Charter Ch. V ADMINISTRATION

CHAPTER V
ADMINISTRATION

Section 16. ADMINISTRATIVE RESPONSIBILITY.

The Board of County Commissioners is responsible to the people of the county for the proper administration of the affairs of the county. The Board itself may carry on and may delegate administrative functions consistent with this charter. The delegation of administrative functions that create a new office or function shall follow procedures as prescribed in Section 13, Ordinances.

Section 17. ADMINISTRATIVE PERSONNEL.

The Board of County Commissioners may appoint administrative and advisory personnel of the county to offices and positions established by the Board or pursuant to its authority.

Section 17.5. REVIEW OF COUNTY DEPARTMENT HEADS.

INTENT: The intent of this charter amendment is to guarantee the electors of Josephine County that the election of a County Commissioner or the selection thereof by other constitutional or charter provision, shall reflect the wishes of the electorate to the maximum possible degree. The Board shall retain the absolute authority to determine County government policy, procedure, and direction within the constitutional and statutory framework of the State of Oregon. This shall include the absolute right of review, determination and appointment, and approval and dismissal of department heads and exempt personnel as defined herein.

DEFINITIONS:

(1) BOARD: The Josephine County Board of Commissioners.

(2) INTENT: The reasons and purpose of this charter amendment.

(3) EXEMPT PERSONNEL: Those persons, including department heads, appointed by the Board to a specific management position, or a supervisory position, and whose salary and related benefits are determined by that Board and/or other body selected or appointed by that Board for the determination of proposed salary or benefit packages under the authority provided by the Oregon Constitution, applicable Oregon Statutes and this charter. Under the prescriptions of this authority and in compliance with any applicable United States Constitutional provisions or laws of the United States that preempt such state or local provisions, any such proposals, finally and irrevocably, shall require approval by a majority vote of the Board before they can be instituted. The personnel included in this definition are exempt from clauses of the state or national constitution or applicable state or national legislation regulating compensation negotiations between public sector employers and employees and either are not, or cannot be, directly represented by union organizations or union contract controlling such negotiations.

4. DEPARTMENT: A department of County government established under state constitutional mandate, statutory mandate, County charter mandate, or when applicable, at the discretion of the Board, in order to meet the requirements for effective operation of County government as determined by that Board or the prescribed mandates.

5. DEPARTMENT HEAD: Any exempt personnel selected and appointed by the Board, after a process of public announcement of such job opening, including a review of all applicants. The final choice in filling such a position (or in the case of review of existing exempt personnel, to determine whether to retain or dismiss the personnel involved) shall be decided by a majority vote of the Board. The newly selected applicant shall act as head of that specifically defined department of County government, subject to the authority and control, including the power of dismissal, of the Board. In the case of review of existing exempt personnel, the Board shall determine the appropriate action to be taken by majority vote.

Section 1. The authority defined under “Intent” of this amendment shall be accomplished as follows:

(a) As prescribed in the Oregon Constitution, pertinent Oregon Statues, and the provisions of this charter, the Board shall retain the absolute and irrevocable right of review, dismissal, and/or replacement over all exempt personnel and department heads. This authority shall extend to a review of all the activities occurring in the official conduct of the duties of such exempt personnel and department heads. Such review shall be held at the discretion of the Board except as specified in Section 1(b) of this amendment.

(b) The activities, proposals, programs, achievements, and qualifications of all those Board appointed personnel as specified in Section 1(a) of this amendment shall be examined by this Board regularly during the Josephine County budget sessions of the County Budget Committee. These exempt personnel and department heads shall also be reviewed upon any change in membership of the Board, whether by election, or special appointment, or any other means by which such change in Board membership might occur. Such determination shall not preclude the combining of departments, duties, or responsibilities associated therewith, nor the establishment of new departments, or the elimination of existing departments, or the appointment of new personnel as specified in Section 1(a) of this amendment, or the dismissal of exempt personnel specified therein.

(c) The new Board shall retain the authority to use this opportunity for review to establish any changes deemed necessary to carry out the mandate of the electors of the County. This Board authority may be accomplished by the Board through personnel replacement, reestablishment of departmental policy, revision of the system of operation of the departments through the creation of newly defined goals or procedures, or the elimination or addition of any department or exempt personnel as deemed necessary by that Board, through a majority vote. The purpose of such action shall be the meeting of the goals or purposes of County government within the constraints of the Constitution of the United States of America, the Oregon State Constitution, Oregon Statutory mandate and Josephine County Charter.

(d) No contract or other legal agreement shall be established between any branch of elected County government, or any elected official, the Board, or any other agent or agency of the Board or County government, and any exempt personnel or department head, if that contract or legal agreement could impede or abrogate, in any way, the intent of this amendment or any of the authority granted and secured to this Board by this amendment. Such action could interfere with the authority conferred by the people on this Board and interfere with the influence of the electorate in the establishment of direction within the County governmental process.

(e) No administrative order, policy, or other action by the Board or any agent, agency or employee thereof, or any elected official of this County, shall be made or established, that interferes in any way with the intent of this amendment.

If there is any conflict between this amendment and any other portion of this charter, that portion being most recent in approval by a vote of the people shall prevail.

SEVERABILITY: If a part of this amendment is invalid, all parts that are severable from the invalid part shall remain in effect. If a part of this amendment is invalid in one or more of its applications, that part remains in effect in all valid applications that are severable from the invalid applications. [Amended May, 1994]

Section 18. ADMINISTRATIVE STRUCTURE.

The structure of the administrative branch of the county government shall be prescribed consistently with this charter by the Board of County Commissioners or pursuant to its authority. Consistent with the provisions of this charter, the Board may establish, reorganize, unify, and abolish administrative departments and prescribe their functions and the functions of offices and positions within the departments.

Section 19. ELECTIVE ADMINISTRATIVE OFFICERS.

(1) The elective administrative officers of the county shall include, in addition to the three County Commissioners, the Sheriff, the Assessor, the Treasurer, the Clerk, the County Legal Counsel and the Surveyor. [Amended March, 1993]

(2) Unless expressly provided herein to the contrary, the regular term for all elected officers is four years.