k) of the Fair Labor Standards Act( 29 CFR 553. 201) by assigning a work period offourteen( 14) days as scheduled by the Sheriff. The parties may mutually agree to other workschedules by written MOA.

8. 2 Workday.

The compensated workday shall include rest periods, briefing, training sessions, and a mealperiod.

a) If an employee' s break is interrupted by an emergency, the break shall be resumedafter the emergency is completed.

b) When an employee is scheduled to work the shift when the clocks are turned back

one( 1) hour in the Fall and results in the employee working an additional hour,the employee shall be compensated one( 1) hour of overtime at one and one- half

1 1/ 2) times the employee' s hourlyrate of base salary. When an employee is1

scheduled to work the shift when the clocks are moved forward one( 1) hour in


the Spring, the employee will report to work one ( 1) hour earlier than the normalstarting time for the shift.

8.3 Work Shift.

Each full time employee shall be scheduled to work on a regular schedule, each work period in

the schedule shall have regular starting and quitting times, and the hours of each work periodshall be consecutive. Upon mutual agreement of the employee and the Sheriff, this Section shallnot be applicable to those employees whose assignments require an adjusted work schedule in

order to address the special needs of the employee and the operational needs of the Sheriff' s

Office.

8.4 Shift Selection and Days Off; Temporary Assignments.

Management will provide available shifts for purposes of the annual shift bidding not later thanOctober 20. Shift bidding will be completed not later than November 30 and will beimplemented not later than January 1St. In the matter of days off and shift selection,

classification seniority shall apply except for a bona fide transfer to meet staffing or trainingrequirements of the Office as determined by the Sheriff. This exception shall apply only fortemporary needs not to exceed four( 4) months in a twelve( 12) month period. Those employeesassigned temporarily out of seniority will be guaranteed their prior shift and days offwhen theirtemporary assignment ends. Employees on probation are not subject to this section. Ifunbalanced shifts result, such as gender-specific minimum requirements at the jail or K-9 Deputyminimum staffing requirements, the Sheriff may make a reasonable adjustment for as long asnecessary to correct the problem. Members reassigned to specialty assignments due to officestaffing needs shall not lose any of the seniority they would have accrued had they not beenreassigned.

8. 5- Rest Periods.

A rest period of fifteen( 15) minutes shall be permitted for all employees during each half shift,which rest period will be taken as the operating requirements of the Office permit, as close aspossible to the middle of the first four( 4) hours and the middle of the second four( 4) hours.

Rest periods shall be considered on-duty time and will be paid. No rest periods shall be takenduring the first or last hour of the employee' s scheduled shift. The rules promulgated by theBureau of Labor and Industries Commissioner pursuant to ORS 653. 261( 1) do not apply toemployees covered by this collective bargaining agreement, which prescribes rules hereinpertaining to conditions of employment, including meal periods and rest periods, as provided inthis Article. The exclusive remedy for any alleged violation of these provisions shall be throughArticle 17 Settlement of Disputes.

8. 6 Meal Periods.

Employees shall be granted a meal period during each work shift. To the extent consistent withthe operating requirements of the Sheriff' s Office, each meal period shall be scheduled in themiddle of the work shift, or as close thereto as possible. The meal period shall be thirty( 30)minutes long and shall be considered on-duty time. Employees shall be relieved of all dutyduring the meal period with the exception of an emergency in which case the meal period shall


Final Contract 7/ 1/ 2014— 6/ 30/ 2017 14-

I "

be completed immediately after the conclusion of the emergency. No meal periods shall betaken during the first or last hour of the employee' s schedule shift. Corrections and dispatchemployees may be required to take meal periods inside the work facility as required based uponthe Sheriffs reasonable operating needs. The rules promulgated by the Bureau ofLabor andIndustries Commission pursuant to ORS 653. 261( 1) do not apply to employees covered by thiscollective bargaining agreement, which prescribes rules herein pertaining to conditions ofemployment, including meal periods and rest periods, as provided in this Article. The exclusiveremedy for any alleged violation of these provisions shall be through Article 17 Settlement ofDisputes.

8. 7 Work Schedules.

a) Work schedules showing the employee' s normal shifts, workdays and hours shallbe posted on the appropriate Office bulletin boards for at least ten ( 10) days priorto their effective date. Except for emergencies and the unforeseen absence of

employee(s) regularly scheduled to work, any changes in the posted workschedule shall be posted at least seven( 7) calendar days prior to their effectivedate.

b) Shift Trading/Trading of Days Off. Shift trades and trading of days off betweenemployees in the same classification shall be permitted with approval by theaffected supervisors. Such approval shall not be unreasonably withheld. TheSheriff shall suffer no liability for overtime as a result of such trades, and inaccordance with FLSA regulations regarding shift trades, the records of hoursworked and regular pay shall reflect the hours as scheduled. Reciprocation oftrades shall be the sole responsibility of the trade partners.

8.8 Overtime.

a) Except in emergency situations or where it otherwise would be unreasonable to doso, an employee must gain prior approval from an employee' s supervisor before

working any overtime.

b) The County shall attempt to give as much notice as possible of the need to workovertime. In assigning overtime work, the County agrees to consider any unusualcircumstances which might cause such an assignment to be an undue burden uponthe employee.

c) The Sheriff shall distribute overtime equitably, without regard to seniority.Whenever possible employees shall not be scheduled involuntary overtime whenthey are on vacation, or on their days off. Except for extensions of a shift tocomplete a specific assignment or other instances where it would adversely affectefficiency, voluntary overtime from employees shall be solicited for.overtimework before an employee is mandated to work the overtime.


Final Contract 7/ 1/ 2014— 6/ 30/2017 15-

f s

8. 9 Overtime Compensation.

a) Regular employees shall be compensated at one and one-half( 1- 1/ 2) times their

regular rate for overtime work under the following conditions:

1) All work in excess of eight( 8) hours in a workday if the employee is oneight( 8) hour per day, five( 5) day per week schedule, or all work inexcess of ten( 10) hours in a workday if the employee is on a ten( 10) hourper day, four( 4) day per week schedule, all work in excess of forty( 40)hours in any one( 1) week when assigned to a seven( 7) day workweekperiod.

2) For law enforcement personnel only: All work in excess of twelve( 12)hours in a workday if the employee is on a twelve ( 12) hour per day,fourteen ( 14) day work period schedule; all work in excess of eighty-four84) hours in any one( 1) work period when assigned to a fourteen( 14)

day work period.

3) Overtime Limitations:

For the purpose of this article, when calculating overtime," hours worked"

shall include paid time off,with the exception of sick time leave.

For non- law enforcement personnel and those employees whose special

assignment requires an adjusted work schedule, including, Marine Patrol,Forest Patrol and Emergency Services, and those in their probationaryperiod while attending formalized training, such as the academy: Non- lawenforcement personnel and employees on special assignment shall be

compensated at one and one-half( 1- 1/ 2) times their regular rate for

overtime work in excess of forty( 40) hours in any one( 1) week. For thepurpose of overtime, these employees shall work a forty( 40) hour week,and overtime shall be paid after forty( 40) hours in a seven( 7) day period,and not after eight( 8) hours in a twenty- four( 24) hour period.

b) In no event shall an employee receive compensation twice for the same hours.

c) Overtime shall be compensated to the nearest fifteen( 15) minutes.

8. 10 Form of Compensation.

Compensation for authorized overtime, callback and holiday work shall be paid unlesscompensatory time is requested by the employee. Such time shall be credited at time and one-half( 1- 1/ 2). Employees may accrue up to a total of eighty( 80) hours of such compensatorytime. Subject to availability of funds, at the request of an employee, once annually in the month fi

of May, which shall be requested on the May timesheet, the employee may cash out up to sixty601 hours ofcompensatory time. Compensatory time may be taken upon the request of the

employee if the supervisor agrees, based on the operating needs of the Office, and shall be


Final Contract 7/ 1/ 2014- 6/ 30/2017 16-

granted within a reasonable time unless the County buys back the compensatory time which theemployee requests to use.

8.11 Callback.

An employee called back to work after departing the employee' s work station or on anemployee' s day off shall be compensated at the overtime rate and shall be credited with not lessthan three( 3) hours compensation at the overtime rate. This section applies only when callbackresults in hours worked which are not annexed consecutively to either end of the employee' sworkday.

8. 12 Overtime for Court Appearances.

Employees who are eligible for overtime, and who are required as a result of their employment

responsibilities to make court appearances during otherwise off-duty hours, shall receiveovertime as follows:

a) The employee shall receive compensation at the rate of one and one-half( 1- 1/ 2)

times the regular base rate ofpay for all time actually spent in court, for aminimum of three( 3) hours.

b) If an employee is scheduled to appear in court within two (2) hours of the

beginning or the end of his or her work shift, the employee' s schedule shall beextended unless the shift hours are adjusted by mutual agreement of the deputyand supervisor. .

c) If the employee makes a court appearance during the morning session and at leastpart of the afternoon session, after he or she has just completed working a nightshift, and if the employee is scheduled to work the next succeeding night shift, theemployee shall have the option of either receiving time and one-halfcompensation for the actual court appearance time, or having the succeedingscheduled night shift off as compensatory time. If an employee is scheduled offon his or her next shift following such court appearance, he or she may notexercise the second option.

d) Overtime shall begin at the time indicated on the subpoena unless the employee is

otherwise notified by a superior or District Attorney.

e) Employees shall seek all witness or other fees due to the employee for such an

appearance and turn such fees over to the County.

f) During the duration of this agreement, the County, in cooperation with local Courtadministrators, may implement procedures to minimize the scheduling of Courtappearances on employees' days off.


Final Contract 7/ 1/ 2014— 6/ 30/ 2017 17-

r

8. 13 Overtime pay for Off-duty Telephone Calls.

An off duty employee will be compensated at the normal overtime rate of time and a half( 1 % z)for one hour for each work related telephone call that equals to or exceeds ( 8) minutes. Such

compensation shall include all necessary work-related calls subsequently made to an employeeor by an employee in response to the initial call, during the one hour period following the call. Ifthe total duration of the necessary work related calls exceeds one hour, overtime will be paid forthe actual duration of the calls. Time spent listening to a recorded voice message, including timespent calling to listen to a recorded message on the status of court cases, will not be compensatedwhen the employee could have made the call on duty. Time spent returning a call in response toa message will be compensated in accordance with the above procedures and Office policy.Calls made without supervisory approval in violation of Office policy may subject the caller todiscipline.

8. 14 On Call.

Certain employees who are designated as part of essential services by the Sheriff may berequired to be" on call." These employees shall be specifically required to remain within a forty40) minute response time to the duty station in writing, and restrict the consumption of alcoholic

beverages during the period of on-call. A deputy assigned on call shall be provided a Countycell phone or pager. For every two hundred fifty six( 256) hours that an employee is on call oron stand-by, the employee shall receive one( 1) vacation day off with regular pay.

ARTICLE 9 - HOLIDAYS

9. 1 Holiday Leave and Accrual Rate.

Each January 1, each full-time employee shall receive a block of twelve( 12) unassignedholidays for a total of ninety-six( 96) hours of holiday leave per calendar year. The employeemay elect to use holiday leave at any time mutually agreeable to the employee and anemployee' s supervisor. Selection of holiday leave shall be based on the date the request is madeprovided that requests may not be made more than forty-two (42) days in advance and thatrequests made on the same day will be determined by seniority within classification, except thatCorporals shall have preference over subordinate employees in the selection of holidays off. The

accrual rate will be one( 1) holiday( eight( 8) hours) per month.

Part-time employees in the bargaining unit, as defined in Section 1. 1, shall accrue and receivevacation, sick leave and holidays( but not Insurance) in an amount proportionate to that accrued

and received by full-time employees as determined by monthly compensation.

9. 2 Holiday Compensation.

Employees shall be eligible to receive compensation for up to, but not to exceed, six( 6) earnedbut unused holidays (48 hours) per year on the December

7th

pay day, which shall be requestedon the November timesheet, preceding the end of the calendar year. The holidays shall becompensated at the employee' s straight-time rate of pay in effect at that time. Employees willnot be compensated for any excess holiday time over the 48 hours, but will be afforded any


Final Contract?/ 1/ 2014- 6/ 30/2017 18-

s'

i

available opportunities to use the excess time in December. Any unused( as ofDecember 31st)holiday time is forfeited.

9. 3 Holiday Compensation at Termination.

If an employee leaves the Sheriff' s Office during the year, the employee will be eligible to haveused or be paid for eight( 8) hours of holiday leave for each full calendar month ofemploymentduring that year. If the employee has utilized holiday compensation in excess of that permittedbased upon the above accrual rate, the excess hours will be withheld from the employee' s finalpaycheck.

ARTICLE 10- VACATIONS

10. 1 Vacation/Personal Leave.

After having served in the County service for six (6) consecutive full calendar months, full-timeemployees shall be credited with forty-eight( 48) hours of vacation/personal leave, andthereafter leave shall be credited according to the following schedule:

EARNED VACATION/PERSONAL LEAVE

Full Months Of Continuous Service Leave Per Year

7 months through 12 months ( 1/ 2 to 1 year) 6 workdays( 48 hours)

From 13 through 24 months( 1 to 2 years) 96 hours/ yearFrom 25 through 60 months ( 2 to 5 years) 120 hours/ year

From 61 through 120 months( 5 to 10 years) 144 hours/yearFrom 121 through 180 months( 10 to 15 years) 168 hours/year

From 181 months ( 15 years+) 192 hours/year

An employee will not accumulate vacation credits during a leave without pay or suspensionwithout pay status.

10.2 Accumulation of Vacation Credits.

a) The maximum accumulation ofvacation credits may not exceed forty-eight( 48)days ( 384 hours) as of January 1st of each year. In addition, the maximumaccumulation of vacation which is paid upon termination shall be limited to forty-eight( 48) days ( 384 hours). Any excess vacation accumulated as of any January1st or upon termination shall be lost. The employee will make every reasonableeffort to schedule time off to avoid exceeding the maximum accrued amount.However, no payments shall be made for vacation time lost by an employeebecause of accrual limitations, unless the failure to take vacation is caused by theCounty' s insistence that the employee be at work during a scheduled vacationperiod.

b) An employee who isg

granted a leave of absence without a for a period inO Y bn' pay P

excess of sixty( 60) calendar days shall normally be scheduled for any vacation


a

leave that an employee has accrued before an employee is placed on leave without

pay.

10.3 Vacation Schedule.

a) Maximum Capacity for Vacation

For employees assigned to corrections, no more than two (2) corrections employees per

shift shall be permitted to take vacation at the same time.

For employees assigned to patrol, no more than one( 1) patrol employee per shift shall be

permitted to take vacation at the same time.

For employees assigned to dispatch, no more than one( 1) dispatch employee per shift

shall be permitted to take vacation at the same time.

b) Preferred Vacation:

By November7th

for the months of January— June, and by May 7th for the months of JulyDecember, the County shall post a vacation schedule for employees to sign up on the

basis of office seniority. All bids will be submitted by November 30 for the months ofJanuary-June, and by May 31 for the months of July-December.

Employees shall be permitted to bid vacation in up to two blocks of time per calendaryear. The blocks must have a minimum of two weeks in-between them. A block is

defined as a period between 1 and 15 work days.

In the event of a conflict ofbidding for preferred vacation, the employee with the higheroffice seniority shall be awarded preference. Preferred vacations scheduled will not becanceled except for unforeseen emergency which requires the response of additionalpersonnel to a law enforcement crisis which the on-duty personnel cannot handle. Suchapproved vacation requests will not subsequently be denied because of the cost ofovertime to maintain normal staffing.

c) Non-preferred Vacation:

After the completion of the bids for preferred vacation( covering vacation requestsubmitted after November 30 for the time off during the months of January-June; orsubmitted after May 31 for time off during the moths July-December), employees shallbe eligible to submit request for non-preferred vacation. Non-preferred vacation must be

submitted by e- mail to a supervisor within ninety( 90) days before the commencement ofthe requested time off. The County will approve or deny requests for non-preferredvacation within thirty( 30) days of the receipt; however, if the County fails to do so, therequest will be considered denied. In such an event, the employee may resubmit therequest.

Non-preferred vacation will be scheduled on a first come/ first served basis using thesubmission date on the non-preferred vacation request, independently of office seniority.


Final Contract 7/ 1/ 2014— 6/ 30/2017 20-

yt1 P

10.4 Transfer Credits and Termination Vacation Pay.

a) When an employee is transferred or appointed to another department, an

employee' s vacation credit shall be assumed by the receiving department.

b) An employee who terminates during an employee' s initial six( 6) months of anemployee' s employment shall not be entitled to cash compensation in lieu of

vacation leave. If an employee has served for six( 6) months and is separated

from the County service, an employee shall be entitled to cash compensation foraccrued vacation leave. In case of death, compensation for accrued vacation shall

be paid in the same manner that salary due to the decedent is paid.

I _ARTICLE 11 - SICK LEAVE

11. 1 Accrual.

Full-time employees shall accrue sick leave at the rate of eight( 8) hours for each month worked

part-time employees shall accrue sick leave on a pro- rata basis) to be used in the event of an

employee' s illness, injury or pregnancy, necessity for medical or dental care, or serious illness ordeath in an employee' s immediate family requiring the presence of the employee. Sick leavemay be accrued to a maximum of fifteen hundred ( 1500) hours. The Sheriff may require acertification of an attending physician or health care practitioner for any sick leave in excess ofthree ( 3) days in duration for a single incident or a pattern of excessive use as reasonablydetermined by the Sheriff. New employees, when date of hire falls after the first( 1st) but priorto and including the fifteenth( 15th) of the month, shall accrue sick leave benefits commencingwith the first( 1st) day of the next succeeding month.

11. 2 Immediate Family.

An employee' s immediate family shall be defined as grandmother, grandfather, mother, father,spouse, sister, brother, child, father- in- law, or mother-in-law, but shall also include any relativeresiding in the employee' s immediate household.

i -

11. 3 Non- Accrual.

Sick leave shall not accrue during any period of suspension without pay, the duration ofwhichexceeds fifteen( 15) days.

11. 4 Notification.

In the event that an employee needs to utilize an employee' s allowance of sick leave, that

employee shall notify the on- duty supervisor of the pending absence prior to the beginning of anemployee' s assigned shift. Such notification shall be made at the earliest possible time, and will

include the nature of the illness or injury. However, the employee does not have to give detailsabout the nature of the employee' s illness. If a supervisor is unavailable, a message may be leftwith the dispatcher or the designated supervisor.- It shall be the responsibility of the personnotified to relay the information properly.


Final Contract 7/ 1/ 2014— 6/ 30/2017 21-

d

11. 5 Sick Leave Without Pay.

Upon application of an employee, sick leave without pay may be granted by the Sheriff, subjectto final authorization of the Board of County Commissioners, for the remaining period ofdisability after earned sick leave has been exhausted. From time to time, the Sheriff may requirethat the employee submit a certificate from the attending physician or practitioner. In the eventof a failure or refusal to supply such certificate, or if the certificate does not clearly showsufficient disability to preclude the employee from the performance of duties, such sick leaveshall be canceled and the employee' s services terminated. Failure to obtain approval for sick

leave without pay as provided herein can result in termination of employment.

11. 6 PERS.

Pursuant to applicable PERS regulations, 50% of accrued but unused sick leave shall be

converted to retirement benefits upon retirement for those employees participating in the PERSPolice and Fire Retirement Plan.

11. 7 Death or Retirement.

No compensation for accrued sick leave shall be allowed for any employee when an employee is 1

separated from the County' s service, except that in the event of the death of an employee, orupon an employee' s retirement under the applicable Retirement Plan, the employee (or in the

event of death, an employee' s estate) shall receive a cash payment for a portion of an employee' s

accrued sick leave. The amount of such payment shall be calculated by multiplying the numberof years of service by 2. 5 to attain the percentage of sick leave hours eligible for cash payment,to a maximum of 50 percent( 20 years). This payment will not be used to enhance the

employee' s retirement benefits.

ARTICLE 12- LEAVES OF ABSENCE

12. 1 Family and Medical Leave.

Leave may be taken by eligible employees pursuant to FMLA and OFLA regulations.Employees must make application for Family and Medical Leave at least 30 days prior to theevent or as soon as they become aware of the need for such leave.

An employee who utilizes leave under the provisions of this section shall have all such leave

time counted towards the annual amount allowed under FMLA and OFLA.

Unless designated by the employee, Leave banks will be reduced in the following order: sick,vacation, holiday and compensatory leave. 1The County shall continue to make the contributions for medical, dental and vision insurancecoverage while the employee is on FMLA/OFLA leave, and the employee shall be required to

pay any required co-payment and the employee' s portion ofpremium for such coverage to stayin effect for the full term of the leave. 1

The County may require medical certification to support a request for leave and may requireadditional medical opinions as allowed under FMLA/OFLA regulations.


Final Contract 7/ 1/ 2014— 6/ 30/2017 22-

Upon return from Family and Medical Leave, employees shall be restored to their original orequivalent positions with equivalent pay and benefits. If the Family and Medical Leave was forthe employee, the employee must provide a medical release upon returning to work.

12.2 Paid Leaves of Absence.

a) Jury Duty. Employees shall be granted a leave with pay for service upon a jury;provided however, that the employee shall seek all fees due to an employee for

such jury duty and shall turn such fees over to the County. Upon being excusedfrom jury duty for any work day, the employee shall immediately contact thesupervisor for assignment for the remainder of the work day. However, if theemployee' s jury duty makes the employee unfit to work on a swing shift orgraveyard shift, the employee shall not be required to work such shift and shall

lose no pay or benefits. The County may reassign an employee to cover the shiftof the released employee under the provisions of Section 8. 4.

12.3 Unpaid Leaves of Absence.

a) Unpaid Leave of Absence. The Sheriff will consider a written application for

leave of absence without pay not to exceed ninety( 90) days if the Sheriff findsthere is a reasonable justification to grant such leave and that the work of the

Office will not seriously be handicapped by the temporary absence of theemployee.

b) Non- Service Connected Unpaid Court Appearance. A leave without pay shallbe granted for an appearance before a court, legislative committee, judicial or

quasi-judicial body as a witness in response to a subpoena, or other order byproper authority compelling the employee' s attendance under penalty prescribedby law not connected with the employee' s officially assigned duties.

c) Military Leave. Military and Peace Corps leave shall be granted to employee( s)in accordance with state and federal law.

d) Unpaid Disaster Leave. Employees who are unable to report for their regular

duties because of natural disasters beyond their control, or because they areneeded to work for the safety of their family or to prevent property damage, or toassist in or perform rescue work to save life and property shall be placed on anexcused absence status without pay by the Sheriff. This section shall apply onlywhen the Board of County Commissions has determined that an emergency exists.

I 4

12.4 Leave Credit While on Unpaid Leave.

Employees shall not accrue any type of leave credits while on Unpaid Leave. An employee whois re-employed following a leave without pay or layoff shall have sick leave credits accruedduring the previous employment restored.


Final Contract 7/ 1/ 2014— 6/ 30/ 2017 23- I

12. 5 Insurance Premiums During Unpaid Leave.

Employees shall be responsible for the full cost of insurance premiums which become due while

on unpaid leave. Therefore, an employee will not be required to reimburse the County forinsurance premium paid by the County prior to the leave for insurance coverage during a portionof the leave period. The employee must pay the employee portion of insurance premiums whileon unpaid FMLA/OFLA leave.

12.6 Exhaustion of Accrued Leave.

Employees must exhaust all forms of paid leave, including holiday pay for each full calendarmonth of employment during that year, before the employee is eligible to apply for an unpaidleave ofabsence.

12. 7 Hardship Donations.

Employees may apply for hardship leave while on Family Medical Leave. Employees shallapply in writing to the Human Resources Manager, or designee, accompanied by the treatingphysician' s written FMLA/ OFLA statement certifying that the prolonged serious healthcondition of the employee, or a prolonged serious health condition in the employee' s immediate

family, will continue after the employee is projected to exhaust all accumulated paid leave.Leave donations received are limited for use while the employee is on a qualified FMLA/OFLA

leave. Hardship leave is not intended to cover intermittent FMLA leave nor any period of timethat precedes the date of the hardship leave request.

Upon determination that the written request satisfies the hardship leave requirements, the Countyshall approve one leave totaling at least one calendar week in length, and not more than fourhundred eighty( 480) hours during the term of this agreement. Approval shall be subject toavailability of donations from County employees to cover all hardship leave costs. The HumanResources Director, or designee, shall initiate and collect donation( s) on a form the Countyprovides.

Employees may donate accumulated paid leave to an employee who qualifies for hardship leave.The donated paid leave shall be donated in increments of eight( 8) hours and such donated leave

will be credited hour for hour. Employees who receive such donated leave shall only be creditedwith such amounts as required to continue the employee' s wage during the period of hardshipleave. Excess contributions of paid leave shall be returned to the employees who donated paid

I .leave in the proportion of the contribution by the donating employees and the use by theemployee on hardship leave.

ARTICLE 13- SENIORITY

13. 1 New Employees.

Every new hired Deputy Sheriff who does not possess DPSST certification, or cannot obtain oneby going to the two week refresher class shall serve a probationary period of eighteen( 18)months. If an employee misses more than thirty( 30) days while on probation, the probationaryperiod shall be extended day for day missed. All other employees shall serve a probationary


Final Contract 7/ 1/ 2014— 6/ 30/2017 24-

period of twelve( 12) months. The Association recognizes the right of the County to terminateprobationary employees with or without cause.

13. 2 Types of Seniority.

Seniority shall be attained retroactively after completion of the probationary period and shallthereafter be established as the employee' s length of continuous service in the employee' s jobclassification( Classification Seniority) and in the Sheriff' s Office (Office Seniority). In the

event a probationary employee' s employment ends prior to successful completion ofprobation,any seniority is forfeited. However, if an employee is promoted from one classification toanother before completing probation, the time spent in the classification from which theemployee was promoted shall count as both classification and Sheriff' s Office seniority for allpurposes thereafter.

An employee hired into a part-time position shall accrue seniority prorated in accordance withthe budgeted position.

For employees who are laid off, as long as there is no break in seniority, the laid off employeeperforming work on a temporary basis, or in a lower regular FTE level, or in a differentclassification, will accrue seniority at the level and classification accrued before the layoff.

Utilization of assignment seniority. Solely for purposes of shift and vacation bidding for DeputySheriffs an employee' s " assignment seniority" shall be utilized. Employees' assignmentseniority will be utilized for those employees assigned to corrections and those employeesassigned to " operations." If a Deputy Sheriff who is assigned to corrections volunteers to workand is accepted to work in operations, then a Deputy Sheriffwill begin to accrue assignmentseniority for the operations division. However, if a Deputy Sheriff is involuntarily assigned tooperations that Deputy Sheriff shall continue to use classifications seniority for shift andvacation bidding. The converse applies to Deputy Sheriffs who are in operations and end upeither voluntarily or being assigned to corrections. If it is a voluntary assignment, the DeputySheriffs will then utilize assignment seniority for their time in corrections, and if there is aninvoluntary transfer they will continue to use operational seniority. However, if for instance aDeputy Sheriff initially assigned to corrections volunteers to work in operations, but then isreturned to corrections a Deputy Sheriff will use classification as opposed to assignmentseniority.

Exhibit C attached to this agreement is a listing of all current employees within the bargainingunit, their current classifications, their Classification Seniority order, and their Office Seniority.The County shall provide the Association with an updated seniority list in January of each year.

For purposes of this Agreement, all Clerks, whether their job title is Booking Clerk or PoliceClerk, shall have the same classification for purposes of Classification Seniority. AllTechnicians shall have the same classification for purposes of Classification Seniority. AllDeputies shall have the same Classification Seniority for purposes of this Agreement.


jt€

F

5(£

1

13.3 Trial Service Period Upon Transfer or Promotion.

Employees who promote or transfer from one classification to another will serve an initial trial

service period of twelve( 12) months. During that time, the employee may be removed from thenew classification without cause and return to the position which an employee previously heldand said removal shall not be in violation of this Agreement and shall not be grievable by anymeans. A promoted or transferred employee shall be given seniority in that classification fromthe date of promotion or transfer upon completion of the probationary period and this shallestablish a new anniversary date for the employee. In the event of an employee' s promotion ortransfer, an employee will, for purposes of layoff and recall only, retain all accrued senioritywithin each prior held classification in which an employee has completed a probationary period.

13. 4 Breaks in Seniority.

Seniority shall be broken or terminated if an employee:

1) Quits;

2) Is discharged for just cause;

3) Is laid off and fails to accept recall as provided in Section 14. 6.

4) The employee shall suffer no break in seniority providing the employee registersan employee' s intent to remain on the recall list every ninety( 90) days.

5) Fails to report to work at the termination of an extended leave of absence.

6) Is retired.

7) Employees who promote to a position outside of the bargaining unit and returnwithin one( 1) year of the date ofpromotion shall have no breaks in their

seniority. However, if an employee is promoted out of the bargaining unit returnsafter one( 1) year from the date the employee leaves the bargaining unit, theemployee' s seniority will be frozen at the employee' s time within the bargainingunit.

In the event an employee is laid off involuntarily, the employee shall have seniority frozen, butnot broken. In the event an employee is laid off voluntarily, the employee shall continue toaccrue seniority.

ARTICLE 14 - LAYOFF AND RECALL

14.1 Temporary Work.

Any employee on layoff status who is qualified to do any agreed upon part-time or temporarywork for the Office, shall be first offered the work before it is offered to any other potentialemployee. j g

Josephine County and Josephine County Sheriffs AssociationFinal Contract 7/ 1/ 2014—.6/ 30/2017 26-

14.2 Classification Seniority.

In the event of layoff or recall, Classification Seniority shall govern provided that the senioremployee presently possesses the demonstrated skill, ability and physical ability to perform the gavailable work, and has successfully completed a probationary period in the classification;however, the County reserves the right to require employees to maintain previously earnedcertifications regardless of employees' current assignment. Employees in a layoff or reduction in

class. situation shall only be entitled to bump back to lower job classifications in which they havepreviously accrued seniority, in which they can perform the duties of the classification, and ifthey have greater Office Seniority than the employee to be bumped. Recall of laid off or reducedemployees shall be in the reverse order of layoff or reduction. Seniority will be determined in' 1,

accordance with the " Types of Seniority" as outlined in Article 13, Section 13. 2.

Deputies serving in Patrol and Corrections shall be treated as in a single classification forpurposes of this Article.

14.3 Compensation After Bumping.

There shall be no probationary step increase or change in the employee' s payroll anniversarydate as a result of exercising bumping rights as set forth in this Article. When bumping anotheremployee, the bumping employee' s new salary or wage shall be at the step in the newclassification which most closely approximates, but does not exceed, an employee' s salary orwage prior to bumping.

14. 4 Voluntary Lay Off.

In the event of layoffs, an employee may waive seniority and/ or recall rights, subject to Countyapproval. The County shall report the employee' s separation from the County as a layoff whenthis information is provided to organizations outside the County.

14.5 Recall.

Recall of laid off or reduced employees shall be in the reverse order of layoff or reduction.

Eligibility to be recalled from layoff shall terminate after twenty-four( 24) months.

An employee who is laid off from a full time position who is then offered a recall into a part-

time position shall have the right to refuse the part time position without losing her/his recallrights. An employee laid off from a full time position who then accepts a recall into a part-time

position shall retain the right to recall into a full-time position in the event a full-time position

becomes available within 30 months from the original date of layoff or after an offer of a full-

time position has been extended and declined( in accordance with Section 14. 6), whichever

comes first.1

14. 6 Notice of Recall from Layoff Status.

Notice to an employee of recall from layoff shall be made by certified mail sent to the lastaddress provided to the County by the employee. An employee shall have seven( 7) days toaccept recall and then the employee shall have fourteen( 14) days to return to work from the date


Final Contract 7/ 1/ 2014— 6/ 30/ 2017 27-

y€yi t

of receipt ofmail notifying that employee of his a recall from a layoff status, unless mutuallyagreed otherwise, or the employee will forfeit all seniority.

14. 7 Benefit Restoration.

Upon recall to a position covered by this Agreement, the recalled employee shall have allaccruals of sick leave restored, and shall have the sick leave and vacation accrual rate either as in

effect through the date of the layoff or a higher rate if it has been negotiated by subsequentbargaining agreements.

14.8 Reintegration From Layoff.

Employees who have been on layoff or on a leave of absence for more than six( 6) months maybe assigned to a shift and days off to reintegrate training or to meet requirements according to theneeds of the Sheriffs Office as determined by the Sheriff or the Sheriffs designee for a periodnot to exceed four( 4) months. Following the reintegration period, employees shall be permittedto return to a shift and days off consistent with seniority.

14.9 Buy Back.

Employees who have been on layoff and are recalled to work will be given an opportunity tobuy-back up to five( 5) days ofpaid leave, at the full cost of the paid leave, within one( 1) monthof the date of returning to work.

ARTICLE 15 - DISCIPLINE

15. 1 Discipline.

Where appropriate, the principle ofprogressive discipline, due process and corrective action, asidentified in County Administrative Policy and Procedures shall be utilized. Specific notificationand reasonable opportunity to correct the problem shall generally be given to an employee priorto the imposition of any discipline. However, the type and complexity of behavioral problemsand performance issues does not always permit the application of a standardized system ofprogressive discipline. If the allegation( s) of policy violation or misconduct is sustained, thelevel of discipline will be reviewed on a case- by-case basis.

15.2 Non- Probationary Employee.

No employee who has completed the probationary period may be disciplined or dischargedexcept for just cause.

15.3 Investigatory Interview.

If a personnel investigation is necessary, the employee will be given an opportunity to present allpertinent information supporting their actions or behavior. When any employee is underinvestigation and may be subject to discipline, and is subject to questioning, the interview shallbe conducted under the following conditions.


Final Contract 7/ 1/ 2014— 6/ 30/2017 28-

i

t

1

44Ii

a) Prior to being interviewed in connection with an investigation which could result 4

in discipline for the interviewed employee, the employee shall be apprised of the 1.nature of the allegations of the prior to questioning.

b) The interview shall be conducted at a reasonable hour, preferably at a time whenthe employee is on duty, or during the normal waking hours, unless theseriousness of the investigation requires otherwise.

1

c) Unless a delay would jeopardize the investigation, or when possible criminalconduct is an issue, the employee shall be given 72 hours advance notice prior to fbeing interviewed.

d) The employee under investigation shall be informed of the rank and name of the rperson conducting the investigation. During the interview, all questions directed s

at the employee shall be asked by no more than two interviewers. 11

e) At the beginning of the interview, the subject employee shall be informed thatfailure to answer questions directly related to the investigation may result in tdisciplinary action. i

f) All investigatory interviews shall be limited in scope to activities, circumstances,events, conduct, or acts which pertain to the subject investigation, unless duringthe course of the investigatory interview new allegations emerge from the Iresponses of the employee. In which case, the employee will be notified of the t

new allegation and the nature of the violation.i

g) All interviews pertaining to the investigation shall be recorded.i

h) Upon notification of an investigation and interview, the employee shall have the t

right to be represented by a representative of their choice who may be present atr`

all times during the interview. After the interviewer has completed questioningthe employee, the representative may ask questions to clarify issues, elicit I

information, suggest additional witnesses to be interviewed or present additionalrelevant information. The representative shall not be required by the Employer to 1disclose any information regarding statements made to him or her by the 1

employee under investigation. The parties' intention is that this provision shall be 1

interpreted and applied to extend the rights and procedures provided for byOregon law.

1i) If during the interview of an employee it is deemed that he or she may be charged

with a criminal offense, he or she shall be immediately informed of his or her t.constitutional rights.

i

15.4 Notice of Discipline& Pre-Discipline Meeting. 11

Once the investigation is complete, and prior to the imposition of any discipline, the employeeshall be given 14 days' advanced notice regarding the specific allegation(s), the facts on whichthe allegations are based and the level of discipline under consideration. The employer will K

Josephine County and Josephine County Sheriffs AssociationFinal Contract 7/ 1/ 2014— 613012017 29-

I

t

iE

i

schedule a pre- discipline meeting within 21 days of service of the original notice and give theemployee the opportunity to meet with the person who will impose discipline and present theirversion of the incident, extenuation, mitigation or defense. Such presentation by the employee orrepresentative may be in writing in lieu of a meeting, and is due at the time of the scheduledmeeting. The employee and the Association shall be provided with a complete copy of the 1investigation file( including all information reviewed or considered in the investigation) and acopy of the Notice ofAdverse Action/Imposition of Discipline at the time it is issued. If thereare particular confidentiality concerns regarding the disclosure, the County and the Associationshall negotiate an accommodation of the confidentiality concerns.

15.5 Manner of Imposition.

The County, in disciplining an employee, shall make every reasonable effort to impose suchdiscipline in a manner that will not embarrass or humiliate the employee before other employees

or the public.

A written record shall be made of any disciplinary action taken against an employee and placedin the employee' s personnel file. The employee shall receive prompt written notice of a

disciplinary action taken, such notice shall include the full written record of such action, thespecific charges or offenses, including references to written rules and regulations, and type ofpenalty.

15.6 Copy of Investigation.

When an investigation results in an employee being issued discipline, the employee, uponrequest, will be furnished with a copy of the investigatory file.

15.7 Administrative Leave.

When determined by the County to be appropriate, an employee may be placed on non-disciplinary administrative leave while charges against an employee are being investigated.

15.8 Grievances.

Any disciplinary action imposed upon an employee, if protested, shall be protested in writing asa grievance through the grievance procedure set forth in Article 17. If an employee is

discharged, such discharge may be grieved by the employee and the Association starting atStep II of Section 17.2.

ARTICLE 16- PERSONNEL FILE

16. 1 Maintenance.

The Personnel Office shall maintain the official personnel file.

16.2 Notice of File Contents.

Each employee shall read and sign all written material that is placed in an employee' s personnel

file following the date of hire. This will include disciplinary action, merit or job evaluation,


Final Contract 7/ 1/ 2014— 6/ 30/2017 30-

1

it

I

letters of commendations, etc. Signing will not necessarily indicate agreement with the contentsof the items signed.

16.3 Response. il

An employee may respond in writing to any item placed in the employee' s personnel file andsaid response shall become a part of said file.

16.4 Copies. iP

Employees shall have the right, upon request, to review and obtain, at reasonable cost, copies ofthe contents of their personnel file, exclusive of material placed in the file or received by theCounty prior to the employee' s date of hire. I

16.5 Removal. 1t

When an employee believes that an item in the employee' s personnel file no longer is applicableto the employee' s performance, the employee may petition the Sheriff for removal of the itemfrom the employee' s file.

I

16.6 Staleness.

If an employee received a written reprimand about the employee' s conduct, should the employeenot receive a similar written statement or greater degree ofdiscipline within one( 1) year, said

T

item shall be considered stale. Should employee receive a disciplinary pay reduction orsuspension and the employee not engage in similar conduct within two (2) years from the date ofreceipt of the economic sanction, then the economic sanction shall be deemed to be stale.

ARTICLE 17- SETTLEMENT OF DISPUTES gi

17. 1 Informal Resolution.t

It is the policy of the County to encourage open and frank communications between itsemployees, supervisors and managers regarding employment concerns, and to seek resolution of

such concerns. By approaching employment problems and concerns in a positive way ratherthan as adversaries, such matters should normally be readily resolved between the employee andthe employee' s supervisor. The Sheriff' s Office would encourage members to follow office 1'

chain of command protocol. However, in the event an employee believes the County hasviolated a term of this Agreement and, after reviewing the matter with an employee' s supervisor,

is unable to informally resolve that issue, the following formalized procedure shall be available k

to the employee to allow that claim( grievance) to be progressively considered as fairly andrapidly as possible.

17.2 Grievance Definition and Grievance and Arbitration Procedure.

The County and the Association agree that any grievance or dispute which arises between theparties concerning the application,.meaning or interpretation of this Agreement shall be settled inthe manner provided in this Article. A dispute is not a grievance until the County has beennotified formally in writing as set forth in this Article. The Association and employees are

Josephine County and Josephine County Sheriffs AssociationFinal Contract?/ 1/ 2014- 6/ 30/2017 31- 1

L

encouraged to attempt to informally resolve disputes with the County. The Association has theright to be present at all steps of the grievance procedure.

Step I. The affected employee and/ or the Association shall present the grievance in writing tothe employee' s immediate supervisor within fourteen( 14) calendar days after the grievant is

aware or reasonably should have been aware of its occurrence. The written grievance shallinclude details of the grievance, the section( s) of this Agreement allegedly violated and thespecific remedy requested. The immediate supervisor shall respond on the grievance that wasfiled at Step 1.

Step II. If the grievance remains unresolved after receipt of the supervisor' s response, or theimmediate supervisor' s conduct is the direct cause of the grievance, the employee shall, within

seven( 7) calendar days, submit a written notice to the Sheriff or designee requesting a meeting.A meeting will be held with those representatives of the Sheriff' s Administration, the employee,the Association, and the Human Resource Director within seven( 7) calendar days of the receipt

of the employee' s request. At the meeting, the parties shall exchange all information relevant forresolution of the grievance, and attempt to resolve the grievance. Within seven( 7) calendar days

of that meeting, the Sheriff' s designee shall notify in writing the Association and the affectedemployee as to whether or not the grievance is granted. All disciplinary grievances will start atStep II of this grievance procedure and shall be filed within fourteen( 14) calendar days from thedate discipline is received by the employee.

Step III. If the grievance is still unsettled, the Association shall, within seven( 7) calendar daysafter the response of the Sheriff' s designee appeal the grievance to the Sheriff. The Sheriff has

seven( 7) calendar days to respond.

Step IV. Mediation: In the event no agreement is reached in Step III and within 14 days of theSheriff' s response in Step III, either party, the Union or the County, may request mediation. Theparties will agree to a mutually acceptable mediator or agree to use a mediator appointed by theERB or other agreed provider. Costs for the mediator shall be shared. Mediation will have a

cap of 60 days from notice of election to mediate. The parties must meet at least twice in themediation process, unless otherwise agreed, and the parties agree to act in good faith to resolve

the dispute. If the grievance remains unsettled after the 60 days, either party may move to StepV, Binding Arbitration. Request for Arbitration by the moving party must be within the next 30days or the grievance ends. The parties may mutually agree to extend the 60 days, but such mustoccur before the expiration of the initial 60 days.

Step V. If the grievance remains unresolved within fourteen( 14) calendar days after receipt ofthe response by the Sheriff or conclusion of Step IV. the Association may have the matterarbitrated by a third party jointly agreed upon by the County and the Association. If the partiesare unable to agree upon an arbitrator, the Employment Relations Board shall be requested to

submit a list of thirteen( 13) arbitrators. The parties shall then select the arbitrator from this list

of names, by alternately striking names from the list, with the party losing a coin toss going first.The designated arbitrator shall hear both parties as soon as possible on the disputed matter and

shall render a decision within thirty( 30) days, which shall be final and binding on the parties andthe employee. The arbitrator shall have no right to amend, modify, nullify, ignore, or addprovisions to the Agreement, but shall be limited to consideration of the particular issue


Final Contract 7/ 1/ 2014— 6/ 30/ 2017 32-

presented. The arbitrator' s decision shall be based solely upon the arbitrator' s interpretation onthe meaning and application of the Agreement, and such decision shall be final and binding onall parties. Expenses for the arbitrator shall be borne by the losing party; however, each party

be responsible for compensating its own representatives and witnesses. If either partydesires a verbatim recording of the proceedings, it may cause such a record to be made, providedit pays for the record. If the other party desires a copy, both parties shall jointly share the cost ofthe transcript and all copies.

17.3 Time Limits.

The parties to this Agreement shall be bound by the time limits contained in this Article, Section17. 2 above. Time limits shall be computed from the day following the events specified in thisarticle. The grievance will be considered to have been presented or forwarded within the time

limits so long as each party submits the necessary documentation within the specified timelimits. If either party fails to comply with or follow the time limits, the following shall result:

a) If the grievant fails to respond in a timely fashion, the grievance shall be deemedwaived;

b) If the party being grieved against fails to respond in a timely fashion, thegrievance shall be advanced to the next step.

17.4 Grievance File.

All documents, communications and records dealing with the processing of a grievance shall be 1filed in a separate grievance file, and shall not be placed in the personnel file unless it is a

disciplinary matter and the grievance is found against the employee.

ARTICLE 18- MILEAGE AND PER DIEM

18.1 County Travel.

Employees who are required to travel away from their work site to attend conferences, trainings,or for other employment reasons may be reimbursed their expenses for travel, meals, and lodgingin accordance with the County policy. Specific details for mileage and travel are provided in theCounty' s Administrative Policies and Procedures Manual.

18. 2 Travel to Police Academy.

In conjunction with attending all mandatory training at the Police Academy, the County shall i

reimburse for mileage at the IRS rate for one round trip. Reimbursement for additionalroundtrips shall be made only in the event that the academy closes and housing is unavailable.

ARTICLE 19- INSURANCE

19. 1 Medical, Vision and Dental Insurance.l

Effective January 1, 2015, bargaining unit employees will continue to be covered for medical,vision and dental insurance under the Pacific Source Smart-Choice Network Referrals Required


Final Contract 7/ 12014— 6/ 30/2017 33-

ftI

t

Module 1 or Module 2 and ODS health insurance plans. Thereafter, through the term of the

Agreement, the County will continue to offer a reasonably comparable level ofmedical, visionand dental insurance benefits. Effective January 1, 2015, the County will pay 90% of the full rcost for medical, dental and vision insurance coverage for full-time employees ( budgeted 1. 0FTE positions) who enroll in Pacific Source Smart- Choice Network Referrals Required Module1. Employee will pay 10% of the full cost for medical, dental and vision insurance coverage for Ifull- time employees( budgeted 1. 0 FTE positions). Effective January 1, 2015, the County willpay 100% of the full cost for medical, dental and vision insurance coverage for full-timeemployees( budgeted 1. 0 FTE positions) who enroll in Pacific Source Smart-Choice NetworkReferrals Required Module 2.

19.2 Flexible Spending Account.

Bargaining unit employees may enroll in the County Section 125 Plan.i

19.3 Long-Term Disability Insurance.

The County shall provide and maintain a plan equal to or better than the current ninety( 90) day e

delay long-term disability insurance plan for each employee. Such plan shall compensate thecovered employee at a rate of sixty-six and two-thirds( 66- 2/3) percent of the employee' s grosssalary after ninety( 90) days of disability. I

19.4 Liability Insurance. iThe County shall provide and maintain liability insurance in such amounts and containing suchterms and conditions as are necessary for protection of all employees against claims against themincurred in or arising out of the performance of their duties.

1

19.5 Life Insurance. t

The County shall provide and maintain a ten thousand dollar($ 10, 000) life insurance policy forpolice officers, and, in addition, shall provide and maintain a twenty thousand dollar($ 20,000)

life insurance policy for employees as per present practice.i

19. 6 Motorist Policy.

The County will, either through self-insurance or purchase of uninsured or underinsured motorist tpolicies, provide coverage for all bargaining unit employees for the amount required by Oregon klaw and generally considered " reasonable" coverage. l

ARTICLE 20 - RETIREMENT

20. 1 PERS. 1k

The County will continue to participate in the Oregon Public Employees Police and Fire j

Retirement System( or its successor as determined by the State of Oregon) for those employeesin the classifications currently participating in that plan. .. t

1i

Josephine County and Josephine County Sheriffs AssociationFinal Contract 7/ 1/ 2014— 6/ 30/ 2017 34-

t

4:

iI

20.2 PERS `Pick-Up'.

Bargaining unit employees who are participants in any PERS Plan shall be required to pay sixpercent( 6%) of the gross wages as an employee contribution to said plan. All such contributions

to PERS shall be withheld from the employee' s pay and shall be deemed picked-up for purposesof Section 414(h)( 2) of the Internal Revenue code. No employee shall have the option of

receiving this portion of an employee' s salary and paying the retirement contribution directly,and the amount of such contribution shall not be included in or reported as gross income of the

employee for income tax purposes. Pursuant to federal law, the pick-up contribution shall besubject to FICA and Medicare taxes.

20.3 Deferred Compensation Program.

Full-time regular employees in classifications which are covered by PERS General Service ( notPolice and Fire) and/or OPSRP shall be eligible to participate in the County' s deferredcompensation program, in accordance with the terms thereof. The County will contribute to thedeferred compensation program only on a matching basis, i. e., only if and to the extent theemployee also contributes to the program, and the County' s maximum match on an employee' scontribution will be three percent( 3%) of the employee' s wages, calculated after an employee' s

contribution to the retirement plan. The County retains the right to administer the Plan as setforth and retains the right to solely select the investment providers for the Plan. The County' smatching contribution to the deferred compensation program shall be limited to existingemployees who are enrolled in the Plan as of January 1, 2015, and it will not be available to anyother employees.

ARTICLE 21 - COMPENSATION

21. 1 Salary Schedule.

Employees covered by this Agreement shall be paid in accordance with the guidelines containedherein and the applicable pay ranges in Appendix A, attached hereto and made a part of thisAgreement.

21.2 Certification Pay.

a) An employee shall receive a certification pay increase for an Intermediate DPSSTcertificate and an Advanced DPSST certificate. The pay increase shall commenceon the first full month following the date the employee provides proof of thecertification issuance.

b) When an employee receives a pay increase for an Intermediate and Advancedcertification, the employee shall move to the step in the new pay grade that isclosest to but not less than a 5% increase in their pre- certification pay.

21.3 Salary Increases.

The following types of salary increases are available to employees:


Final Contract 7/ 1/ 2014— 6/ 30/ 2017 35-

1

F

a) Increase for New Employees. At the satisfactory completion of six( 6) monthsof employment, the employee shall receive a one( 1) step increase. Thereafter,step increases shall be granted annually.

b) Promotion or Reclassification Increase. When an employee is promoted or

reclassified upward, the employee shall be given a one( 1) step increase in pay. Ifthe promotion or reclassification is such that a one ( 1) step increase in pay doesnot place the employee on the entry step of the employee' s new salary range, theemployee shall move to the entry step of said range. A new anniversary date isestablished at the time ofpromotion or reclassification. Upon satisfactorycompletion of a six( 6) month probation period within the new classification, the

employee shall be given a one ( 1) step increase in pay and establish a newanniversary date.

c) Merit Increase. Merit increases are not automatic. At the time an employee is

evaluated for a longevity increase an employee is also eligible for considerationfor a merit increase. The merit increase is reserved for that small percent of

employees who are demonstrating superior job performance by working aboveand beyond their job description or producing a volume of work in excess of whatis normally expected from someone in an employee' s job classification.

d) Exceptional Increase. The Sheriff may request that the Board of County 1Commissioners approve an exception to the general rules regarding salaryincreases where circumstances warrant such action.

21.4 Pay Periods and Draw.

The wages of employees shall be paid monthly on or before the seventh( 7th) day of the monthfollowing the pay period, provided, however, an employee may request an advance ofwages on I

or before the twenty- first( 21st) day of the pay period. Any such advance shall be between$ 1001, 000 according to the existing payroll policy of Josephine County. Said amounts shall be

reduced by any garnishments or assignments received during the first fifteen ( 15) days of the payperiod.

ARTICLE 22 - WORKERS COMPENSATION

22. 1 Coverage.

Employees shall be insured under the provisions of the Oregon State Workers' Compensation

Act.

22.2 Pay on Date of Injury.

The day of injury while on duty shall be considered a workday, and the employee shall receivethe employee' s normal salary for that day.

I `


Final Contract 7/ 1/ 2014— 6/ 30/2017 36-

s

22.3 Procedures.

a) An employee offwork due to an injury or illness covered by Workers'Compensation shall have the difference between the time loss benefits and the

employee' s regular salary net after taxes paid by the County for up to thirty( 30)days. An employee may utilize accrued sick leave to supplement Workers'Compensation benefits received. Salary paid in such instances shall be equal tothe amount not paid by Workers' Compensation, in order to make up thedifference between the Workers' Compensation payment received for lost time

and the employee' s net after tax salary rate as of the time the coveredinjury/ illness commenced( i.e., gross pay less State and Federal deductions). In

such instances, a corresponding charge will be made against the employee' saccrued sick leave. After an employee' s accrued sick leave has been exhausted,

an employee may use any other paid leave which an employee then has accruedon the books.

b) Nothing contained herein shall prevent the County from terminating anemployee' s employment when it becomes medically probable that the employeewill not be able to return to an employee' s prior duties, except that as to an

employee suffering an injury or illness covered by Workers' Compensation thisright of the County will not be exercised within three( 3) months of thecommencement of the injury or illness.

c) Should an employee be terminated because of an employee' s inability to return towork from an injury or illness covered by Workers' Compensation, an employeemay utilize the value of any unused accumulated sick leave towards the cost ofcontinuing the health insurance plan referred to in Section 19. 1 of this Agreementfor up to six( 6) months after the date of termination.

ARTICLE 23— OFF-DUTY INJURY OR ILLNESS.

23.1 In the event of an off-duty injury or illness resulting in the employee being unable toperform his or her assigned duties, the employee may be offered the opportunity to Fperform restricted duties ofwhich he or she is capable, provided that there shall be no

obligation on the part of the County to create a restricted or other form of light dutyposition where one would not ordinarily exist. Any such position shall continue in theCounty' s discretion and may be time- limited. i F

a) An employee who provides a written statement from a physician that the

employee is incapable of performing normal assigned duties, but is capable ofperforming restricted duties, may be assigned at the hourly rate designated for thatlight duty position.

b) An employee assigned to restricted duty will periodically be required by theCounty to provide a Release to Duty form from his or her physician, stating thathe or she is incapable ofperforming regularly assigned duties. A restricted dutyy - --- -assignment shall not extend past ninety( 90) calendar days.


E

I t

1

23.2 An employee who remains on off-the-job injury leave for more than ninety( 90) calendardays from his or her regular assigned duties will be required, by the County, to showcause why he or she should not be medically retired or released from employment.

a) Denial of or limits placed on restricted duty is not a grievable issue.

23.3 This Article does not restrict the County' s obligations under applicable laws, includingthose related to disability and family leave.

ARTICLE 24- GENERAL PROVISIONS

24. 1 Information.ie

Either party to this Agreement will provide the other with single copies of information which is amatter of public record and which bears directly on the administration of the Agreement uponthat party' s request.

24.2 Job Descriptions.

The County shall maintain written job descriptions that shall include the title and specificationsfor various positions, including a concise descriptive title, a description of responsibilities and astatement of minimum or desirable qualifications for each position. The County will notify theAssociation when a new bargaining unit position is created, or a substantial change is made inthe description of an existing job classification. r

24.3 Uniform and Protective Clothing.F

a) Each employee required to carry a weapon shall continue to receive a monthlyequipment allowance of$30, which is to be utilized towards the employee' s cost

ofproviding and maintaining his/her duty weapon, belt, holster, handcuffs case,handcuffs, magazine pouch, chemical spray holder, baton ring, and baton.

b) Bargaining unit employees who are not required to carry a weapon but who arerequired to wear a uniform will continue to be given a monthly allowance of$ 10towards the cost of the uniform.

c) The County shall provide a full uniform, including appropriate jackets, rain gearand any other article of clothing the County requires the employee to wear. TheCounty shall provide a protective vest for all armed deputies. 1

24.4 Promotions.

The position of detective will be considered a promotion. Employees in the classification of

detective are considered to have been promoted to that position and may only be demoted for justcause under Article 15, Discipline.


Final Contract 7/ 1/ 2014— 6/ 30/2017 38-

1

I !

24.5 Inspections and Searches.

The Sheriff or the Sheriff' s designee may, after notice to an Association representative, inspectan employee' s personal equipment that has been issued and the employee' s locker on a regular

basis to ensure that Office- issued items are intact and in good working order. During such aninspection, personal items in the locker will not be inspected.

Should the Sheriff or the Sheriff' s designee have reasonable suspicion to believe that illegal

items are in an employee' s locker, then the Sheriff or the Sheriff' s designee may search saidlocker and its contents, after having first attempted to notify the employee, unless the Sheriff or p

the Sheriff' s designee believes that such notification would impede the investigation. In anyevent, an Association representative will be afforded the opportunity to be present.

24.6 Drug Testing.

Policy contained in the Sheriff' s Office policy manual.

24.7 Rules.

The parties recognize that the Sheriff and the County are directly responsible to the citizens ofthe County and to the public for the performance of the functions and services performed by theSheriff' s Office. It is jointly recognized that the County and the Sheriff must and do retain broadauthority to fulfill and implement their responsibilities and may do so by adoption of oral orwritten work rules. It is agreed that no existing work rule or new work rule will be promulgatedor implemented which is inconsistent with a specific provision of this Agreement, provided thatthe requirements of Federal and Oregon law shall always be paramount. All work rules which

have been or shall hereafter be reduced to writing shall be posted on the appropriate Officebulletin boards for a period of ten( 10) consecutive workdays and shall be furnished to theAssociation. In the event the Association considers a work rule to be inconsistent with a specific

provision of this Agreement, or otherwise wishes to discuss the rule, it shall so notify the Sheriffwithin the ten ( 10) day posting period. In such event, the rule shall be discussed between theSheriff and the Association. If after such discussion the Association still feels the rule is in

violation of the Agreement but the County does not agree, the Association may submit its claimin accordance with the procedures set forth in Article 17, Settlement of Disputes commencing atStep III, provided it makes such submission with ten( 10) days of concluding the discussionbetween the Sheriff and the Association.

4

24. 8 Captions.

The use of section or paragraph headings throughout this Agreement is intended for ease of

reference only and shall not be construed to enlarge on, limit, diminish, or in any way modify theterms or conditions thereof

i

ARTICLE 25- MAINTENANCE OF STANDARDS

25.1 The County agrees that all rights, privileges and conditions of employment relating tohours of work, wages and general working conditions which constitute mandatorysubjects for bargaining shall be maintained at not less than the highest standards in effect

1Josephine County and Josephine County Sheriffs Association

Final Contract 7/ 1/ 2014— 6/ 30/2017 3 9-

at the time of the signing of this Agreement, and the conditions of employment shall beimproved wherever specific provisions for improvement are made elsewhere in thisAgreement. Employees receiving more than a contractual wage scale or fringe benefitsor enjoying more favorable working conditions than provided for in this Agreement shall gnot suffer a reduction by reason of the execution of this Agreement.

ARTICLE 26- OFF DUTY EMPLOYMENT

26.1 Permission.

Employees shall obtain written permission from the Sheriff before engaging in off dutyemployment. If the Sheriff disapproves of the type of outside employment, then the employee

shall not engage in the outside employment. Such permission will not be unreasonably withheld.

26.2 Off-Duty Employment Prohibitions.

Employees who are on sick leave, medical leave, restrictive duty, or entry-level probationarystatus are generally prohibited from off-duty employment. Employees will not be authorized offduty employment that presents a conflict of interest, as reasonably determined by the Sheriff.

26.3 Special Duty for Second Employers.

The Sheriffs Office from time to time may enter into contract arrangements. The Sheriff' sOffice shall implement a system whereby employees are allowed to perform on a voluntary basisSpecial Duty work for a second employer. Second duty work shall mean uniformed or non-uniformed work outside the employee' s regular shift which is contracted by the Sheriff's Office. p

ARTICLE 27- EMPLOYEE RELATIONS COMMITTEE

27.1 The parties agree to establish a joint Employee Relations Committee for the purpose of

maintaining open communications between the parties, working as a catalyst to resolveissues, and providing input to the Sheriff on matters ofmutual interest.

27.2 The Committee shall have no authority to modify or interpret the Collective BargainingAgreement.

27.3 The Committee shall meet at such dates and times as may be mutually agreed. The topicsfor discussion shall be exchanged at least seven ( 7) days prior to any meeting, unlesswaived by mutual agreement, and either party may refuse to discuss any matter.

ARTICLE 28 - SAVINGS CLAUSE

28. 1 If any provision of this Agreement is or becomes in contravention of the laws orregulations of the United States or State of Oregon, the provision shall be suspended bythe appropriate provision of the law or regulation so long as it is in force and effect, butall other provisions to this Agreement shall continue in full force and effect. The

provisions being in contravention of such laws or regulations shall be renegotiated by theparties in order that there will be no such contravention. If the parties are unable to

renegotiate, the matter shall be settled as a grievance at Step III and the arbitrator shall

Josephine County and Josephine County Sheriffs Association t

Final Contract 7/ 1/ 2014— 6/ 30/ 2017 40-

F

yYhave authority to adjudicate the matter following the PECBA process with final offersdue within seven( 7) days of either party requesting a list of arbiters and following thelast best offer process.

ARTICLE 29- STRIKES AND LOCKOUTS

29. 1 No Strikes.

It is agreed that there shall be no strikes, walkouts or other concerted refusal to perform work in

accordance with state law. The Sheriff may discipline employees for violation of this Article.

29.2 No Lockouts.

It is agreed there will be no lockout of employees covered by this Agreement.

ARTICLE 30- TERM OF AGREEMENT

30. 1 This Agreement shall be effective as of July 1, 2014 and shall supersede all priorcollective bargaining agreements between the parties. It shall remain in full force andeffect through June 30, 2017.

30.2 Negotiations for a successor contract will begin by the Association presenting its openingproposals to the County between October 1, 2016 and October 31, 2016. During theperiod of negotiations for a successor Agreement, the terms of this contract shall remain

in full force and effect.

AGREED AND ENTERED this 2015.

SHERIFF' S% - '• CIATION JOSEPHINE COUNTY

Irey, SA President K. 0. Heck, Chair

Travis Snyder, SA Vice President . Cherryl Walker, Vice Chair

Maria Valdez, Bekalning Team Member Simon G. Hare, Commissioner


1.

1EEE

FE

SHERIFF ASSOCIATION Salary Table - Appendix A iEffective July 1, 2014-June 30, 2017 i

1

GRADE I STEP 1 I STEP 2 I STEP 3 I STEP 4 I STEP 5 I STEP 6 STEP 7

1S 1 I 2,413.75 I 2, 555. 15 i 2,682.61 I 2, 814.06 I 2, 957.44 I 3, 102. 82 I 3, 266. 14

I 13. 93 I 14.74 I 15.48 I 16. 24 I 17. 06 I 17. 90 I 18. 84

S 2 I 2, 535. 24 I 2,682.61 I 2, 814.06 I 2,957.44 I 3, 102. 82 I 3,266. 14 I 3,423.46

14.63 I 15.48 I 16.24 I 17. 06 I 17.90 I 18.84 I 19.75 I 1.i

S 3 I 2, 959.42 I 3, 130. 70 I 3,288.03 I 3, 455.32 I 3,624.60 I 3, 801. 85 I 3, 991. 05

17.07 I 18. 06 I 18. 97 I 19. 93 I 20. 91 I 21. 93 I 23.03

S4 I 3,015.20 I 3, 190.45 I 3, 724. 18 I 3,905.40 I 4, 100. 59 I 4,305. 72 . I 4, 516.82

17.40 I 18.41 I 21. 49 22.53 23.66 I 24.84 26. 06

y

S 5 I 3, 031. 14 i 3, 208. 37 I 3,742. 10 I 3, 923.33 I 4, 118. 51 I 4,323.63 I 4, 536.73

17.49 I 18. 51 I 21. 59 I 22.64 23. 76 24.94 I 26. 17

s

S 6 I 3, 108. 81 I 3,288.03 I 3,833.72 I 4, 022.91 I 4,222.08 I 4,431. 19 4,648.27it

17.94 I 18. 97 I 22. 12 I 23.21 I 24. 36 I 25. 57 I 26.82 I t

t

S 7 I 3, 184.47 I 3, 371. 68 3, 923.33 I 4, 118. 51 I 4, 323. 63 4, 536. 73 I 4,761. 77 r

18. 37 I 19.45 22.64 I 23.76 I 24.94 26.17 I 27.47 I

S 8 I 3,248.21 I 3,437.40 I 3, 929. 31 I 4, 126.48 I 4,331. 59 I 4,544.70 I 4,771. 74

18.74 I 19. 83 22.67 23.81 I 24.99 I 26. 22 I 27.53

S 9 I 3,329.85 I 3,523.03 I 4, 030. 88 I 4,230. 05 I 4,437. 15 I 4,658.21 4,893.22 t19.21 I 20.33 I 23.26 I 24.40 I 25.60 I 26.87 I 28.23

t

S 10 ( 3,409.52 I 3,604.69 I 4, 126.48 I 4,331. 59 I 4,544.70 I 4,771. 74 I 5, 012.71

19.67 I 20.80 I 23. 81 I 24.99 i 26.22 I 27.53 I 28. 92 I

S 11 I 3,491. 18 I 3,698.29 I 4,230. 05 I 4,437. 15 I 4,658.21 I 4,893.22 I 5, 138. 17 I20.14 I 21. 34 I 24.40 I 25.60 I 26.87 I 28.23 I 29.64

S 12 I 3,578.80 I 3, 787.91 I 4, 331. 59 I 4,544.70 I 4,771. 74 I 5, 012. 71 I 5, 263.64

20.65 I 21. 85 I 24.99 I 26.22 I 27.53 I 28.92 30.37 I g

is

Josephine County and Josephine County Sheriffs Association r

Final Contract 7/ 1/ 2014- 6/ 302017 42-

E

1

I

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY f,

STATE OF OREGON

In the Matter of Submitting to Josephine )County Voters at the May 19, 2015 Special ) Resolution No. 2015-004

Election, an Ordinance RegulatingMarijuana and Marijuana Products

WHEREAS, pursuant to authority in the Josephine County Charter Chapter III, Section 13, the JosephineCounty Board of Commissioners provided a first reading of Ordinance No. 2014-004, on October 1, 2014, ata public hearing held for that purpose; and

WHEREAS, on October 22, 2014, following a second reading and public hearing, the Board adopted d,

Ordinance No. 2014-004, effective upon approval by the voters of an authorizing measure at the election ofMay 19, 2015; now, therefore,

The JOSEPHINE COUNTY BOARD OF COMMISSIONERS HEREBY resolves:

1. The measure described in the proposed Ordinance( Exhibit A) is referred to the electors of

Josephine County for their" yes" or" no" vote.

2. The Ordinance( Exhibit A), Ballot Title( Exhibit B), and Explanatory Statement( Exhibit C), areapproved for submission to the Josephine County Elections Officer, "County Clerk," for the May 19, 2015, 1Special Election.

3. The Josephine County Legal Counsel will certify form SEL 801, the Notice of CountyMeasure Election, as required by law. is

4. Following certification, the Josephine County Legal Counsel shall cause to be delivered tothe County Clerk this resolution, Ordinance, Ballot Title, form SEL 801, and Explanatory Statement for thevoter's pamphlet, for further action as required by law for placement on the May 19, 2015, Special Electionballot.

5. The County Clerk shall give notice of receipt of the ballot title and notice of electors' right topetition for review of the ballot title as provided by law.

DONE AND DATED this day of January 28, 2015.

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

K.O. Heck, Chair

Cherryl Walker, Vice- Chair

Simon G. Hare, Commissioner

Resolution No. 2015-004

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY

ORDINANCE NO. 2014-004

AN ORDINANCE REGULATING MARIJUANA AND MARIJUANA PRODUCTS

WHEREAS, the Josephine County Charter provides that the County has all powers necessary forthe conduct of its affairs, consistent with the Constitutions and laws of the United States and theState of Oregon; and

WHEREAS, the Oregon Legislature has enacted laws relating to the production and sale ofmarijuana and marijuana products; and

WHEREAS, it appears that marijuana dispensing facilities and grow sites exist in JosephineCounty; and

WHEREAS, it appears that the production and sale of marijuana and its products within Josephine

County are privileges that are or should be subject to regulation and taxation by the County; and

WHEREAS, it appears that imposing a tax on the privilege of producing or selling marijuana andmarijuana products and regulating the practice would benefit the citizens of Josephine County,now, therefore,

The Board of County Commissioners of Josephine County ordains as follows:

SECTION 1. 00 TITLE

This Ordinance shall be known as the Josephine County Marijuana Ordinance.

SECTION 2.00 PURPOSE AND INTENT

The purpose of this Ordinance is to impose a tax on the production, transportation and transfer of

marijuana and marijuana products within Josephine County and to regulate the production,transportation and transfer of marijuana and marijuana products.

SECTION 3.00 DEFINITIONS

3.01 The following are definitions for the purposes of this Ordinance and for the purpose of anyagreement entered into pursuant hereto and for any actions taken as authorized pursuantto this ordinance and otherwise:

A. " Consideration" means anything of value that is given or received either directly orindirectly whether through sales, barter, trade, fees, charges, dues, contributions,donations, or reimbursements.

B. " Consumer" means a person who purchases, acquires, owns, holds or uses

marijuana or marijuana products other than for the purposes of resale or delivery ortransfer to another person.

C. " Dispensary" means any location where marijuana or marijuana products are kept,displayed, or made available for sale or transfer to a consumer. Dispensaryincludes both medical marijuana dispensaries and recreational marijuana

dispensaries.

Ordinance No. 2014-004

EXHIBITA Page 1 of 8

PAGE I

1i

D. " Distribute" means to deliver, convey, transfer, sell, consign or otherwise give toanother marijuana or marijuana products. Outright gifts are excluded from the P

Imeaning of " distribute," "distributed" or " distribution." Any transfer for financialconsideration, however received, is a distribution. Distribution includes but is not

limited to any transfer that is accompanied by or results in a reciprocal gift, donation,reimbursement, trade, or any other form of transfer of financial consideration.

i

E. " Gross taxable sales" means the total amount received in money, credits, propertyor any other consideration from the sale of marijuana, medical marijuana, or

marijuana products.t

F. " Grow site" means any location where marijuana plants are planted, grown,

cultivated, or harvested.

G. " Marijuana" means all parts of the plant Cannabis family Moraceae, whether

growingrowin or not, with the exception of industrial hemp, as defined in ORS 571. 300.The term " marijuana" includes but is not limited to the resin extracted from the plant,any and every salt, compound, derivative, mixture or preparation of the plant, itsleaves, flowers and stalks, except as provided by ORS 571. 300. p

IH. " Marijuana product" means any and all products of whatever type that contain any I

element, salt, compound, derivative, mixture, resin, or other preparation of i

marijuana and that is intended for human consumption by any means.j

I. Permit" means a permit issued by the Josephine County Sheriff, authorizing the il

person named in the permit to engage in activities involving the production,processing, storage, transportation, packaging, sale, or any other transfer ofmarijuana or marijuana products. Each permit shall specifically describe, by streetaddress or other recognized means, the premises upon which the activities are tobe conducted. I

k.

J. Person" includes any natural person, any corporation, professional corporation,nonprofit corporation, cooperative corporation, any profit or nonprofit unincorporated

association, business trust, limited liability company, general or limited partnership,joint venture, any legal entity, and any unincorporated group acting in common.

K. " Premises" means any location where marijuana is grown, harvested, stored,

processed, kept, delivered, displayed, sold, or offered for sale or for any other typeof transfer. The term " premises" also includes any location where marijuana

i

products are made, created, mixed, stored, processed, kept, delivered, displayed,sold or offered for sale or for any other type of transfer.

I

L. Produce" means to grow marijuana, or to harvest, dry, store, package, process, ortransport marijuana, or to make, manufacture or in any other way create anymarijuana product.

I

M. " Sale" or " sell" means the transfer of marijuana or marijuana products from one Iperson to another for financial consideration. A transfer of marijuana or marijuana

products is a sale if the person transferring the marijuana receives any type offinancial consideration as described herein, whether directly or indirectly, whether atthe time of the transfer or at some other time. i

1

1Ordinance No. 2014-004

EXHIBIT zA _ __ _ Page 2 of 8

PAGE '''' _.. . i

N. " Seller" means any person who transfers marijuana or marijuana products toanother person for consideration.

O. " Tax" means the tax imposed by this Ordinance on the sale or transfer of marijuanaor marijuana products.

SECTION 4.00 AUTHORITY

4.01 The Board of County Commissioners of Josephine County recognizes, declares and

establishes the authority of the Board of Commissioners to regulate the production andtransfer and sale of marijuana and marijuana products within Josephine County, and toassess, calculate, collect and enforce a tax on all such activities.

4.02 This Ordinance does not apply to premises located within the city limits of incorporatedcities within Josephine County, nor to activities conducted solely within such city limits.

SECTION 5.00 PERMITS AND APPLICATION

5. 01 No person shall engage in any activity involving the production, transportation, processing,storage, transfer or sale of marijuana or marijuana products without a permit issued by theJosephine County Sheriff. No person shall perform any duties or other functions in anyestablishment, or upon any premises, where marijuana or its products are produced,stored, processed, kept, sold, bartered, or in any manner transferred, whether such personperforms duties or functions for consideration or not, unless the person has a permit to do

so issued by the Josephine County Sheriff.

5. 02 Every person applying for a permit to produce, transport, store, process, sell, or transfermarijuana or its products shall complete an application for a permit to do so on a formprovided by the County. The application shall require a plain and concise statement of the

activity in which the person wishes to engage; it shall include a waiver specifically

authorizing the Oregon Health Authority, its employees and its agents, to release toJosephine County any and all information requested by the County in connection with thetransaction of activities involving marijuana and its products within the County. The

application shall include a waiver specifically authorizing the Josephine County Sheriff,Sheriff's deputies, and employees or agents of the Josephine County Tax Collector and theJosephine County Planning Department to enter in or upon premises where the activitiesare conducted for the purpose of ensuring compliance with the provisions of this Ordinance.

5.03 Every person applying for a permit shall be subject to a background investigation conductedby the Josephine County Sheriff. The application form shall include a waiver specificallyauthorizing the Josephine County Sheriff or the Sheriff's deputies to conduct such aninvestigation. No person shall receive a permit who has a felony conviction; no person shallreceive a permit who has a conviction for drug offenses; no person shall receive a permitwho has a conviction for any crime of domestic violence or for a crime involving theft, falseswearing, perjury, or other type of dishonesty or deceit.

5. 04 Every person applying for a permit shall certify that all of the information and statementscontained in the application are true, accurate and complete. Any false or misleadingstatement made in the application, or any omission of material information, is grounds forrefusal of the permit, or for immediate cancellation of the permit if already issued. Everyapplicant must be a resident of Josephine County. No permit shall be issued to any person

not a resident of the County.


iBs- A Page 3 of 8

PAGE 3

5.05 Every application for a permit shall be accompanied by an application fee, which shall beestablished by Board Order. The fee shall, in part, reimburse the Josephine County Sherifffor the cost of fingerprinting and photographing the applicant as a part of the backgroundinvestigation for the permit. Every application shall state the address of the property uponwhich any activity relating to marijuana or its products will be conducted. A permit shall

authorize activities at only one location, and shall authorize only the person named in theapplication to conduct such activities. Every other person involved in the activities mustsubmit a separate application. Every separate property upon which marijuana activities areconducted must be the subject of a separate application, even if the same person is namedin both applications.

5.06 Upon receipt of a properly completed application form accompanied by payment of theapplication fee, the Josephine County Sheriff shall fingerprint the applicant, and shallsubmit the fingerprint card for a criminal background check by state and federal authorities.The Sheriff shall conduct a background investigation to determine whether the applicanthas any prior convictions, and to determine whether the information contained in theapplication is true, accurate and complete. The Sheriff shall notify the applicant and theBoard of County Commissioners of the granting or denial of the requested permit within ten10) days of the date the Sheriff receives the completed application.

5. 07 In the event that a permit is granted, the holder of the permit shall:

A. Notify both the Josephine County Sheriff and the Board of County Commissioners ofthe date when the person begins operations. Such notification shall include anychange in address or any other change in status.

B. Prominently display the permit in or upon the premises where the operations takeplace.

C. Within ten days of the date of any change of address, identity, ownership, or othermaterial deviation from the information contained in the original application, notifythe Sheriff and the Board of County Commissioners of such change.

D. Notify the Sheriff and the Board of County Commissioners if the permit holder or anyperson employed on or around or associated in any way with the marijuanaoperations is arrested. Such notification must be made within three days of the datethe permit holder first learns of the arrest.

E. Engage only in the activities specified in the application. Engaging in any otheractivities is unlawful, is a violation of the provisions of this Ordinance, and is

grounds for immediate revocation of the issued permit.

5. 08 In the event that the application for a permit is denied, the applicant may appeal the denialby filing the appropriate type of complaint or petition in the Circuit Court of the State ofOregon for Josephine County. Every person filing such an appeal will bear his or her owncosts, expenses, and fees.

5. 09 Every permit holder shall at all times comply with all applicable provisions of state law.Failure to do so is grounds for the immediate revocation of the permit and legal action toensure the cessation of the activities. The Josephine County Board of Commissionersmay, by Board Order, adopt administrative rules governing any and all activities involvingthe production, transportation, processing and sale or transfer of marijuana and marijuanaproducts. Every permit holder must comply with all such administrative rules, as well as the


Page 4 of 8w'' 4 i

PAGE If

administrative rules of the State of Oregon. It is the sole responsibility of the permit holderto be aware of all legal and administrative requirements.

SECTION 6.00 REPORTING

6. 01 Every person engaged in the production, transportation, sale, processing, storing, or

delivery of marijuana or marijuana products shall keep accurate records detailing thenumber of plants cultivated, the number of plants harvested, the total number of ounces ofmarijuana obtained from any harvest, the total number of ounces of marijuana processed,transferred, sold, or in any other way conveyed to any other person. Such records shall

specify the time period for which they apply, which shall be not less than one week and notmore than one month. Such records shall be kept and maintained upon the premiseswhere the activity is conducted, and such records shall be available for inspection byCounty authorities at any time.

6. 02 Failure to maintain the records prescribed in Section 6. 01 is a violation of the provisions ofthis Ordinance and shall subject the violator to a penalty of $ 1, 000. 00. Failure to file the

report required in Section 6. 01 is a separate violation, subjecting the violator to a penalty of1, 000. 00 for each day the report is late. Failure to pay the tax as required is a separate

violation, subjecting the violator to a penalty of $ 1, 000.00 per day for each day the tax islate.

6.03 Failure to make such records available for inspection is a violation of the provisions of thisOrdinance and shall subject the violator to a penalty of $ 1, 000.00 for each day the recordsare withheld from inspection or not made available for inspection.

6. 04 Any person subjected to a penalty under Sections 6. 02 or 6. 03 of this Ordinance shall havethe right to appeal the imposition of the penalty by filing a complaint with the Circuit Court ofthe State of Oregon for Josephine County, provided that notice of such appeal is given tothe Court and to the County within thirty( 30) days of the date the penalty is imposed.

6. 05 Notice of the imposition of the penalty described in Section 6. 02 and 6.03 shall be bywritten notice, delivered by certified mail to the occupant or person in charge of thepremises where the violation occurred and by certified mail to the owner of the premises.Posting of the written notice in a prominent place upon the premises shall be sufficient toprovide notice of the penalty. Imposition of the penalty is effective on the date the notice iseither delivered to the occupant of the premises or posted on the premises. If notification

is by certified mail, the penalty is effective on the date the certified letter is either receivedor refused by the intended recipient. For the purposes of appeal, the penalty is imposed onthe date it becomes effective.

6. 06 The penalty becomes a lien on the subject property on the date it becomes effective. A

copy of the notice of imposition of the penalty shall be delivered to the County Clerk withinstructions to record it as a valid and existing lien.

SECTION 7.00 TAXATION

7. 01 There is hereby levied and shall be paid by every seller a tax on the privilege of sellingmarijuana and marijuana products as defined in this Ordinance.

7.02 The tax shall be in the amount of ten percent ( 10%) of the total amount of the gross taxablesales of marijuana and marijuana products. Every seller shall be responsible for thecollection of the tax from the consumer at the time of the sale, and shall be responsible for


A Page 5 of 8

PAGE 5

the payment of the tax to the Josephine County Tax Collector. Any tax owing to JosephineCounty through the offices of its Tax Collector shall be a debt owed to the County by theseller. The County may undertake any action permitted by law to collect the debt.

7.03 Every seller shall be entitled to a deduction against the tax of the amount in the form ofrefunds actually returned to the purchaser.

7. 04 Every seller shall make a return to the Josephine County Tax Collector on the fifteenth day 1of April, July, October, and January, reporting the total amount of sales for the immediatelypreceding three-month period. The return on April fifteenth shall report the total sales for

the months of January, February and March; the return on July fifteenth shall report thetotal sales for the months of April, May, and June; the return on October fifteenth shallreport the total sales for the months of July, August and September; and the return onJanuary fifteenth shall report the total sales for the months of October, November andDecember.

7.05 Every return listed in Section 7.04 shall be accompanied by payment of the total amount ofthe tax. Payment of the tax is due at the time the return is made. The return is not filed

until actually received by the Josephine County Tax Collector.

7.06 Failure to pay the tax in the full amount at the time it is due is a violation of the provisions ofthis Ordinance. Any seller who fails to pay the total amount of the tax at the time it is dueshall pay a penalty of ten percent( 10%) of the unpaid portion of the tax. If the balance due

is not paid within thirty (30) days of the normal due date, the seller shall pay an additionalpenalty of thirty percent( 30%) of the unpaid balance.

7.07 If a seller fails to make the return required by Section 7. 04 when due, the Josephine CountyTax Collector shall, upon the expiration of thirty (30) days after the date the return was due,undertake whatever investigation is necessary to make an estimate of the tax due. Within

forty-five (45) days after the due date of the tax, the Tax Collector shall assess against theseller the estimated tax and notify the seller in writing of the assessment. The Tax Collectorshall also notify in writing the Sheriff and the Board of County Commissioners. If the seller

fails to file the return and pay either the estimated tax and associated penalties or the actualtax based upon the return and the associated penalties, the Sheriff shall revoke the seller'spermit to conduct marijuana related activities in Josephine County. The Sheriff, the Tax

Collector, and the Board of County Commissioners shall take whatever action is permittedby law to collect the tax and to secure the cessation of the seller's activities.

7.08 Any seller aggrieved by any action or decision of the Sheriff, the Tax Collector, or the Boardof County Commissioners shall have access to redress by filing the appropriate documentsin the Circuit Court of the State of Oregon for Josephine County.

SECTION 8.00 LOCATION

8.01 Any facility, premises, shop, store, show room or other dispensary of any type in whichmarijuana is stored, processed, kept, displayed, or offered for sale or any other type oftransfer must be located in an area that is zoned for commercial, industrial or mixed

used or as agricultural land. Such facility shall not be located at the same address orupon the same property as a grow site.

8.02 Any facility described in Section 8.01 shall not be located within 1, 000 feet of the realproperty comprising a public or private elementary, secondary or career school attendedprimarily by minors.


A Page 6 of 8

PAGE

11f$

If

8.03 No facility described in Section 8. 01 shall be located within 1, 000 feet of any other facilitydescribed in Section 8. 01. i1

8. 04 Any grow site must be located in an area zoned for commercial, industrial or mixed use or ias agricultural land. No grow site shall be located at the same address or upon the sameproperty as any other grow site or a facility described in Section 8. 01.

8. 05 No grow site shall be located within 1, 000 feet of the real property comprising a public orprivate elementary, secondary or career school attended primarily by minors.

8.06 Every grow site and every facility described in Section 8. 01 shall be in possession of a validpermit for the activity being conducted upon the premises and shall be properly registeredand licensed as a business by the State of Oregon. 1

iSECTION 9.00 EFFECT OF ADOPTION

19. 01 Upon its effective date, this Ordinance imposes a tax upon the privilege of engaging in the

production, transportation, sale, processing, storing, or delivery of marijuana or marijuanaproducts within Josephine County, and imposes restrictions and regulations upon personsengaging in such activities. i

19.02 This Ordinance is not retroactive; transactions conducted prior to the effective date of the

Ordinance are not affected and are not subject to the tax. All transactions conducted on orafter the effective date of this Ordinance are subject to the tax. 1

iSECTION 10. 00 ENFORCEMENT AND PENALTIES

110. 01 Any attempts to avoid the requirements of this Ordinance by fraud, deceit, concealment,

misstatement, omission, neglect, or any other act or failure to act that might reasonably be t

expected to result in the avoidance of the requirements of this Ordinance is a violation ofthe provisions of this Ordinance and shall subject the violator to a penalty of $ 1, 000.00 per i

day until the violator has remedied the violation by compliance with all provisions of thisOrdinance. f.

10. 02 Any person or entity who induces or attempts to induce any other person or entity to avoidor attempt to avoid the requirements of this Ordinance is subject to the penalty of$ 1, 000.00

per day until the person or entity inducing or attempting to induce the action or failure to actis found to be completely in compliance with the requirements of this Ordinance.

t10.03 Penalties for violation of the provisions of this Ordinance shall be those set out in Section

6. 02 and 6. 03 and as otherwise specified by this Ordinance.

10.04 Enforcement of the provisions of this Ordinance is the joint responsibility of the JosephineI

County Sheriff, the Josephine County Assessor, and the Josephine County Tax Collector.Each of those officers is authorized by the adoption of this Ordinance to take any and all I'

actions necessary to enforce the provisions of this Ordinance, consistent with the provisionsof the Constitutions, statutes, and rules of the United States and the State of Oregon.

10.05 Each officer named in Section 10. 04 is hereby directed to cooperate fully with each of the Fother officers and their agents and employees. The Josephine County Sheriff or a deputy is

or an agent or employee of the Assessor or the Tax Collector shall make periodicinspections of all of the premises in or upon which marijuana is grown, stored, processed, i


A Page 7 of 8

AO 1i

1R

i

kept, sold, transferred, consigned, conveyed, or delivered.

10.06 Refusal to allow a duly authorized Josephine County Sheriff, Deputy Sheriff or other agentor employee to enter upon premises for the purpose of inspection is a violation of theprovisions of this Ordinance and shall subject the violator to a fine of $ 1, 000. 00 for eachoccasion of refusal.

10. 07 All fines and penalties imposed or assessed under the provisions of this Ordinance shall be f

immediately effective as liens against the real and personal property, if any, of the violator, tsuch property being located in Josephine County. Josephine County may use any legal tmeans to facilitate the collection of all such fines and penalties, as well as the taxesimposed by this Ordinance. t

10. 08 Engaging in the practice of growing, harvesting, processing, packaging, transporting, i

storing, displaying, selling or otherwise transferring marijuana or marijuana products withouta permit issued by the Josephine County Sheriff is a violation. Each violator shall pay apenalty of $ 1, 000.00 for each day the person operates without a permit. In addition, the

County may use any action permitted by law to ensure the cessation of the practice.

SECTION 11. 00 SEVERABILITY Ii

11. 01 In the event that any part of this Ordinance shall be held by a court to be invalid or iunenforceable, the remaining sections shall be unaffected and shall remain in full force andeffect.

i

SECTION 12. 00 EFFECTIVE DATE

First reading by the Board of County Commissioners thisk

t day of Ccttbc, 2014.

I

Second reading and adop i9Q,n by the Board o C unty,Commissioners at least thirteen ( 13) daysfrom the first reading this . 0 NO day of rr, 2014. This Ordinance shall take effect

upon approval by the voters of an authorizing measure at the election of May 19, 2015.

iJOSEP INE COUNTY

BO D F COMMISSIONERS

ict.A..ca _ i .Y.? . ,A}/:,if

CherIWalker, hair

C ii-e-i‘

eck, Vice Chair

Simon G. Hare, Commissioner f

ATTEST: i

Recording Secretary 1

A"' • VEDASTOF•= :

even E. Rich, Legal C6unsel

Ord) ance No. 2014-004V• Page8of8

iYA^L 6

EXHIBIT B

BALLOT TITLE

CAPTION:

An Ordinance Regulating and Taxing Marijuana and Marijuana Products

QUESTION:

Shall Josephine County regulate and impose a 10% tax on the production, transportation and

transfer of marijuana and marijuana products?

BALLOT SUMMARY:

This measure provides for regulation by the County of the production, transfer, and sale ofmarijuana and marijuana products within the County.

This measure would require persons engaging in any activity involving the production,transportation, processing, storage, transfer or sale of marijuana or marijuana products toapply for and obtain county- issued permits. It would require anyone engaged in such activityto establish adequate record- keeping systems in order to facilitate collection of the taxesimposed on the activities.

This measure provides for a tax on sales of marijuana and marijuana products. Sellers are

responsible for the collection of the tax from the consumer at the time of the sale and forpayment of the collected tax to the County. The measure imposes limits on the siting offacilities in which marijuana or its products are grown, stored, processed or sold.

This measure does not apply to premises located within the city limits of incorporated citieswithin the County, nor to activities conducted solely within such city limits.

I

t

ono B

PAGE 1


EXHIBIT C

EXPLANATORY STATEMENT FOR VOTERS' PAMPHLET

Ballot Title Caption An Ordinance Regulating and Taxing Marijuana and MariivanaProducts

Measure No. Word Total (500 max) 334

The Oregon Legislature has enacted laws relating to the production and sale of marijuana andmarijuana products. Marijuana dispensing facilities and grow sites exist in Josephine County.This measure would allow Josephine County to impose regulations on the activities of growing,processing, transporting, storing and selling marijuana and marijuana products. It would also L

allow the County to impose a tax on the sale of marijuana and its products, and to take stepsto enforce the provisions of the measure.

Under this measure, anyone wanting to engage in an activity involving marijuana would haveto file an application with the Josephine County Sheriff, pay a filing fee, and submit to abackground check. Certain types of prior criminal convictions could prevent a person from

obtaining the necessary permit.

The measure would impose limits on the location of facilities where marijuana is produced,processed, stored, or sold. Such facilities could not be located within 1000 feet of a school, orwithin 1000 feet of each other. Each person employed in such facilities would have to have apermit.

Every seller of marijuana or marijuana products would be required to establish and maintainaccurate records of the amount of marijuana sold and the amount received for the sale.Those records would have to be reported to the County periodically. The measure imposes a

tax on the sale of marijuana, and each seller would be required to collect the tax from thebuyer at the time of each sale. The County would collect the tax from the seller periodically.

The measure imposes fines and penalties for violations of its terms. It authorizes the Countyto use all available legal means to collect the tax, and to collect the fines and penaltiesimposed or assessed as a result of violations. In addition to monetary penalties, the measurewould allow the County to revoke a permit in certain cases. The measure also authorizes the

County to adopt administrative rules to make administration of the measure' s terms easier andmore efficient.

Board of County CommissionersPerson responsible for the content of the Statement

Josephine County n

Name of the Government Body person represents EXHIBIT l

PAGE


CONTRACT FOR PERSONAL SERVICES

Josephine County

This Contract for Personal Services is made by and between JOSEPHINE COUNTY, a politicalsubdivision of the State of Oregon (" County"), and SOUTHERN OREGON SMALL DIAMETER

COLLABORATIVE, dba SOUTHERN OREGON FOREST RESTORATION COLLABORATIVE,

Contractor").

WHEREAS the County has received funds pursuant to Public Law 110-343, Title III,reauthorization of The Secure Rural Schools and Community Self-Determination Act of 2000; and

WHEREAS, pursuant to Title III, section 302(a)( 1) of the Act, the County is authorized to usesuch funds to carry out activities under the Firewise Communities program to provide for an updatedCounty integrated fire plan to provide for fire response, fire adapted communities and fire resilientforests, to service Josephine County communities; and

WHEREAS Contractor has established a Project Plan, and County seeks the assistance ofContractor in providing services for update and completion of the Josephine County Integrated Fire Plan;

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agreeas follows:

1. TERM: This Contract shall commence on November 1, 2014 and shall continue until June 30,

2015, unless earlier terminated or extended as required herein.

2. CONTRACT ADMINISTRATOR: The Josephine County Emergency Services Manager shall bethe Contract Administrator and shall have the authority to request, oversee, and approveServices.

3. SERVICES: Contractor shall perform the Services required for an update to the Josephine

County Integrated Fire Plan as described in Exhibit" A," which is attached hereto andincorporated herein.

3. 1 Contractor shall complete the Services on or before June 30, 2015.

3.2 Contractor and its agents and employees shall hold all licenses, certificates,

authorizations and other approvals required by applicable law to provide the Servicesunder this Contract, and shall maintain such licenses and certificates in good standing forthe duration of this Contract.

4. INDEPENDENT CONTRACTOR: Contractor shall provide the services under this Contract as an

independent contractor. Contractor shall be responsible for payment of all Social Security, andFederal and State taxes on any wages paid to Contractor' s employees. Contractor and itsemployees shall not be deemed employees of the County and shall not be entitled to any benefitsthat are generally granted by the County to County employees, including but not limited to:vacation, holiday and sick leave, other leaves with pay, medical and dental coverage, life anddisability insurance, overtime, Social Security, Workers' Compensation, unemploymentcompensation and retirement benefits.

5. PAYMENT:

5. 1 Payment: Contractor shall provide the Contract Administrator with an invoice request for

payment for those items and services listed in the Work Plan set forth in Exhibit" A". The

1 — Contract for Personal Services

Contract Administrator shall review the invoices and submit appropriate requests for

payment in accordance with County rules and policies.

5.2 Fees: Contractor shall perform those services set forth in Exhibit" A" for an amount of75.00 per hour plus approved expenses, not to exceed $ 50,000 over the term of this

Contract. Contractor shall provide all equipment necessary to perform these services.Any other expenditure reimbursements such as travel must be approved in advance byCounty. Any amounts paid or owing shall be based on actual work performed up to thedate of termination.

5.3 County may suspend or withhold payments if Contractor fails to comply with requirementsof this Contract.

5.4 County shall not be required to make any expenditure under this Contract if funds havenot been appropriated pursuant to ORS 294. 305 et seq. ( Local Budget Law).

5.5 County shall not be indebted or liable for any obligation created by this Contract inviolation of the debt limitation provisions of Article XI, Section 10 of the OregonConstitution.

6. USE OF FUNDS: Contractor's use of funds disbursed by the County is limited to those usesspecifically described in the Scope of Work in Exhibit" A". Any funds spent for purposes notauthorized by this Contract shall be refunded to the County. Contractor shall defend, protect,indemnify and hold County harmless from any and all claims, actions, penalties, damages orother expenses resulting from misuse of any funds by Contractor.

6. 1 Contractor shall obtain the prior written approval of the County for any proposed changesto the Scope of Work in Exhibit" A".

7. RECORDS MAINTENANCE: Contractor shall retain and keep accessible all books, documents,papers, and records that are directly related to this Contract, the funds paid to Contractor, or anyService delivered under this Contract for a minimum of six( 6) years following the termination ofthis Contract. If there are unresolved audit or other questions at the end of the three-year period,Contractor shall retain the records until the questions are resolved.

8. INDEMNIFICATION:

8. 1 County has relied upon the professional ability, qualifications and training of Contractor as amaterial inducement to enter into this Contract. Contractor warrants that all of the services

will be performed in accordance with generally accepted professional practices andstandards and according to the requirements of applicable federal, state and local laws. Theacceptance of Contractor's services by County shall not operate as a waiver or release ofany claim.

8.2 County shall defend, indemnify and hold harmless Contractor, its officers, agents andemployees, from any and all claims, liabilities, demands, damages, actions or proceedingsarising from or relating to the negligence, wrongful acts, or omissions of County in connectionwith the performance of any services under this Contract.

8.3 Contractor shall defend, indemnify and hold harmless County and its officers, agents andemployees from any and all claims, liabilities, demands, damages, suits, actions orproceedings arising from or relating to the negligence, wrongful acts, or omissions ofContractor in connection with the performance of any services under this Contract.

2— Contract for Personal Services

8.4 Contractor shall not be deemed an agent of County under the Oregon Tort Claims Act.

9. TERMINATION:

9. 1 For Convenience: Either party may terminate this Contract upon thirty (30) days writtennotice to the other party.

9.2 For Cause: Either party may terminate this Contract, effective upon delivery of writtennotice to the other party at such later date as may be established, upon the occurrence ofany of the following:

A. If funding to the County from is not obtained or is not continued at levels sufficientto pay for the Services authorized by this Contract;

B. If changes in federal or state law or regulations abrogate or disallow procurementof Contractor's services under this Contract;

C. If any letter of approval, license, or certificate required by law or regulation to beheld by Contractor in order to provide services under this Contract is denied,revoked, suspended, or not renewed; or

D. If a party fails to provide the services required under this Contract, and afterreceipt of written notice from the other party, fails to correct such failure withinthirty (30) calendar days or such other period as may be required. Written noticeshall specify the nature of the breach with reasonable particularity. If the breachspecified in the notice cannot be completely cured within the thirty-day period, butcurative action is undertaken with reasonable diligence, in good faith, to cure thebreach as soon as practicable, then such breach shall not constitute a default.

If practicable, the parties shall endeavor to give notice of termination under this sectionthirty( 30) days prior to the termination date, but failure to give notice within that timeframe shall not invalidate the legal termination of this Contract.

9. 3 Major Breach: Either party may declare a default immediately upon the occurrence of amaterial breach by the other party. A material breach is one that substantially impairs thecontractual relationship of the parties to implement the Program or provide services inaccordance with this Contract. Material breaches include, but are not limited to:

A. Acts or omissions that jeopardize the health, safety or security of any person;

B. Misuse of funds;

C. Intentional falsification of records;

D. Malfeasance by either party's officers, agents, or employees;

E. Intentional refusal to comply with the provisions of this Contract; and

F. A pattern of repeated non- material breaches.

9.4 In the event of a default, before a party may bring an action in any court concerning thisContract, such party must first make a good faith effort to resolve the issue through


negotiation or other non- binding alternative dispute resolution. Pending final resolution ofa dispute, or pending termination of this Contract, the parties shall proceed diligently withthe performance of this Contract unless otherwise notified in writing. If a default is not

resolved pursuant to this section, the injured party may elect to terminate this Contractand pursue any equitable or legal rights and remedies available under Oregon law.

9.5 Liability of County: The County's liability for monetary damages for breach of thisContract shall, in the aggregate, be limited to the amount of the subgrant. In no event

shall the County be liable to Contractor for any indirect, special or consequentialdamages, notwithstanding any notice of the possibility of such damages.

10. COMPLIANCE WITH LAW: County and Contractor shall comply with all applicable federal, stateand local laws, statutes, ordinances, rules, and regulations, including but not limited to Public Law110- 343, reauthorization of The Secure Rural Schools and Community Self-Determination Act of2000.

10. 1 Confidentiality: Contractor shall maintain confidentiality of all records, reports, or otherinformation acquired under this Contract which are exempt from disclosure under the

Oregon Public Records Law( ORS 192.501 et seq.). Contractor shall not release anysuch information which is exempt from disclosure without the prior written consent of

County.

11. GOVERNING LAW; VENUE: This Contract shall be governed by and construed in accordancewith the laws of the State of Oregon. Any suit or proceeding that arises from or relates to thisContract shall be brought and conducted solely and exclusively within the Circuit Court ofJosephine County for the State of Oregon; provided, however, if a Claim must be brought in afederal forum, then it shall be brought and conducted solely and exclusively within the UnitedStates District Court for the District of Oregon. Contractor, by execution of this Contract,consents to the jurisdiction of said courts.

12. FORCE MAJEURE: Neither County nor Contractor shall be held responsible for delay or defaultcaused by fires, riot, civil disobedience, acts of God, or war where such cause was beyond thecontrol of either party. Both parties shall, however, make all reasonable efforts to remove oreliminate such a cause of delay or default and shall, upon the cessation of the cause, diligentlypursue performance of its obligations under this Contract.

13. THIRD PARTY BENEFICIARY: The County and Contractor are the only parties to this Contractand are the only parties entitled to enforce its terms. Nothing in this Contract gives, is intended togive, or shall be construed to give or provide any benefit or right, whether directly, indirectly orotherwise, to third persons unless such third persons are individually identified by name hereinand expressly described as intended beneficiaries of the terms of this Contract.

14. WAIVER: No waiver of any provision of this Contract shall bind either party unless in writing andsigned by both parties. Such waiver, if made, shall be effective only in the specific instance andfor the specific purpose given. The failure of the County to enforce any provision of this Contractshall not constitute a waiver by the County of that or any other provision.

15. SEVERABILITY: If any term or provision of this Contract is declared by a court of competentjurisdiction to be illegal or in conflict with any law, the validity of the remaining terms andprovisions shall not be affected, and the rights and obligations of the parties shall be construed

and enforced as if the Contract did not contain the particular term or provision held to be invalid.

16. ASSIGNMENT: Contractor shall not assign or transfer any interest in this Contract without the


County's prior written consent. The provisions of this Contract shall be binding upon and shallinure to the benefit of any successors and permitted assigns.

17. FURTHER ASSURANCES: The parties agree to promptly execute and deliver any such furtherinstruments and to perform any such further acts as may be required to carry out the intent andpurpose of this Contract.

18. NOTICES: Any notice required by this Contract must be given in writing by personal delivery orby certified mail return receipt requested to the following addresses. Any notice so mailed shallbe deemed to be given three( 3) days after mailing. Any notice by personal delivery shall bedeemed to be given when actually delivered.

To Contractor: To County:

Southern Oregon Small Diameter Collaborative, dba Josephine CountySouthern Oregon Forest Restoration Collaborative Emergency Services Manager13401 Highway 66 500 NW 6 Street Dept. 6

Ashland, OR 97520 Grants Pass, OR 97526

19. AMENDMENT: This Contract may be amended or modified at any time upon the writtenagreement of both parties, signed and executed in the same manner as below.

20. ENTIRE CONTRACT: This Contract for Personal Services and the attached Exhibit" A"

constitute the entire agreement between the parties. There are no other understandings,

agreements, or representations, oral or written, regarding this Contract.

CONTRACTOR JOSEPHINE COUNTY

SOUTHERN OREGON SMALL DIAMETER BOARD OF COMMISSIONERS

COLLABO' A IVE, dba SOUTHERN OREGONFOREST - 441 ORATION COLLABORATIVE

By:

Georg McKinley, Executive Director

Date: h, ( , t. f , L./

l,` ;,;1 . „- 1 " t > L7' 1i/;,;))- 1

Ermergency Ser yes Manager ) Data

Title III Coordinator Date

1

Reviewed as toJ

County Leal Counsel


Exhibit A

Scope of Work

Josephine County Fire Plan Development


Description of Contractor' s Services and Delivery Schedule:

Prepare for completion of the CWPP rewrite and submit for approval.

Scope: Facilitate completion of a 5- year update of the Josephine County Integrated Fire PlanJoCIFP) that will be approved by the Executive Committee ( Josephine County Emergency

Management Board) and appropriate signatories ( adopted by Board of CountyCommissioners). The Plan will be consistent with the Healthy Forest Restoration Act,Community Wildfire Project Plan Guide, the three goals of the National Wildfire CohesiveStrategy ( fire response, fire adapted communities and fire resilient forests), and aligns with the

Western Regional Action Plan Strategy.

The project will be completed by the contractor and advisors under the review of the JosephineCounty Project Manager during the contract period( October, 2014 to June 30, 2015).

Core dependencies: The schedule benchmarks described below plan for an June 2015completion, however, completion of this project is dependent upon other projects not

directly under the control of this project. The risk assessment and strategy is planned tobe a joint effort with Rogue Basin scale project funding by an Oregon Department ofForestry Technical Assistance and Science Support grant. Completion of the BLMWestern Oregon Resource Management Plan scheduled for the Fall 2015 may affectproject prescriptions required to be part of the update by federal agencies, as wellproject priorities. An update to this process will be provided by contractor. Finally,developing a collaboratively developed list of priorities for creating fire resilient forestmay take additional time to reach consensus. The extended contract time period isincluded to account for these core dependencies.

Project goals include:

Risk Assessment: Support development of Rogue Basin risk assessment, strategy and

optimization through technical support, providing data, participation in variousworkshops to provide Josephine County input and feedback. Generate maps anddocuments that identify high risk areas, prioritize their treatment, and create a plan andschedule for county and federal response for the JoCIFP.

Collaboration: Facilitate a vetting process of the plan update widely with partners,committees and subcommittees, stakeholders, and communities to meet the HFRArequirement for collaboration.

Complete Fire Plan: Compile and update the current draft plan with the assessment and

fire resilient forest strategy into a final Josephine County Integrated Fire Plan forsignature and distribution.

EXHIBIT A, SCOPE OF WORK- 1

Exhibit" A"

Page 1

Exhibit A

Scope of Work


Project Description

Coordinate the further development and 5- year update of the Josephine County Integrated FirePlan ( JoCIFP), utilizing direction from the County Project Manager, Executive Committee, andSub-committees.

An update of the existing JoCIFP was begun in fall of 2012. As fire plan partners look ahead

to the next five years, there is strong interest in adopting a broader approach to wildfireprotection that includes the entire landscape throughout the county by increasing active forestmanagement to restore and maintain fire resilient forests. This project will provide coordination

of an update the Josephine County Integrated Fire Plan so that it addresses the three goals ofthe National Wildfire Cohesive Strategy ( fire response, fire adapted communities and fireresilient forests), and most importantly, better serves Josephine County communities.

Project funding will be used to collaboratively complete an updated risk assessment andstrategy, vet the draft plan widely with partners, stakeholders, and communities to meet theHealthy Forest Restoration Act ( HFRA) requirement for collaboration, and assure Federalinteraction and signing of the plan.

This project will meet the criteria for a CWPP. It is an update of an existing CWPP thataddresses National Forest, O& C, BLM and Forest Service lands and other Federal, State,County, municipal, tribal or private lands, all within the same fire shed. Forest Service andBLM personnel are both involved in this planning. The work will be accomplished bymonitoring and updating an existing community wildfire protection plan.

The fire plan update is within the context of the collaborative agreements and guidance

established by the Wildland Fire Leadership Council and agreed to by the applicable localgovernments, local fire department, and State agency responsible for forest management, inconsultation with interested parties and the federal land management agencies managing land inthe vicinity of the at-risk community.

The update is needed to identify and prioritize areas for hazardous fuel reduction treatments andrecommend the types and methods of treatment on Federal and non-Federal land that will

protect all at- risk communities and essential infrastructure in Josephine County

The update will provide actions designed to create Fire Adapted Communities and will include

recommended measures to reduce structural ignitability throughout the at-risk community.

Task 1: Risk Assessment

Support development of a Rogue Basin Assessment, strategy, and optimization throughtechnical support, providing data, participation in various workshops to provide Josephine

County input and feedback. Generate maps and documents that identify high risk areas,


Exhibit" A"

Page 2

Exhibit A

Scope of Work


prioritize their treatment, and create a plan and schedule for county and federal response forthe JoCIFP.

Deliverables:

a. Provide support to for utilizing fire models to generate burn probabilities and fireintensities for treatment scenarios

b. Provide existing data from JoCIFP and West Wide Wildfire Risk Assessments

c. Review and update Josephine County WUI boundary as appropriate

d. Determine fire effects

i. Participate in a workshop to determine values-at-risk to be assessed

ii. Provide value- at-risk data as needed

iii. Participate in workshops to evaluate, identify and assess fire effectschanges in value) of values- at- risk using burn intensity

iv. Support calculation of fire effects for current and post treatment conditions

for scenarios

a. Provide support for determining level of opportunities based on constraints, accessand economic viability, predicted treatment cost, cost recovery( timberbyproducts), fire suppression cost, avoided post-fire remediation cost, and

long-term maintenance costs.

b. Support summarizing fire effects and opportunities

c. Support prioritization of landscapes/watersheds using multi-criteria byfacilitating/leading workshops to set goals and priorities

d. Generate electronic maps and documents that identify high risk areas, prioritize theirtreatment, and creates a plan and schedule for county and federal response to beincluded as a component of the JoCIFP

e. Identify spatially explicit strategies to promote resilient forests consistent withCohesive Strategy goals will be incorporated.

Task 2: Collaboration

Facilitate a vetting process of the plan update widely with partners, stakeholders, andcommunities to meet the HFRA requirement for collaboration.

Deliverables:


Exhibit" A"

Page 3

Exhibit A

Scope of Work


a. Participate in a risk work group to guide determining values at risk, treatmentprescriptions and scenarios, and assess fire effects and changes in value based upon

burn intensity

b. Attend fire plan committee meetings for the purpose of providing updates on the

progress of developing the risk assessment and seeking input

c. Present interim fire plan and risk assessment results and fire resilient forest strategy

to key stakeholders and interested parties and seek input to inform final assessment

Task 3: Complete Fire Plan

Compile and update the current draft plan with the assessment and fire resilient forest

strategy into a fmal Josephine County Integrated Fire Plan for signature and distribution.

Deliverables:

a. Compile and update the current draft plan with the assessment and fire resilient

forest strategy into a final Josephine County Integrated Fire Plan for signature anddistribution.

b. Provide electronic versions of the plan in Word and Acrobat format for printing,

posting, and distribution.

Schedule Benchmarks

October 2014- January 2015Support setup and calibration of fire modeling data

Establish risk assessment workgroup members to represent JoCIFP

Initial vetting of current fire plan and action items( not risk and strategy)

Determine scenarios, prescriptions, and complete fire modeling

Participate in workshops to determine values-at-risk to be assessed, scenarios,

prescriptions

Provide value- at-risk data as needed

Review/update draft WUI

Calculate and summarize 1st draft results

Review of interim results

January 2015— March 2015:

Final model runs, summarizing, and mapping

Optimize and generate treatment priorities and plan of work

Incorporate into final draft JoCIFP

April 2015


Exhibit" A"

Page 4

Exhibit A

Scope of Work


Collaborative review of JoCIFP

June 2015

Sign JoCIFP

Subcontractors

The contractor has no employees.

Qualifications of Contractors:

Applicant/contractor: George McKinley( Executive Director, Southern Oregon ForestRestoration Collaborative, a 501c3) brings a private landowner and small mill operator

perspective to the work of the Collaborative. He has been a forest contractor, project facilitatorand has worked with the Collaborative' s technical team to advance strategies to promote forestresilience in the Rogue Basin.

Advisor: Neil Benson— retired USFS fire prevention officer and contact for news media. Neil

has been the advisor consultant with Mr. Wolf for the Implementation Coordination for the

Josephine County Integrated Fire Plan and Josephine-Jackson Local Coordination Group in2007 until present. He has extensive experience in development of Josephine County Fire Plan

and coordinating public and agency management and prevention efforts.Advisor: Jim Wolf- Retired ODF; previous Josephine County Integrated Fire Plan lead.Advisor: Ed Reilly- retired USFS/BLM planner. Ed is a GIS and planning expert.Advisor: Gwyn Meyer- project coordinator with Southern Oregon Forest RestorationCollaborative.

Budget: @$ 75.00 per hour

Total Project Budget: $50,000. ( proposed)

Contractor: George McKinleyExecutive tor, Southern Oregon Forest Restoration Collaborative

Signature:

Date: October 10, 2014


Exhibit" A"

Page 5

u

Tj

M: -;47,Y 1(

Josephine County Board of Commissioners1

AGENDA REQUEST FOR BOARD OF COMMISSIONERSAaenda Reauests are due by NOON on Monday of the week scheduled for Administration Workshop

Requests received after that time will be placed on the Administration Workshop agenda for the following weekIf sending documents electronically- send to both

Iuinndco.ioseohhine.or.us and Imcelmunv( co.iosephine.or us t.

REVISED NOVEMBER 2014

I Date Submitted to BCC 1 01/ 16/ 2015

I Administration Workshop Meeting Date( Thursday) 1 0112212015

I WBS Meeting Date( Wednesday) Note: Second Wednesday of the month is evening session IAGENDA TITLE: Request for Position ChangeDepartment/Contact Person( Include Title and Ext.# 1 I JJ Scofield HR Director 5216Presenter( Include Name and Title) I JJ Scofield HR Director

Background information The Assessors office would like to change the 1. 0 FTE DataGatherer position to a 1. 0 Administrative Specialist position

I Action you are requesting from the Board I Approve the suggested changes

IReviewed by Finance Director( If yes, Finance's signature required) I YReviewed by Legal Counsel( If yes, Legal's signature required) N

Total Revenue, Cost, or Pass-Thru Funds to the County I none

I Notes or Special Instructions to BCC Staff

Title of Document(s) Number of Are all signatures on Are additional Will a state or Will additional signatures

Submitted original the documents? YIN signatures needed? federal agency be be received electronically?

All exhibits must be documents or BCC only YIN signing the YIN

clearly marked submitted document? YIN

Policy manual draft I 1 I N I Y I N I N

I I I I IDOCUMENT DISTRIBUTION: Board staff is required to submit one fully executed document with original Board signatures forrecording in the Board's Journal in the County Clerk' s Office unless otherwise specified under Notes or Special Instructions toBCC Staff.

All Signatures: If all signatures are obtained, one fully executed original document will be filed in the Board' s Journal in the CountyClerk' s Office and all other originals will be returned to the contact person. If only one original was submitted, an electronic copy will bereturned to the contact person.

Additional Signatures Needed on Original Documents: Board staff will retain one document with original Board signatures andreturn the additional originals to the contact person to obtain the remaining signature(s). Upon department receipt of the fully executeddocument, one fully executed original document must be returned to Board staff for recording in the Board' s Journal in the CountyClerk's Office.

Additional Signatures Needed on Electronic Documents,:Board staff will retain one document with original Board signatures and1

return an electronic copy to the contact person to obtain the remaining signature(s). Upon department receipt of the fully executedelectronic document, one fully executed electronic document must be returned to Board staff for recording in the Board' s Journal in the j

County Clerk's Office.

JOSEPHINE COUNTY POSITION REQUISITION FORM

To be used for REFILLING, ADDING,& CHANGING A POSITION OR FTE LEVEL. The recruitment process cannot begin until this

form has been completed, submitted to the Human Resources Office, and all the necessary approvals have been obtained.

Div/ Prog/ Office#: 10- 1010 Div/ Prog/ Office: Assessor's Office

Effective Date: 211/ 15 Date Submitted: 119/ 15 14Effective date cannot be prior to final approval)

1. Action: JAN Z` i Y-PiRefill vacated position Employee who vacated: MAP-1H,

Position Title: Date Vacated: I HUMAN,

Status: Regular FT( 100%FTE) Regular PT( % FTE) Fill- in( 0% FTE)

Temporary County Employee ( Date: From to

Add Position

Position title: Salary grade: Position Description attached)


Temporary County Employee ( Date: From to

Replace existing classification: Current position title:

Proposed position title: Proposed salary grade:


Is this an existing classification? YES NO ( If NO, Position Description attached).

The requested classification is: Higher or Lower

Changing FTE level: Position Title: Data Gatherer

Current FTE level: 1. 0 % FTE level requesting: 0.70 %

Changing current Position Description (title, minimum qualifications, classification)

Current title: Data Gatherer

New title: Department Specialist Position Description attached)

Additional explanation( if necessary):

2. Salary information:

Pay Grade: A10 Rate of Pay: $ 13.06 Monthly( full-time) El Hourly( part-time)3. Revenue source for position: 0 General Fund Grant Other( describe)

Budget Authority coding: ( 1) 10- 1010 100 % ( 2)

3) 4)

4. If this requisition adjusts a current employee, give name of employee:

5. Work schedule: TBD A.M. to TBD P. M. Days Off: TBD6. Representation: ® AFSCME FOPPO SEIU SA NONE( Non- Union)

APPROVAL SIGNATURES: BOARD OF COMMISSIONER APPROVALS:

Depa•Clez t£ G-. v date /( g1 I date

HR Director 9 ea-xZs date Va/ 19 date

Finance Director date 1I( Vk date

Revised 7/2014 Reviewed by HR( Int)

The Josephine County Assessor' s Office is proposing to take an existing Department Specialist positionfrom 0.70 FTE to 1. 0 FTE and change our existing Data Gatherer position from 1.0 to 0. 70 FTEDepartment Specialist effective February 1, 2015.

Two things came to light in a recent management meeting:

1. The 0.70 FE has a sizable workload and has very little to no time to assist other DepartmentSpecialists in scanning our property records. Our office is approximately 70% complete in our

scanning of property records and we would like to scan the remaining 13, 000 sooner to free upspace in our office, provide better customer service and increase staff efficiency.

yk2. The appraisal staff spends an inordinate amount of time processing permits, drawing sketches,

reviewing plans, processing photographs and basic data entry work. By shifting this work to aDepartment Specialist, the appraisal staff can spend more time in the field accomplishing the

goal of maintaining inspections but also shift the clerical work from appraisers to a moreappropriate position. This position will be supervised by the Chief Appraiser and will work

alongside appraisal staff.

Both positions are A10 pay grade; the existing Department Specialist is at Step 12 and the currentlyvacant Data Gatherer position would likely be filled at Step 1. Below are my estimated annual costs andcomparisons of our current structure versus our proposed one.

Current Proposed Difference rr

Dent. Specialist 0.70 to 1.0 FE 542.600 560.858 518,258

Data Gatherer 1. 0 FE to 0.70 Dept. Specialist 545. 890 527,333 S18. 557

Total 88,490 88,191 299

fi

ffi

RECOVED

JAN 0` i L0 15

JOSEPHINE COUN1 Y

HUMAN RESOURCES

1/ 9/ 15 Chris Parton

1:\. 1411ithill1111. j_

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTYSTATE OF OREGON

I

t

In the Matter of Appointments to the

Josephine County Fair Board RESOLUTION 2015-003

1

attention of the Board of County Commissioners that thereWHEREAS, it has come to the a y

are vacancies on the Josephine County Fair Board;

WHEREAS, it is both proper and necessary that the Board of County Commissioners fill saidvacancies by making appointments as provided herein; j

NOW, THEREFORE, IT IS HEREBY RESOLVED, that the following persons be appointed to jsaid Josephine County Fair Board; with terms as hereinafter set forth. 11

Linda Friebus

Mark Gatlin

Appointed to 3-year terms: 01/ 28/ 15 through 01/ 01/ 18

DONE and DATED this 28th day of January 2015

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

K. O. Heck, Chair

Cherry) Walker, Vice Chair

Simon G. Hare, Commissioner

Josephine County Board ofCommissioners WBS (Paperless).pdf · 1/28/2015 · article 16- personnel...

Documents

Transcript of Josephine County Board ofCommissioners WBS (Paperless).pdf · 1/28/2015 · article 16- personnel...