july, 2009 - league of oregon cities

J U LY 2 0 0 9

IN THIS ISSUE

Register for Conference Today

Scholarships Available

One Councilor’s Experience

Tour and Speaker Info

CONFERENCE84th Annual

Why You Can’t Why You Can’t Aff ord to Miss It!Aff ord to Miss It!

Doubletree Lloyd Center - Portland

A Publication of the League of Oregon Cities

LOCAL FOCUSLOCAL FOCUSLEAGUEOregonof

C I T I E S

“Getting it done for Oregon’s cities!”

The League would like to acknowledge the following organizations for their continued support of cities through their participation in the Annual Sponsorship program. Over the years, the generous contributions of our sponsors have helped the League achieve its goal

to provide high-quality service programs to its member cities.On behalf of the 242 incorporated cities in Oregon, the League thanks

the following sponsors for their participation:

Anderson Perry & Associates AssetWorks Bac-Gen TechnologiesBeery, Elsner and Hammond, LLP Bank of America Cable Huston Benedict

Haagenson & LloydCampbell DeLong Resources, Inc.Caryn Tilton ConsultingCascade Recreation Compview

Comcast Energy Trust of Oregon Harrang Long Gary Rudnick PC HDR Engineering, Inc.ICMA Retirement Corp. Johnson Controls Jordan Schrader

Ramis PCK&L Gates Kittleson & AssociatesMersereau & Shannon

MINETNational Purchasing PartnersOrrick, Herrington and

Sutcliffe LLP Pacifi c Power Regence Blue Cross Blue Shield of

Oregon Seattle-Northwest Securities Corp. Talbot Korvola & WarwickUnion Pacifi c Railroad Wedbush Morgan Securities

The Building Dept. LLC Bullard Smith Jernstedt WilsonCarothers, Bornefeld & Associates DocuSourceEmergency Services ConsultingEnerspect Medical SolutionsFCS Group General Pacifi c Holophane Lighting Jeannette M Launer, Attorney LB Hayhurst & Associates Local Government Personnel

Institute

The Luke Center McKinstryMorgan CPS Murray, Smith & AssociatesNationwide Retirement SolutionsNorthwest Playground Northwest Recreation Offi ceScape, Inc.Oregon Association of Water

Utilities Oregon Corrections Enterprises PACE Engineers Portland General Electric

Rainbow Park & Playground Co. Rodda Paint

Safe Sidewalks, LLCSiegel Planning SiteLines Park and Playground Staples Business Advantage United Pipe & Supply US Bank – Government BankingUSTI VPCIW&H Pacifi cWaste Management of Oregon

Gold Level

Silver Level

ON THE COVER

8 Why this year its more important than ever that your city attend LOC’s Annual Conference

FEATURES

14 YOUR POWERS AND LIMITS AS A CITY COUNCILOR

16 IS YOUR CITY’S TECHNOLOGY SECURE?

20 SPILLING THE BEANS ABOUT EXECUTIVE SESSIONS

Local Focus is published monthly by: League of Oregon Cities P.O. Box 928 • Salem, Oregon 97308 (503) 588-6550 • Fax: (503) 399-4863 www.orcities.orgStaff: Kevin Toon, Editor • [email protected] Kim Bentley, Assistant Editor • [email protected] Julie Oke, Design and Production

Non-member subscription rate: $44 per year

Published articles and views expressed in Local Focus do not refl ect any direct or implied endorsement by the League of Oregon Cities unless specifi cally stated as such. Publi-cation of any advertisement should not be considered an endorsement of the product or service involved.

LOCAL FOCUSLOCAL FOCUS

DEPARTMENTSAt the League

4 • New Interim Registry

6 • Apply for the LOC Board

6 • Nolte Retires

5 From the Executive Director

22 City News

24 Legal Briefs

25 Jobs

LOCAL FOCUS 3JULY 2009

J U LY 2 0 0 9

In an effort to assist cities, the League has maintained a list of individuals interested in serving as an interim city

manager. Now, LOC is taking that service to the next level.

The League has created a new online registry that allows potential applicants to post their resumé information for upper management city positions. City officials looking to fill vacant positions on a temporary basis can also search the registry’s list of potential candidates.

The positions included on the registry are:

• City Manager/Administrator

• Finance Director

• Public Works Director

• Planning/Community Development Director

• City Recorder

The registry will be accessible from the LOC Web site under the Jobs/Interims button on the left hand side of the League’s home page: www.orcities.org.

Inclusion of a posting by any individual is for the informa-tion and convenience of the members of the League of Or-egon Cities (LOC). It does not constitute an endorsement or recommendation by the League. The individuals posting these listings are solely responsible for content and accuracy. There has been no screening by LOC or the Oregon City/ County Management Association (OCCMA) of the per-sons listed or the information posted. LOC and OCCMA recommend that prospective employers fully interview and screen interim candidates prior to their hiring.

LOC Rolls Out New Interim Registry

4 JULY 2009 WWW.ORCITIES.ORG

AT AT THE THE LEAGUEEAGUE

FROM THE EXECUTIVE DIRECTORFROM THE EXECUTIVE DIRECTOR Mike McCauley Mike McCauley

Doing the Right Thing: City Mayors and Council Members

In recent columns, I have written about “doing the right thing” as defined in CIS’ new recognition program

as “doing the right thing at the right time for the right reasons.” This definition applies to so many dedicated city mayors and city councilors, almost all of whom serve without any compensation or receive only a modest stipend to offset costs. A cursory survey through Google of the words “volunteer,” “city council/mayor,” and “Oregon” returns example after example of profiles of local officials volunteering their time on city councils, planning commissions, and countless local organizations and activities.

Articles also highlight leadership and giving to others with examples such as mayors in Jackson County forming Mayors United to raise funds for a food shelf pantry; the Beaverton mayor and council completing a community garden; Portland’s mayor and commissioners volunteering at the Oregon Food Bank; a Salem City Council member honored as a Governor’s Volunteer Award recipient; a Bend councilor donating his monthly stipend to the Shriners and to the disaster relief fund for victims of Hurricane Katrina; Newberg councilors donating bottles of wine for a charity auction; two Falls City councilors donating the necessary items for a fire department barbecue; an Irrigon councilor donating 12 helmets for the city skate park; and a Halsey councilor donating a doll for a fundraiser.

These are efforts beyond the daily giving to their communities through service on councils, boards, and commissions during a time of great fiscal challenge. Mayors and council members are people doing the right thing to stay the course with their service when the decisions made are becoming more difficult as programs and personnel retrench in response to the recession. These are not “fun” times to be at the helm of city government. Yet more than 1,000 citizens continue to serve through this crisis as mayors and city council members, making their cities and Oregon a better place by doing the right thing.

1000 SW Broadway, Suite 1800Portland, OR 97205

503.275.8300

www.seattlenorthwest.com

Bond UnderwritingCapital Planning Services

Financial Advisory ServicesFixed Income Sales & Trading

SEATTLE-NORTHWEST SECURITIES CORPORATION

COMMITTED TONORTHWEST COMMUNITIESFOR MORE THAN 38 YEARS

NEED FUNDING TO IMPROVEYOUR FACILITIES?

member FINRA & SIPC


Cities: be sure to check the Federal Economic Stimulus Package Resources page on the League’s Web site

today. Visit this page often in order to avoid missing another update from a state department or federal agency regarding how and when to apply for funding opportunities under the American Recovery and Reinvestment Act of 2009 (ARRA). Nearly every day the state or federal government releases new or updated information regarding ARRA funding opportunities. The League provides this information to its members in the Stimulus Highlights box on the ARRA page of our Web site.

In addition to checking the Web page, cities should be sure to have a copy of the latest version of the League’s City Funding Book, which is also available on the League’s ARRA Web page. The date on which a page in the book was last updated is reflected in the lower right corner. The League’s Web site is www.orcities.org.

Finally, be sure to also check for funding opportunities on www.grants.gov. This Web site posts information related to all federal grant funding opportunities and can be searched for ARRA specific opportunities. As explained in previous Local Focus and LOC Bulletin articles as well as in the League’s City Funding Book, many of these grant programs require pre-registration. Cities that have not already done so and that plan to apply for grants directly from the federal government should register as soon as possible. More information on how to register is available in the beginning of the City Funding Book.

Federal Stimulus Update LOC’s Paul Nolte Retires

Paul Nolte joined LOC in 2005 as special counsel,

providing assistance to cities through its Legal Services Program. Mr. Nolte has become well known around the state for his sound advice, quick wit, and training expertise. He has helped hundreds of city officials with general government questions and

coordinated with city attorneys around the state.

Nolte plans to continue working with LOC through the Oregon Local Leadership Institute training programs but will turn over the role of answering legal inquires to Chad Jacobs, LOC’s new general counsel. His future plans include enjoying the beautiful scenery at his riverside home near Roseburg, and spending time with his wife Jodi.

We wish you well, Paul – we’ll miss you.

SPECIALISTS IN CLASSIFICATION, JOB EVALUATION

AND COMPENSATION

800 Fifth Avenue, #101-252 Seattle, Washington 981041-888-522-7772 • Fax: 480-970-6019

www.compensationconsulting.com

Staff members in various major cities

Call for Applications: LOC Board of Directors

There will be four open positions on the League’s Board of Directors beginning January 1, 2010, three

of which will be filled by elected officials. If you serve in an elected or city management position in an Oregon city and are interested in being considered for the LOC Board, more information and an application form are provided on the League’s Web site (www.orcities.org) on the Board of Directors page (under “About Us”). Applications are due Friday, August 28.


Our training season has ended (normally runs October through June). However, we are looking

forward to some great additions and changes coming next year. Please keep an eye on our Web site for some great training opportunities and programs.

Some of these exciting opportunities:

• Local Government Management Certification Program

• Training to Go (customized, on-site training)• Self-paced and/or webinar trainings• And much more…

2009-10 topics include:• Community/Media Relations• Delivering Police and Fire Services: Options and

Keys to Management Oversight• Economic Development• Emergency Management and Preparedness• Governing 101 • Government Ethics in Oregon – webinar• Grant Writing• Land Use Planning Basics• Leading in Turbulent Times – part 1 (2 days)• Local Government Budgeting• Managing Construction Contracts• Managing Consultants• Managing Local Government Services and Utilities• Managing Scope, Schedule & Budget• Managing Risk and Liability in the Public Sector• Movin’ on Up – Marketing Yourself for the Next

Level of Management• Negotiation Skills• Oregon Public Contracting/Purchasing Laws• Public Records Retention Requirements• Strategic Planning/Goal Setting• Supervision Skills Series – part 1 (2 days)• The Effective Local Government Manager (includes

ICMA Ethics)• Urban Renewal

LOC’s Oregon Local Leadership Institute (O.L.L.I.)

Small Cities Support Network

Looking for a place where your small city can share successfully implemented projects and learn new

ways to overcome challenges? Then be sure to attend the next quarterly meeting in your region! Share, learn, and grow with input from your peers and special guests. These events not only help you invest in the future of your small city, they provide LOC with insight into current regional events and help us better address the needs of small cities.

For the latest meeting details, please visit www.orcities.org/smallcities.

For more information: Contact Mandy Allen, Small Cities Support Network Coordinator, at [email protected] or 503-588-6550.

Schedule of Upcoming MeetingsTime: 11:00 a.m. to 1:00 p.m.

Region 1: August 28 - Rockaway BeachRegion 2: September 9 - LafayetteRegion 3: August 14 - Harrisburg Region 4: August 4 - BandonRegion 5: September 10 - Myrtle CreekRegion 6: September 17 - Maupin Region 7: July 22 - Boardman Region 8: July 23 - Richland


It’s always exciting when the League’s Annual Conference, the largest municipal gathering in the state each year, returns

to the largest city in Oregon. Despite the struggling economy, city leaders should circle October 1-3 on their calendars and make sure they participate in this invaluable three-day oppor-tunity for professional growth, policy making, and networking. The 84th Annual LOC Conference is the one event your city can’t afford to miss!

The LOC conference will be hosted on the east side of the Wil-lamette River this year at the Doubletree Lloyd Center Hotel, which is nestled into some of Portland’s most historic neighbor-hoods, but also situated right on the MAX line for easy transit to the waterfront and downtown. I encourage you to make your hotel reservations today.

As usual, one of the biggest challenges for attending city officials will be deciding just which events to attend—the

conference committee has worked hard to put together a great program, offering city officials both educational and policy de-velopment opportunities. Meanwhile, our host city and many of their suburban neighbors have organized the popular mobile tours of the many wonderful municipal projects in the Portland area.

So mark your calendar today and join your fellow city officials in October! You’ll find the LOC conference delivers an experi-ence that is unsurpassed for city officials in Oregon.

Shirley KalkhovenLOC PresidentMayor, Nehalem

Register Today and Make Your Reservations


84th Annual ConferenceOctober 1-3, 2009

Doubletree Lloyd Center, Portland

The registration brochure has been mailed to city officials and includes details about this year’s program, speak-

ers, lodging and tours. You may also register online at www.orcities.org—click the Conference button on the main menu. We hope to see many of you in Portland in October.

Online Registration


84th Annual Conference

DISCOVER successful innovations of six city gov-ernments by attending one of the Portland Metro Tours.

GAIN insights at our vendor trade show (Thursday & Friday) on new products and services that can help your city.

ENJOY the always-festive atmosphere of Thursday night’s Welcome Reception.

LISTEN and DANCE to the musical talents of DESIGN.

GATHER with your peers in a workshop specific to your city position to learn new skills and timely updates.

MEET on Friday with representatives of state agen-cies such as ODOT or OLCC and with staff from the offices of U.S. Senators Wyden and Merkley.

PARTICIPATE in the Annual Membership Meeting during the Saturday Breakfast.

ENJOY the wisdom and humor of keynote speakers Matt Jones and Robin Crow.

LEARN from the experts at Friday and Saturday’s concurrent sessions on topics such as economic development; green infrastructure; the Recovery Act; and alternate revenue sources.

CONNECT with colleagues from other cities and share ideas and perspectives on city government.

COME JOIN US AT THE DOUBLETREE LLOYD CENTER – PORTLAND!

10 Reasons Why City Offi cials Should Attend the LOC Conference

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LOC CONFERENCE SCHOLARSHIPS AVAILABLE

The League of Oregon Cities Foundation is offering scholarships to help city officials attend the 2009

LOC Conference in Portland. Officials may apply for a full ($300) or partial ($150) scholarship this year in order to stretch funds as far as possible. In these difficult economic times, scholarships are even more important to ensure cities do not miss the annual conference. For this reason, the LOC Foundation is trying to fund as many scholarships as possible this year.

Deadline:

Please submit your application request to Jennie Messmer, LOC Member Services Director, by 5:00 p.m., Tuesday, September 1, 2009.

On the Web: Scholarship application materials and information can be found on the LOC Web site (www.orcities.org) on the Conference page.



The LOC Annual Confer-ence each year is an event

I look forward to with anticipa-tion. It is always valuable to learn about issues, best prac-tices, and how to solve local problems with the perspective of hundreds of councilors, mayors, and city staff who can see the big picture and present fresh ideas.

I began attending the League of Oregon Cities annual meetings with my father, Fred, in 1956. My father was Eugene Chamber of Commerce Man-ager, and he regularly attended League meetings in Eugene and Portland. He introduced me to Herman Kehrli at one of my first League meetings, and Herman really stimulated my interest in public service. When I was first elected to the Pendleton City Council in 1978, all the excitement of the annual meeting came back to me, and I’ve been attending the meetings ever since.

Prior to last year’s event in Salem, the League asked me to chronicle a daily log of some experiences I enjoyed at the conference—I hope you find this helpful.

Thursday, October 2: I boarded a bus for a tour of three small cities near Salem—Independence, Dallas, and Mon-mouth—to learn about their successes and challenges. May-ors and city managers from these areas provided fascinating insights to the story of their municipalities.

Thursday afternoon: It was interesting to note that this year’s hospitality suites were provided by several cities, and all the suites ended with the numeral 5—235, 335, 435, and 535. Good food, adult beverages, and good conversation were had at all stops. I was particularly impressed with talk of city volunteers who all give time, effort, and commit-ment to several city activities. What would we do without volunteers?

Thursday evening: Visiting the vendor displays and eating good food, and meeting old friends—a great way to spend an evening.

Friday, 11:15 a.m.: The opening session is always impres-sive. The rousing South Salem High School band really got the blood going. The remarks by the governor, particularly about timber county payments being passed by Congress, brought strong appreciation from everyone present. Sena-tor Ron Wyden spoke and conveyed a sense of hopefulness about the financial future of the nation.

Friday, 2:15 p.m.: I was mightily impressed with the presentation about cultivating the next generation of city leaders. To watch sincere young people talking about their commitment to their cities and the energy they bring to solv-ing problems was inspiring.

Friday, 4:00 p.m.: “Role of the Planning Commission in Land Use”—this was my first experience at moderating a session. With the kind help of Silverton Mayor Ken Hec-tor, the session went very smoothly and offered some real insights into the workings of a planning commission. Of special concern were hazards and pitfalls to avoid.

Friday evening: A delightful dinner hosted by the city of Pendleton, but including councilors and mayors from La Grande, Baker, Warrenton, and at least one League staff member. Good fellowships and insights into problem solving.

Saturday, 10:45 a.m.: Speaker Jon Zeliff really talked and walked the subject of ethics. He gave a spellbinding pre-sentation about integrity, and ways to prevent “tight spots” during an individual’s public service.

Saturday, noon: What can anyone say about (keynote speaker) Lowell Catlett? He makes you laugh, even as you realize the breadth of the truth he is presenting.

Saturday, 2:15 p.m.: Since I manage a volunteer program, I was particularly interested in the concept of utilizing volun-teers within a city structure. It is obvious to me that no city, large or small, could exist without the thousands of hours given by volunteers.

Saturday, 6:00 p.m.: The awards banquet is the final event of the League conference. It is thrilling to see the winners of the Richards and Kehrli awards, and to realize and reflect on the outstanding work done by the recipients. The food was particularly good, the venue was fine, and good companion-ships brought the conference to a satisfactory end. Now I can catch up on some sleep.

The opportunity to attend this conference is part of the ser-vices provided to cities through membership in the League. It is an outstanding event that brings together hundreds of folks who care about cities in Oregon and are very willing to share their stories and insights. I look forward to seeing you this year in Portland.

A Fun Learning Experience for a City CouncilorBy Pendleton City Councilor John Brenne, LOC Board Member

CALL FOR ENTRIES2009 Awards Program Info Online

To view submission guidelines for the League’s annual awards program, along with the latest on the 84th An-

nual Conference, check out the conference page on the LOC Web site (www.orcities.org).


2:15 p.m. – 3:45 p.m. Concurrent Sessions:

Cool Tools for Decision Making Reality Show: Life on the City Council (repeated) Certifiably Green Economic Development for a Healthy Community


Building Community Leaders from the Ground Up Reality Show: Life on the City Council (repeat) The American Recovery Act: Past, Present & Future Innovations for Green Infrastructure

5:35 p.m. – 6:30 p.m. CIS Reception and Safety Awards

Dinner on your own

Saturday, October 3

7:30 a.m. – 5:00 p.m. Conference Registration

8:00 a.m. – 10:30 a.m. Breakfast & Membership Meeting

10:00 a.m. – 2:30 p.m. Staff Offices for U.S. Senators

10:45 a.m. – 12:15 p.m. Concurrent Sessions:

Media Relations: Hands-on Training Emergency Preparedness and Community Team Building (repeated) Labor Relations in Challenging Times Resources for Alternative Revenue (repeated) Preservation Green: Restore, Renovate, Revitalize

12:30 p.m. – 2:00 p.m. Awards Luncheon with Keynote Speaker Robin Crow


Emergency Preparedness and Community Team Building (repeat) Cool Decision Tools in Action Resources for Alternative Revenue (repeat) It’s Not Easy Being Green (repeat)

4:00 p.m. – 5:30 p.m. Small Cities Reception

6:30 p.m. – 10:00 p.m. Awards Banquet with Entertainment

Thursday, October 1


8:45 a.m. – 11:45 a.m. Managers Workshop

9:30 a.m. – 11:30 a.m. Councilors Workshop

9:30 a.m. – 12:00 p.m. Mayors Workshop

12:30 p.m. – 4:00 p.m. Portland Metro Tours

1:00 p.m. – 3:00 p.m. Councilors Workshop (repeat)

1:00 p.m. – 3:00 p.m. OCPDA Business Meeting

1:00 p.m. – 3:00 p.m. AORA Business Meeting

4:30 p.m. – 5:30 p.m. OCCMA Business Meeting

4:30 p.m. – 6:00 p.m. OMA Business Meeting

6:00 p.m. – 8:30 p.m. Welcome Reception & Trade Show

8:30 p.m. – 10:00 p.m. LOC Board Reception

Friday, October 2


7:00 a.m. – 8:45 a.m. Nominating Committee Meeting

8:00 a.m. – 9:00 a.m. Breakfast and Trade Show

8:30 a.m. – 10:00 a.m. State Agency Directors

9:00 a.m. – 10:30 a.m. Opening Ceremonies with Keynote Speaker Matt Jones

9:00 a.m. – 5:00 p.m. Attorneys Legal Issues Workshop

10:00 a.m. – 4:00 p.m. Staff Offices for U.S. Senators

10:45 a.m. – 12:15 p.m. Concurrent Sessions:

It’s Not Easy Being Green (repeated)

Community Wellness in Tough Times The Next Generation: Growing Future Leaders

12:30 p.m. – 2:00 p.m. Lunch with Trade Show

PRELIMINARY PROGRAMA conference planning committee of 22 LOC members has developed the 2009 program. Program “tracks” are designed to guide attendees to sessions that best fit their interests.

Putting Green in Government Leadership & Communications The Economic CrisisConference Tracks:

On the Web: Visit www.orcities.org for program updates.




FEATURED SPEAKERS

DONNA ZAJONC“Broadening Your Political Perspective”Thursday Councilors Workshop 9:30 a.m. & 1:00 p.m.

Donna Zajonc is a national speaker and author of the book The Politics of Hope:

Reviving the Dream Democracy. She is a political organizer in the arena of non-partisan public leadership education and community building. Research indicates that 95 percent of our thinking and actions are spent looking for ways to prove what we already believe. As a result, when we lead in the midst of complex challenges, our ability to see new, bigger and different viewpoints is limited. This seminar will help attendees learn how to stretch their thinking, listen for new possibilities, and broaden perspectives. This is the secret to creative and in-novative leadership!

FELICIA LOGAN“Put Me In, Coach”Thursday Managers Workshop 8:45 a.m.

Felicia Logan is the Director of Leader-ship Development at the International City/County Management Association

(ICMA) in Washington, DC. As ICMA University’s Team Leader, she provides leadership and management develop-ment activities for ICMA members, including the Voluntary Credentialing Program. Workshop attendees will learn to utilize coaching skills to improve employee performance and enhance organizational effectiveness.

JAN CAROTHERS“Leadership: Emotional Skills for Turbulent Times”Thursday Mayors Workshop 9:30 a.m.

As president of a Northwest consulting firm, Jan Carothers trains and facilitates

team building, planning, and decision making events. During unsettling times a mayor has both the responsibility and great opportunity to be an emotionally resilient leader. Extraordinary times require exceptional communication skills to help mayors partner with staff and councilors, engage them in mutual vision, and help communities make tough deci-sions. This workshop will provide emotional approaches and communication tools to help others take risks, make changes, and reach essential goals, while helping mayors keep their own leadership torch burning brightly.

MATT JONES“Life’s a Marathon – How to Stay Motivated in Challenging Times”Friday Keynote Opening Ceremonies 9:00 a.m.

Matt Jones is a professional speaker, a three-time cancer conqueror, and the

author of three books. He was diagnosed with cancer in 2002, and doctors gave him little hope after the disease spread to his brain. Against all odds, Jones recovered and went on to complete the San Diego Rock N’ Roll marathon after re-learning how to walk. Through Mr. Jones’s story, at-tendees will learn strategies to turn the challenges they face as elected and appointed leaders into opportunities and be inspired to excel to new heights of excellence.

ROBIN CROW“Rock Solid Leadership”Saturday Keynote Luncheon12:30 p.m.

Robin Crow is a speaker, author, entre-preneur and one of the most innovative guitarists in the world. With more than

2,000 presentations to his name, his expertise on leadership and customer service comes from 30 hard-won years in the trenches as an entrepreneur. For the past 13 years, his com-pany, Dark Horse Recording, has set the gold standard for customer service and excellence in the recording industry, and is home to artists such as Faith Hill, Neil Diamond and Jewel. Crow’s books include Jump and the Net Will Appear, The Power of an Idea, and his latest, Rock Solid Leadership.

Early Bird Discount

The League is offering a discounted rate of $265 (regular price $295) as an early bird special to our

members who register for the LOC conference before July 22. This is the same rate as that given to first-time attendees. We hope this one-time early bird special rate will make it possible for more of our members to attend our 84th Annual Conference, taking place October 1-3 in Portland.



BIKES AND INFILL DEVELOPMENT

A bicycle tour of bicycle facilities and recent infill devel-opment in nearby North Portland, one of the city’s most dynamic examples of the continuing evolution of an urban neighborhood. This tour highlights the role of bicycling as a key component in the city’s transportation system. (Tour A: Portland Bikes and Infill Development)

MULTI-USE PARK SPACES

A visit to three Portland downtown-area park developments: an area of Waterfront Park at Ankeny, Director Park, and Elizabeth Caruthers Park. The tour, which includes a tram ride, will highlight the complexities and opportunities of designing and re-designing urban park spaces in highly dense areas. (Tour B: Portland Multi-Use Park Spaces)

PORTLAND’S GREEN INFRASTRUCTURE

Portland has become a national leader in the arena of green roofs, green streets, and other green infrastructure. This tour will highlight these facilities with a discussion of the mone-tary, environmental, and aesthetic benefits they add to quality of life for Portlanders. (Tour C: Portland Green Infrastructure)

GRESHAM GREEN CITY TOUR

Highlights include: the Gresham Center for the Arts Plaza, a state-of-the-art rain garden facility, the Columbia Slough Regional Water Quality facility, and the American Honda facility, the first LEED gold mixed-use industrial building in the country. (Tour D: Gresham Green City Tour)

OPPORTUNITIES AVAILABLE WHEN WE WORK TOGETHER

A visit to Happy Valley’s new city hall and new park and school sites. These sites were created through a partnership between the city of Happy Valley, school district, and parks department. (Tour E: Happy Valley Opportunities When Work Together)

PLANNING A CITY FROM SCRATCH

Visit the unique areas of Damascus, one of Oregon’s newest cit-ies, and learn what it takes to create a new city from planning to completion. (Tour F: Damascus Planning a City from Scratch)

PORTLAND METRO TOURS

Conference delegates can participate in one of several metro tours in Portland and neighboring cities on Thursday, October 1, from 12:30 p.m. until approximately 4:00 p.m. Boxed lunches and round-trip transportation will be provided. The cost of

each tour is $35. Visit www.orcities.org for full descriptions. Pre-registration is required for all tours.


TOOLS for the New City Counci lorNew City Counci lor

Oregon cities enjoy broad powers protected by the Oregon Constitution under the home rule provisions

enacted by initiative in 1906. These provisions prohibit the Legislature from amending or repealing city charters while granting to citizens the power to enact and amend their mu-nicipal charters “subject to the Constitution and criminal laws of the State of Oregon . . .” Oregon constitution art. XI, sec. 2.

Even without these constitutionally protected home rule powers, various Legislatures have granted to cities specific authority to acquire, manage, and dispose of property; employ persons; raise revenue through taxes, fees, service charges and assessments for public improvements; sell and purchase goods and services; and borrow money.

Cities also have the power to enact and enforce regulations that control the conduct of individuals—commonly referred to as police powers. While these powers exist as a result of statutes, most cities in Oregon have the power to perform these functions without the need for a legislative enumera-tion. Home rule powers enable the voters in each city to exercise broad discretion in deciding matters relating to the organization, powers, functions, and finances for their city. Reliance or dependence on the Legislature is not necessary.

The manner by which voters ensure the maximum discre-tion permitted under the constitution is the adoption of a charter granting authority to the city, generally through its council, to take any and all necessary actions to address op-portunities and issues within the city. As quoted above, this constitutional power is subject only to the constitution itself and state criminal laws. In addition, the courts have recog-nized that certain legislative enactments that are intended to preclude inconsistent local laws (preemption) can and do act as a limitation on city powers and authority.

All Powers ProvisionsFor several decades the League of Oregon Cities has devel-oped model charters for Oregon cities, the latest model in 2004. These models have emphasized the importance of citizens granting to themselves the broadest possible powers for their cities as permitted under the constitution. The “all powers” provision in the model preserves for cities and their citizens “all powers that the constitutions, statutes, and

common law of the United States and Oregon expressly or impliedly grant or allow the city, as fully as though this char-ter specifically enumerated each of those powers.” Most cities in Oregon have charters incorporating this provision, or one similar to it.

As noted above, however, the home rule powers of cities are not without its limitations. The constitutional author-ity granting to cities home rule powers prohibits cities from adopting laws in conflict with the constitution and criminal laws. In addition, the Legislature, or citizens through the initiative process, have preempted certain powers such as laws relating to public meetings and public records, elec-tions, ethics, public contracting, bonds, budgeting, land use planning, and collective bargaining.

Council Member as Legislator, Administrator and JudgeElected officials at the local level exercise the power and authority of cities through their legislative, administrative, and judicial functions. The combination of such roles—legislator, administrator, judge—is unique in that these roles cannot be combined at the state or federal level. The separation of powers concept at the federal and state levels prevent members of the three branches of government (executive, legislative, judicial) from serving in more than one branch.

Mayors and council members frequently, if not constantly, exercise all three powers. Elected officials at the local level make laws through the adoption of ordinances and there-fore perform a legislative function. They perform executive or administrative functions by controlling financing and the adoption of the budget, by employment of personnel, and by the appointments and oversight of committees. And they act in a judicial capacity, most often in land use, when they deliberate and consider land use actions. Separation of these powers is a constitutional requirement for federal and state governments, but not for local governments in Oregon.

Know Your Powers, Respect Your Limits As a City Council Member

By Paul Nolte

While it may seem that incorporating energy efficiency into a city’s daily operations is a relatively easy task,

the experience of many organizations has proven otherwise. Becoming proactive in energy efficiency requires a new column on the organizational chart, an understanding of technologies that managers may not be familiar with, and precious time to understand and plan for change.

To establish a road map to energy efficiency, organizations are turning to Energy Management Systems (EMS). An EMS walks an organization through the process of making a commitment to energy efficiency, establishing a team of employees to advance the cause, benchmarking of energy use, evaluating and implementing energy efficiency tech-nologies, and making efficiency considerations a continu-ous part of operations.

Three guides to establishing and using an EMS have re-cently been published.

• “A Management System for Energy (MSE) 2000” – created by the Georgia Institute of technology, this document serves as a basis for creation of a standard for Energy Management Systems, which would be finalized by the end of 2010.

• “Guidelines for Energy Management Overview” – an EMS guide posted on the U.S. EPA Web site.

• “Ensuring a Sustainable Future: An Energy Manage-ment Guidebook for Wastewater and Water Utilities” – an EMS dedicated to wastewater treatment plants, created by the EPA.

Many organizations find the structure of an EMS useful. All of these documents are similar in scope and objective and will help cities get organized and start making progress at reigning in energy costs, lowering greenhouse gas emis-sions, and improving the working environment in buildings.

Training Available to Assist CitiesThe Northwest Energy Efficiency Alliance is providing assistance to organizations that are committed to reducing energy use. Selected organizations will attend a series of workshops over the course of a year, participate in monthly webinars, and have monthly one-to-one conferences.

Upon completion, participants will finish the program with a “fully integrated energy management system that is com-pliant with ISO 50001.” The program is geared somewhat for water and wastewater treatment plants, but other facili-ties may be acceptable.

For more information, contact Dresden Skees-Gregory at (503) 645-1202.

On the Web: To view and download the EPA’s energy management documents, go to the following links:

“Guidelines for Energy Management Overview”: www.energystar.gov/index.cfm?c=guidelines.download_guidelines.

“Ensuring a Sustainable Future: An Energy Management Guidebook for Wastewater and Water Utilities”:www.epa.gov/waterinfrastructure/pdfs/guidebook_si_energy-management.pdf

Energy Management Systems: A New Tool in Energy Efficiency

Representative LOCAP Rates as of Mid-Month

June-08 Sept-08 Dec-08 Mar-09 June-09

Maturity Rate Rate Rate Rate Rate

1-year 3.22 % 3.05 % 2.60 % 2.50 % 2.00 %

5-year 4.85 4.50 4.50 3.45 3.70

10-year 5.45 5.20 5.55 4.50 4.80

15-year 5.80 5.65 6.15 5.50 5.40

20-year 6.10 5.90 6.45 5.95 5.85

League of Oregon Cities Capital Access Program (LOCAP) Rates



Most often, it’s a well-qualified individual (a chief information officer or CIO, information technology

director or computer manager) that is hired to take care of a city’s computer needs. That way, councils don’t need to think about it. But it’s still a council’s responsibility to make sure the CIO or technology director is doing the job properly. Here are six computer security questions to ask of this person. These questions are not technically complex, but if the answers are full of acronyms and technical jargon, say, “Start over again, this time in English.”

1. Does our city have a complete and up-to- date inventory of hardware and software?How will the city or the police department or your insur-ance carrier document a loss if something turns up missing or damaged in a fire? How will you know the value of what is suddenly gone? Computers today can have CD writers, DVD players and extra memory that affect their value. Software inventories also can help document that city staff is not illegally pirating software or downloading software from the Internet.

2. Give me a one-minute summary of our city’s protection against virus attacks.All computers (desktops, laptops, and servers) should have virus detection software running at all times. The virus definition files should be updated every day. Cities should have policies that prohibit downloading programs or data from the Internet without approval from the IT department. And staff should know that viruses are spread primarily by e-mail attachments, so they should never open attachments that have .exe, .com, .bat, .pif, .zip or .scr extensions.

3. Can hackers hurt us?The answer to this one should start with “Absolutely!” But firewalls prevent people outside of city hall from accessing the computers inside city hall. These days, firewalls are not optional. If a city doesn’t have a firewall in place, it should get one! Cities should also require staff to turn off their computers when they leave for the day. A computer left on is an open door to the city’s network data.

Smaller cities should consider having their Web site hosted by a third-party vendor. A city’s Web site is probably the

most vulnerable part of its network, and it is open to the outside world 24/7. Off-site hosting places the burden of repelling hackers on the vendor. For cost information, see question 6.

4. Is the city protected against a disgruntled employee?Insiders can do the most damage to a city’s computer sys-tems, either intentionally or inadvertently. The CIO’s an-swer should start with locked doors to the computer room, where the servers are always running. In addition, backups of all your data files should be run daily. That way, if data is damaged or deleted, you can recover to at least the close of the last business day. Weekly backups should be kept offsite to prevent the possibility of simultaneous damage to the computer and the backups.

COMPUTER SECURITY: Six Questions You Should Ask Your IT Department or CIO

By John Uribarri

(continued on next page)


5. What’s our protection against theft?While this is usually not a concern for computers in city hall, there may be remote sites where physical security is marginal. Computers can be attached to their desks with cables and locks (very secure and unobtrusive). They also can be located in locked cabinets so that only the monitor, keyboard, and mouse are out in the open. Make sure that hardware inventory (see question one) includes the serial number for each piece of computer hardware.

6. How much does all this security cost?If the city’s CIO or technology director asks for a budget adjustment to implement a reasonable security plan, the council may want to raise its collective eyebrow skeptically and ask some additional questions (Why aren’t these things already in place? Just exactly what is your plan in the case of disaster or sabotage?) While nothing is free, most of the items mentioned here are very reasonably priced. How-ever, in larger organizations, the equipment needed to help protect computer systems costs more.

The most expensive item on this list is the firewall. If access to the Internet is available from city hall, then the world has access to the city’s computers. A firewall stops unwanted intruders. A firewall can be embedded in the city’s existing systems inexpensively, or it can be a separate piece of equipment that costs $2,000 to $15,000 (or more for larger organizations).

Computer inventories can be free, if there is available staff time to compile them. More likely, though, cities can use software that will inventory both hardware and software at the same time. One such software package sells for less than $2,000; others can cost tens of thousands of dollars.

Virus protection is another item that, like the firewall, is not optional. There are several tiers of programs ranging from $14 per PC to hundreds of dollars per PC. Each tier offers more protection, but even the inexpensive options give very good protection.

Web site hosting takes the 24/7 uptime and hacker de-fense responsibilities off of city staff. Costs depend on the amount of information on your Web site. Small host sites can be leased for $200 to $400 a month.

Offsite backup storage can be as complex as a courier ser-vice that picks up data tapes every day or week and keeps them in an environmentally controlled fireproof location. Or, your city’s storage can be as simple as the CIO or tech-nology director taking the tapes home. Either way works, and one is free.

Cables and locks cost just a few dollars per PC. Remember, these are needed only where security is lax, such as at a

remote site or a location that has public access when staff is not present.

Assess Security Before a Crisis OccursInterviewing the CIO or technology director can take less than five minutes and leave a mayor or city councilor feel-ing confident that all is well. It’s always better to ask these questions before something bad happens. While smaller organizations may be new at computer security and larger ones have been doing it for years, all of these steps are es-sential for making sure the information assets of the agency are protected.

Editor’s Note: John Uribarri is a former information ser-vices manager (now retired) for Rancho Mirage, Calif., and a past board member of the Municipal Information Systems Association of California (MISAC).

On the Web: For more information about MISAC: www.misac.org.


City officials should be aware of several recent court deci-sions and rulemaking activities that affect employment.

Wages and HoursA revised employee meal and break rule (OAR 839-020-0050) promulgated by the Oregon Bureau of Labor and Industries (BOLI) went into effect on January 12, 2009. Employers must still provide a 30-minute, unpaid break for employees working longer than six hours. But now there are exceptions to the 30-minute rule, when employers can demonstrate the following:

1. Failure to provide a meal period was caused by unfore-seeable equipment failures, acts of nature, or other exceptional and unanticipated circumstances that only rarely and temporarily preclude the provision of a meal period;

2. Industry practice or custom has established a paid meal period of less than 30 minutes (but no less than 20 minutes) during which the employee is relieved of all duties; or

3. Providing a 30-minute, unpaid meal period where the employee is relieved of all duties would impose an undue hardship on the operation of the employer’s business.

“Undue hardship” is determined based on the size and finan-cial resources of the employer, who is available to relieve the employee during a meal break, and what the consequences of the break would be on production, an unusual workflow, or the health and safety of employees, patients, clients or the public.

The rule further stipulates that employers not providing the full 30-minute meal period must give employees adequate time to consume a meal, rest, and use the restroom and must pay for this time. This is in addition to all rest periods required for the number of hours worked on any given shift. In addition, the employer must give notice to each employee affected by the undue hardship provision on a form pre-scribed by the Bureau of Labor and Industries (BOLI) and maintain a record of that notice.

The rule was developed following the work of a labor-man-agement Meal and Rest Period Advisory Group.

WhisteblowingThe Oregon Court of Appeals’ March 4 decision in the case of Hall v. Douglas County serves to better define what consti-tutes “mismanagement” in ORS 659A.203, which prohibits public employers from retaliating against employees who report certain acts of wrongdoing.

The court found that the legislative intent was that the complaints under ORS 659A.203, “must involve more than mere routine complaints regarding a public employer’s poli-cies.” However, in the court’s view, the complaints of plain-tiff Hall potentially rose to a level that would undermine the county’s “ability to fulfill its public mission.”

According to the court’s decision, the plaintiff alleged that he was physically assaulted by a coworker on numerous

Employment Law Updates for CitiesBy Kirk Mylander



occasions over an extended period of time, that he reported the assaults to his supervisor, that the supervisor failed to take action to correct the situation, and that he eventually reported the supervisor’s response to the county’s human resources department. He also alleged that another super-visor created a sexually hostile work environment through his conduct at employee meetings and that plaintiff had reported that conduct.

“Those allegations do not merely concern workplace poli-cies or practices with which plaintiff disagreed. Rather, they involve the kind of conduct that a jury could reason-ably find would be of public concern and would have the potential to undermine defendant’s ability to fulfill its public mission,” the court said.

On the Web: www.publications.ojd.state.or.us/A131405.htm

At-Will EmploymentOn June 9, the U.S. Supreme Court found that public employees have protections from illegal and unjust person-nel actions, but the Equal Protection Clause isn’t necessar-ily one of them. The ruling came in the case of Engquist v. Oregon Department of Agriculture.

The plaintiff, a state employee, argued in court that she was laid off from her job due to discrimi nation on the basis of her race, sex, and na tional origin. She also argued for protection as a “class -of-one,” claiming that she was let go for “arbitrary, vindictive, and malicious reasons.”

At trial, a jury rejected claims of class discrimination based on her race, sex, and na tional origin. It found in favor of her class-of-one claim, however. The Ninth Circuit court of appeals disagreed, and the U.S. Supreme Court con-curred with the appeals court.

The Supreme Court came to the “common-sense realiza-tion that government offices could not function if every employment decision became a constitutional matter,” and that upholding the class-of-one premise in this case could ultimately invalidate the concept of at-will employment in the public sector.

On the Web: www.supremecourtus.gov/opinions/07pdf/07-474.pdf

www.boli.state.or.us/BOLI/Meal_and_Rest_Period_Rule_Overview_011209.pdf

Editor’s Note: Kirk Mylander has been a pre-loss attorney with City County Insurance Services since 2005.

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LEGAL QUESTION OF THE MONTH

What’s the Secret? Problems can occur when city officials spill the

beans about executive sessions By Chad Jacobs, LOC General Counsel

Oregon’s open meeting laws authorize city councils in certain limited situations to meet in executive

session, outside the scope of the public. Members of the media, constituents, staff, family, and friends often ask city officials what occurred at these “closed-door” meetings. City officials need to be careful how they respond to such questions as their answers might just get them into trouble.

As a general rule, nothing in Oregon’s open meeting laws specifically prohibits a city official from disclosing what is discussed in an executive session to individuals who were not in attendance at the closed-door meeting. Nonetheless, such disclosures can cause problems for both the city and the city official making the disclosure.

The first and possibly most troublesome problem that occurs when an official “spills the beans” is that such disclosures violate the trust and confidence of other city officials. This often results in a decrease in communication and cooperation between city officials as well as a decline in the ability of city officials to work together in the future to accomplish their goals on behalf of the city. The mistrust and ill feelings created by such disclosures often haunts the city for years to come.

Such disclosures also result in violating the public policy reasons created for executive sessions. Oregon’s open meeting laws recognize that there are strong public policy reasons why government bodies need to deliberate in executive session in order to protect the confidentiality of certain types of information. For example, public bodies may use an executive session to discuss real estate negotiation strategies (ORS 192.660(2)(e)). Forcing a public body to do this in an open session would not only hurt the government’s negotiating ability, but also end up resulting in a waste of public dollars.

Likewise, the open meeting laws permit a city council to use an executive session to consult with legal counsel concerning litigation issues (ORS 192.660(2)(h)). Disclosing the legal advice provided to the city by the city attorney to someone outside of an executive session creates the question of whether the city has waived the attorney-client privilege, which could result in having to share the city’s legal strategies with the very person suing the city.

Due to concerns such as these, the law permits public bodies to discuss certain information in a confidential setting. Public officials who reveal these discussions to the members of the public negate the public policy protections provided by Oregon’s open meeting laws.

Disclosure of information shared in an executive session may also create personal liability for the city official who made the disclosure. Many local jurisdictions have prohibitions against disclosing information discussed in executive session in council rules (e.g., city of Gresham, Council Rules sec. 11.2), in municipal codes (e.g., city of Roseburg municipal code sec. 2.34.020(5)), and in city charters (e.g., city of Reedsport, City Charter, Chapter VII, sec. 32). Violating these provisions could result in various penalties that range from a public censure by the council to possibly losing your office (pursuant to Reedsport’s Charter



provision). In addition, willful disclosure of information discussed in an executive session for the purposes of harming another or for the pecuniary gain of the public official could constitute official misconduct or violate the state’s ethics laws (ORS 162.415, 162.425 and 244.040(4)). Violating these laws could result in a public official losing his or her office and/or monetary fines.

Finally, disclosing certain types of information discussed in an executive session might result in a violation of an individual’s privacy rights. Such actions could give rise to monetary liability for both the individual making the disclosure as well as the city.

For these reasons, it is important for city officials to be cognizant of what they are saying about discussions held in executive sessions and to whom.

It is also important that city officials remember to follow proper procedures to ensure that they do not inadvertently permit the publication of confidential information by members of the media who attend executive sessions. Oregon’s open meeting laws permit members of the media to attend most executive sessions, subject to the understanding that the media representatives will not publish certain sensitive matters which are directed by the council not to be disclosed (ORS 192.660(4)). But members of the media have no obligation to refrain from disclosing information gathered in an executive session if the council fails to specify what information is not for publication. Likewise, city officials need to be careful to not fall into the trap of answering follow-up questions or requests for clarifications from members of the media outside an executive session. Once the executive session has ended, the media is no longer under an obligation not to publish any information you share with them.

Editor’s Note: The LOC Legal Services Program is not a substitute for local legal representation and is not intended to serve as a city’s legal counsel, but rather to provide informational, research, and inquiry services. Cities are encouraged to consult with their city attorney regarding legal issues.

Contact: Chad Jacobs, LOC General Counsel, at (503) 588-6550, (800) 452-0338 or [email protected]

CITY NEWSCITY NEWS



DRAIN – Wastewater Improvement Project

The city is nearing completion of a $1.5 million wastewater collection system improvement project. The city received a $1 million grant from the Oregon Economic & Com-munity Development Department and a $500,000 loan for engineering, construction, and administrative costs. Due to bidding in the off season, the project bid came in about 30 percent under an engineer’s estimate. As a result, the city elected to increase the scope of the project and replaced manholes instead of repairing them, and expanded the pipe lining portion.

“We estimate that 70 percent of our wastewater collection system will be either new or repaired,” said City Administra-tor Carl Patenode.

SILVERTON – Sidewalks Constructed and Repaired

Final assessments were made at the May city council meet-ing for the city’s sidewalk improvement, and the project has come in on time and on budget.

Last year, the city council voted to establish a Local Im-provement District (LID) to construct and repair sidewalks. The estimated $94,000 project involved 16 properties and formed continuous sidewalks where gaps existed. The cost was shared by the city and property owners. In most cases, the city paid for 50 percent of the sidewalk construction, making the average cost to property owners about $2,500 each. The project originally involved 23 properties, but it was scaled back to stay within the budget. The LID was formed to make improvements to various streets through-out the city including Church, B, C, Lone Oaks Loop, McClaine, Mill, Park, and N. Second. About 860 lineal feet of sidewalk was constructed, and sidewalk design was compliant with ADA requirements. Improving streets and sidewalks throughout the city met a recently stated council goal.

ELKTON – Park Dedicated to Longtime Mayor

The city held a town barbecue to install the sign for its new riverfront park, named in honor of Alfred Tyson who served as mayor for 24 years. Current Mayor Rebecca Swearingen and the entire council were on hand to answer questions about current and future city projects.

The park was funded through a number of resources: the Oregon State Marine Board contributed $172,500, while the Oregon State Parks & Recrecation Department con-tributed $102,200. Also, the Port of Umpqua contributed $6,000 and Reva Cunningham, who owned the property where the park now sits, made a $115,000 donation. The city purchased the property from Cunningham and paved the parking lot, installed picnic tables, and built the first and only public restroom in Elkton with all the contributed funds.

City Council President Rick Patsche said the park, which provides residents public access to the Umpqua River, is a fitting tribute to Tyson, a man who “had a vision” for bring-ing the small city into the 21st century.

“He had a dream and saw that it happened,” Patsche said, listing Elkton’s sewer plant and water plant among Tyson’s accomplishments.

Tyson, a gentle-spoken retired Episcopal priest, credited City Manager Linda Higgins for much of the transforma-tion. He also credited “very fine help” from city council members over the years.


ENTERPRISE – Playground Equipment Grant

Enterprise City Administrator Michelle Young announced at a recent city council meeting the receipt by the city of a $1,000 grant from Wal-Mart to complete the replacement of the playground equipment in the city park. Some of the equipment was no longer safe for children and had been removed from the park.

IMBLER – System Bonds Paid OffMayor Mike McLean announced in a letter to Imbler resi-dents that the bonds on the city water system have been paid in full, and that the city will now focus on building a fund to maintain and update its aging water system.

The 1987 water system was funded with bonds in the amount of $215,000. At the time, Imbler residents chose to pay the debt by means of user fees instead of creating a tax-based bond.

“Without the debt of the bonds, the city is now able to build the fund for maintenance and update,” said McLean.

The current monthly water rate for Imbler residents is $26 per 40,000 gallons of water. This fee has covered all obliga-tions for operating the water system as well as paying off the bonds. In addition, the city was advised to set a fraction of that user fee aside for the inevitable maintenance and up-dates of the water system. Consequently, a water system fund was created.

“Some years ago, the city auditor helped the city to begin set-ting aside a small portion of the monthly fee for the future,” said McLean. “In the present budget for fiscal year 2008-2009, the water system shows a balance of $35,000 in that future maintenance and update line item. This amount of money is well below the $100,000 minimum suggested by the city auditor about 10 years ago.”

Instead of requesting more money from residents, the city has opted to maintain its $26 monthly user fee and continue building the water system fund. This will allow the city to respond adequately to unforeseen maintenance needs and at the same time prepare for updates on the water system in the future.

ST. HELENS – Officers DecoratedSt. Helens Police Officers Alan Haebe and Ken Short have each received the Medal of Valor for rescuing a citizen when he was trapped inside his home during a fire. The medal is the highest honor the St. Helens police department affords its officers.

Short has been with the department since February 1999. Haebe has been a St. Helens police officer since 1979.

“Their heroism is extraordinary,” Police Chief Steve Sallee said.

Short and Haebe were the first to respond to the fire, arriving at 6:30 a.m. Without the resources of firefighters, Sallee said, they thought quickly and managed to keep the man safe until firefighters could arrive with the proper life-saving equip-ment.

Mayor Randy Peterson said it is always a pleasure to honor local law enforcement. “I want you guys to know that even when your efforts seem to go unnoticed, they are not unap-preciated,” he said.

DAMASCUS – Former Mayor Selected for Award

The Oregon Chapter of the American Planning Association (APA) selected the late Dee Wescott, former mayor of Damascus, for the Distinguished Leadership by an Elected Official award. The awards ceremony was held on June 5, 2009. Members of the Wescott family attended the ceremony to receive the award.

The award is based on the contribution of an elected official to the land use planning profession. Mayor Wescott was an involved citizen his entire life and, as the first mayor of Da-mascus, provided leadership for what was the first new city in more than 20 years in Oregon when it incorporated in 2004. Damascus Community Development Director Anita Yap nominated Wescott with the endorsement of many planning professionals that worked with him over the years. Here is an example of their statements of support:

“Dee continued to be a pivotal figure in helping the new city of Damascus to adjust to tremendous change. The ‘father of Damascus’ has earned our respect many times over, and the APA award would be very appropriate.”

Submitted by Anita Yap, Community Development Director

Got a city news story to share? E-mail your copy (500 words max.) detailing your city’s notable achievement ( i.e. a project, initiative, award, or individual honor) to [email protected].

LEGAL BRIEFSLEGAL BRIEFS


Discretionary Immunity and Local Government Budgeting Decisions

It is well established that government is shielded from liability for decisions that require an official to exercise

“discretion.” Although not every exercise of judgment will qualify, if the official has the authority to decide to act based upon an assessment of costs and benefits or may choose among competing priorities, such a decision will generally be immune from liability. This concept is known as “discretionary immunity.”

The issue of discretionary immunity was recently addressed by the Oregon Court of Appeals in the case of Timberlake v. Washington County. This case dealt with the question of whether discretionary immunity applies when a local government’s budgetary constraints drive policy decisions concerning road maintenance. The plaintiff argued that discretionary immunity does not apply to a county’s obligation to maintain its roads, and that in any event, a local government cannot avoid liability merely because of limited financial resources. Based on a significant body of precedent, the Court of Appeals disagreed. The court held that discretionary immunity can apply to a local government’s obligation to maintain its roads, and that scarce revenue for road maintenance can justify a policy decision about how to spend those resources.

The court noted that the Oregon Supreme Court has previously evaluated the meaning and application of ORS 30.265, which is the statute that defines an “exercise of discretion.” In essence, the Supreme Court has explained that a local government has discretion to choose how to

carry out a duty of care, but may not choose to not exercise that duty.

In this case, the Court of Appeals concluded that the county’s road maintenance policy, which allocated limited funds based upon a priority scheme and reserved some of those funds for emergencies, was an example of government choosing the manner in which it will carry out its duty to maintain roads. Simply because maintaining the road in question was not a priority for the county did not mean that the county had abrogated a duty to maintain it.

This is an excellent decision for cities, especially in these times of cash-strapped budgets. Cities are advised to establish similar policies and have those policies approved by councils, or at least have their council direct senior staff to establish a road maintenance policy. Such a policy may well assist a city in avoiding a costly trial if it were sued under similar facts as those present in this case.

The application for MCLE credit for the OCAA May 2009 conference has been returned from the OSB with 10.25 credits granted (8.25 General, 1.0 General and 1.0 General or Access to Justice).

Legal Briefs brought to you by the Oregon City Attorneys Association (OCAA), submitted by

David Doughman and Justin Hiatt.

Advertising RatesLOC Members (all categories): $20. Cost includes Web site posting.

Non-Members: $100. Additional $80 for Web site posting.

Ads in Local Focus are limited to 100 words. The full text of ads may be posted on the Web site. To include your ad in Local Focus, submit the ad by the 20th of the month preceding publication. Local Focus is mailed mid-month.

Submit ad copy to Kim Bentley by e-mail, [email protected] (preferred), or fax, (503) 399-4863. The editor reserves the right to edit and/or abbreviate ads. Questions? Contact Kim at the e-mail above or by phone at (503) 588-6550.

JOBSJOBS

BAKER CITY – City Manager. Pop. 10,120. Salary $90,000 - $100,000/yr. DOQ + benefits. Staff of 73; annual budget $17 mil. Full-service Eastern Oregon city noted for extensive downtown historic district. Bachelor’s degree or professional experience in public administration preferred. Private sector management experience a plus. Ability to promote stable economic development and coordinate com-munity planning for potential growth. Send resume, salary history and references to: Baker City City Manager Recruit-ment, PO Box 650, Baker City, OR 97814. Closing date: August 7, 2009.

BEND – Assistant Human Resources Manager. Pop. 80,995. Annual salary $55,000 - $75,000 + exc. benefit package incl. City-paid PERS. Performs professional level duties related to HR operations and assists HR Manager in overall management of department. Well-organized, confident team player with exc. communication skills. Preferred experience: public sector, unions, policy develop-ment, classification and compensation. Requires Bachelor’s degree and 5 full yrs. of exp. performing professional level HR duties as the primary responsibility. Equiv. combina-tion of education and experience considered. Applications accepted until noon on July 29, 2009. For application form and detailed information, visit: www.ci.bend.or.us.

PORTLAND – Government Relations Administrative Assistant. Pop. 575,930. Approximately $44,533 - $68,619. Closes August 3, 2009. Link to employment opportunities on their web site at: www.portlandonline.com/govtrelations.

REEDSPORT – Patrol Sergeant. Pop. 4,305. Salary range; $3,391 - $4,293 (under review). The Reedsport Police Department is accepting applications for a Patrol Ser-geant position. Applicant must meet minimum standards set by DPSST and must have previous law enforcement experience. Applicants that have prior supervision in law enforcement are desired. Contact Judy Macho, Adminis-trative Assistant at (541) 271-2100, or go online at www.reedsport.or.us. Position open until filled. EOE


Oregon City/County Management Assn. (OCCMA) Summer Conference July 7-9 – Mt. Bachelor Village, Bend

LOC Regional Meetings on City-State RelationsJuly 15 – Fairview & TigardJuly 16 – Corvallis & Keizer

OMA Summer Conference July 30 – August 1 – Pacifi c University, Forest Grove

Local Government Personnel Institute (LGPI) Annual ConferenceSeptember 9-10 – Salem Conference Center

International City/County Management Assn. (ICMA) Annual Conference (corrected date)September 10-16, Montreal, Quebec, Canada

Oregon Assn. of Municipal Recorders (OAMR) Fall AcademySeptember 16 – Valley River Inn, Eugene

OAMR Annual ConferenceSeptember 17-19 – Valley River Inn, Eugene

LOC Board MeetingSeptember 30 – Portland Doubletree Lloyd Center

LOC Annual Conference October 1-3 – Portland Doubletree Lloyd Center

Fall Pacifi c ProgramOctober 10-17 – Kah-Nee-Ta Resort

National League of Cities (NLC) Congress of Cities ConferenceNovember 10-14 – San Antonio, TX

LOC Board MeetingDecember 11 – LOC Offi ces, Salem

Upcoming Events

Visit the League’s Job Openings page on the LOC Web site (www.orcities.org) to view full ads.

City Events

Send your city event for this listing to Kim Bentley at [email protected].


JULY

11 Hermiston – Community Funfest (541-567-6151)

11 Sisters – Outdoor Quilt Show (www.sistersoutdoorquiltshow.org)

11 Wallowa – Oregon’s 150th on Wallowa Lake (www.oregonstateparks.org)

11-12 Hood River –Fruit Loop Cherry Celebration (www.hoodriverfruitloop.com)

12 The Dalles – Jammin’ July Street Fest (www.thedalleschamber.com)

16-19 Cottage Grove – Bohemia Mining Days (www.bohemiaminingdays.org)

17-18 Bend – Sagebrush Classic (www.sagebrush.org)

17-18 Gresham – Portland Highland Games (www.phga.org)

17-18 North Bend – July Jubilee (800-472-9176)

17-18 Sherwood – Robin Hood Festival (503-625-4233)

17-18 Sutherlin – Stampede Rodeo & Parade (541-459-6631)

17-19 Baker City – Miners Jubilee (www.visitbaker.com)

17-19 Coburg – Golden Year Festival (www.coburgoregon.org)

18 Brownsville – Citywide Garage Sale (www.historicbrownsville.com)

18 Sisters – Glory Daze Car Show ([email protected])

18 Sutherlin – City-Wide Garage Sale (541-459-0927)

18-19 Brookings – Southern Oregon Kite Festival (www.brookingsor.com)

21-25 Grants Pass – Back to the ‘50s (www.grantspasstowncenter.org)

22-25 Joseph – Chief Joseph Days Rodeo & Parade (541-432-1015)

23-26 Dallas – Summerfest (www.dallasoregon.org)

23-26 Portland – Oregon Brewers Festival (www.oregonbrewfest.com)

24-25 Baker City – Wings Over Baker (www.wingsoverbaker.com)

24-26 Estacada – Summer Celebration (www.estacadasummercelebration.org)

24-26 Tualatin – ArtSplash (www.ci.tualatin.or.us)

25 Coburg – Quilt Show (www.coburgoregon.org)

25 North Powder – Huckleberry Festival (800-848-9969)

25 Stayton – Santiam Summerfest Street Fair (503-769-3464)

31-8/2 Albany – Willamette River Festival (www.albanyvisitors.com)

31-8/2 Clatskanie – Bluegrass Festival (503-728-2502)

31-8/2 Sweet Home – Arts & Crafts Festival (541-367-8969)

AUGUST

Oregon Coast

1 Lincoln City – Sandcastle Contest (800-452-2151)

1 Tillamook – Tillamook Cheese 100th Anniversary Celebration (www.tillamookcheese.com)

1-2 Bandon – Second Annual “Windfest” (541-347-2437, x227)

8 Brookings – 2nd Saturday Art Walk (www.wildriverscoastart.com)

8 Dunes City – Festival of the Lakes (www.dunescity.com)

15 Lincoln City – Antique Car Show (541-994-2131)

15-16 Brookings – Festival of the Arts (www.artfestcoast.com)

15-16 Rockaway Beach – Arts & Crafts Festival (503-355-8108)

22-23 Coos Bay – Blackberry Arts Festival (www.oregonsadventurecoast.com)

28-30 Gold Beach – Annual Hospice/Rummage Market (www.goldbeach.org)

Portland Metro

7-8 Tualatin – Crawfish Festival (www.tualatincrawfishfestival.com)

7-9 North Plains – Elephant Garlic Festival (www.funstinks.com)

8-10 Portland – The Bite of Oregon (www.biteoforegon.com)

9 St. Helens – Riverside Arts & Eats Festival(www.travelcolumbiacounty.com)

14-16 Banks – BBQ & Tractor Pull (www.oregonbankschamber.org)

15 Clatskanie – Blues Festival (503-728-2502)

22 Gaston – Wapato Showdown (503-319-7061)

30 Oregon City – Open Air Antique Fair (www.oregoncity.org)

Mt. Hood & the Gorge

8-9 Dufur – Threshing Bee (541-467-2205)

8-9 The Dalles – Cruise the Gorge & Classic Car Show (www.thedalleschamber.com)

30 Sandy – Family Fun Day & Lions Chicken BBQ (503-668-6195)

Willamette Valley

1 Brownsville – Antique Faire (www.historicbrownsville.com)

1 Coburg – Car Classic (www.coburgoregon.org)

1 Wilsonville – Fun in the Park (www.funinthepark.com)

1-2 Sweet Home – Oregon Jamboree (www.oregonjamboree.com)


7-9 Wilsonville/Sherwood – Antiques & Art (503-625-6023, 682-1604)

9 Creswell – 100 Year Anniversary Celebration & Dedica-tion of New City Hall (541-895-2531)

15 Brownsville – Stand By Me Cruise-in & Sock Hop (www.historicbrownsville.com)

28-30 Albany – Wah Chang NW Art & Air Festival (www.albanyvisitors.com)

Southern Oregon

1 Jacksonville – Britt Music on the Corners (541-899-8118)

2 Lakeside – Bi-Plane Fly-In (541-271-0897)

8 Lakeside – Cardboard Boat Races (541-759-2321, 759-3687)

14-16 Sutherlin –Blackberry Festival (www.sutherlinbbfest.org)

15-16 Lakeside – Drag Boat Races/Brisket Cookoff (541-759-3687)

29 Klamath Falls – Klamath Blues Festival (www.klamathblues.org)

Central Oregon

1-2 Sisters – Summer Faire ([email protected])

8-9 Sisters – Bead Stampede ([email protected])

15 Sisters – Dog Days ([email protected])

Eastern Oregon

1 Prairie City – Classic Car Show & Huckleberry Festival (541-820-4369)

7-8 Union – Grassroots Festival (800-848-9969)

8 Joseph – Bronze, Blues & Brews (www.bronzebluesbrews.com)

13-15 Cove – Arts Festival, Cherry Fair & Quilt Show (800-848-9969)

14-16 Milton-Freewater – Muddy Frogwater Country Classic Festival (541-938-5563)

15 North Powder – Old Oregon Trail Car Show & Cruise (541-786-2086)

21-22 La Grande – Crossing the Blues Festival (www.crossingtheblues.com)

League of Oregon CitiesP.O. Box 928Salem, Oregon 97308

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“Getting it done for Oregon’s cities!”

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C I T I E S

2009 LOCBOARD OFDIRECTORS

PresidentShirley Kalkhoven, Mayor, NehalemVice PresidentJohn McArdle, Mayor, IndependenceTreasurerColleen Johnson, Mayor, La GrandeImmediate Past PresidentTom Hughes, Former Mayor, Hillsboro

John BrenneCouncilor, Pendleton

Bill CurrierMayor, Adair Village

Dale De LongMayor, Island City

Randy EalyAsst. to the Mayor, Beaverton

Gino GrimaldiCity Manager, Springfield

Dennis RossMayor, Maupin

Dan SaltzmanCommissioner, Portland

Rex StevensMayor, Winston

Carly StraussMayor, Turner

Janet TaylorMayor, Salem

Gary WilliamsMayor, Cottage Grove

Nolan YoungCity Manager, The Dalles

For mailing list changes, please e-mail [email protected].

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july, 2009 - league of oregon cities

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