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SAN JUAN COUNTY COMMISSION MEETING MINUTES OCTOBER 21, 1985

The San Juan County Commission met in regular session on October 21, 1985 at the hour of 10 a.m. at the San Juan County Courthouse, Monticello, Utah.

The following members were present: Commissioner Calvin Black, Chairman

Commissioner Kenneth Bailey Commissioner Jerry Holliday

Minutes of the October 15, 1985 meeting were approved on the motion of Commissioner Holliday. The motion was seconded by Commissioner Bailey. UNANIMOUS.

RECREATION - County-Wide Director

Mr. Eddie Allred, San Juan County-Wide Recreation Director, met with the Commission regarding office space and a vehicle for the newly created County Recreation Department. Commissioner Holliday said there is office space available at the Blanding City Offices, and Commissioner Bailey said there is a possibility the pickup Jim Heaton of the Weed and Rodent Department was using is now available. Mr. Allred will check with Leona Markoseck at the Road Department or Jim Heaton regarding the pickup. After some discussion, it was felt if Mr. Allred could locate office space in Monticello, he should do so. Mr. Allred, with the assistance of Rick Bailey, will check into the possibilities of the Monticello City Offices, the Monticello Library and the Road Department.

ELECTED OFFICIALS MEETING

The following elected officials met with the Commission for their regular monthly meeting.

Rigby Wright - County Sheriff

Barbara Montella - County Assessor

Mary Lou Mosher - County Recorder

Bruce Halliday - County Attorney

Gail Johnson - County Clerk/Auditor

Marian Bayles - County Treasurer

Rigby Wright, County Sheriff, reported on a recent drug bust. He said with the hunting season, there has been increased activity in his department and, therefore, he has not been able to get the information on his department's vehicles but will have it by next week.

Mary Lou Mosher, County Recorder, reported on a recent vacancy in her office. She has started receiving applications for the position of deputy recorder. The Commission questioned if the position needed to be filled, and she said she needs a minimum of two deputy in her office.

Barbara Montella, County Assessor, said she is still checking on small computers and indicated the Assessor in Garfield County has one they are happy with. Mrs. Montella will attend a demonstration on that computer. The Commissioners suggested she take John Fellmeth, County Data Processing Manager, to the demonstration with her.

There were no other reports from the elected officials.

The Commission discussed the Affirmative Action with the elected officials and reviewed the recommended changes. The policy, with the changes, reads:

EQUAL EMPLOYMENT OPPORTUNITY STATEMENT

Section 1

It is the fundamental policy of San Juan County to provide equal opportunity to all its em-ployees and applicants for employment and to assure that there will be no discrimination against any person on grounds of race, color, religion, national origin, or sex. This obligation extends to all areas of employment, including, but not limited to, recruitment, demotion, terminations, working conditions, training, awards, and benefits.

AFFIRMATIVE ACTION OFFICER

Section 2

By action of San Juan County, Rick M. Bailey shall represent the County in acting on its behalf as the Affirmative Action Officer and shall be responsible for implementing the San Juan County Affirmative Action Plan.

As the Affirmative Action Officer, Mr. Bailey shall be responsible for the following functions:

2.1 Coordination and implementation of all aspects of the Affirmative Action Plan.

2.2 Design and implement a data collection system to identify problem areas, set goals and timetables, and develop programs to achieve these goals.

2.3 Design, implement, and monitor internal audit and reporting systems to measure program effectiveness.

2.4 Serve as liaison between programs, other governments, and the public, including minority and women's organizations and community groups, as they may relate to San Juan County activities.

2.5 Keep abreast of and disseminate current information, as it applies to Affirmative Action, to responsible officials.

2.6 Receive and investigate complaints of discrimination.

2.7 Provide technical assistance to staff concerning their responsibilities.

2.8 Cause records to be kept of all EEO activities.

2.9 Meet regularly with the County Commission.

DISSEMINATION OF EEP POLICY STATEMENT

Section 3

The EEO/APP Policy Statement shall be disseminated as follows:

3.1 To all staff in written form. All new employees shall receive a copy of the EEO Policy Statement, along with the personnel policy. Periodic meetings with staff will be held to

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discuss the policy and any changes or amendments thereto.

3.2 The Affirmative Action Plan and Statement shall be posted in a conspicuous location (foyer) of the San Juan County Courthouse in Monticello, Utah.

3.3 All employment notices shall include the phrase "An Equal Opportunity Employer."

3.4 The AAP/EEO shall be available for review upon request.

RECRUITMENT PROCEDURES

Section 4

4.1 It shall be the general policy of San Juan County that all positions for employment will be announced publicly through local newspaper advertisement and/or radio, posting, and notification given to Job Service. 4.1.a. Position of advertisement shall ensure that all segments of the population are

reached. 4.1.b. Whenever possible, direct recruitment efforts to minority groups, women, and

other special groups shall be made. 4.I.e. Publicized job qualifications or standards will not unfairly eliminate members of

an affected class. 4.1.d. Department head will clear all prospective hirings with Commission before

advertising the position. 4.I.e. The department head will advertise each position opening for a minimum of two

weeks.

4.2. Applications from within San Juan County will be given first priority in the selection process. Position announcements shall be circulated and/or posted so that all employees are aware of new job openings.

4.3. All applications received for a job opening shall be screened by one member or representa-tive of the County Commission, and the direct supervisor of the department in which the opening has occurred.

4.4 The screening committee shall select not less than three applicants for personal inter-views. In the event less than three applications are received, all applicants shall be asked to personally interview with the screening committee.

4.5 Tests given applicants shall be designed to meet job requirements and to measure only those skills specifically related to the job. All tests shall be administered fairly and on an equitable basis.

4.6 Unsuccessful applicants shall be notified in writing of the position being filled.

4.7 The Department Heads shall notify the Commission of their hiring selection and their reasons for the selection.

GRIEVANCE PROCEDURE

Section 5

5.1 Employees who believe that they have been discriminated against may file with the AAO his/her complaint in writing. Such complaint shall include the employee's name, date and a detailed description of the incident, action, or other cause leading to the filing of a complaint and shall be submitted within five working days.

5.2 Upon receipt of the written complaint, the AAP shall, within forty-eight hours, meet with the aggrieved employee to counsel and seek informal resolution of the problem.

5.3 All meetings between the AAO and employees, called to discuss grievances, shall be held in private and shall be held in confidence, except that the employee may have legal counsel should he/she choose.

5.4 The AAO shall have the specific responsibility to ensure that employees filing discrimi-nation or other complaints are free from reprisal for registering said complaint. Any such reprisal upon the part of the supervisory person shall be grounds for disciplinary actions which may lead to suspension or termination.

5.5 Should the aggrieved employee not receive satisfaction resulting from the informal meeting with the AAO, he/she shall be informed of all alternatives available to appeal for a formal hearing.

5.6 The aggrieved employee may, after the informal counseling session, submit a written petition for formal hearing to the chief administrative officer, who shall within ten working days review the facts and render a decision. In the event the individual dis-agrees with the finding, the complaint shall be referred to the next level for review.

5.7 Within ten working days of receipt of the petition for formal hearing, a hearing will be scheduled with an Appeals Board, to consist of a AAO, one County Commission member, and a representative from Utah Job Service. Notification of the time, place and date of said meeting shall be registered and mailed to the aggrieved employee at least five days prior to the hearing date.

5.8 The complainant is afforded the opportunity to choose a representative and call witness to the hearing. The hearing shall be conducted by the representative from Utah Job Service. Minutes of the Appeals Board shall be kept by a stenographer approved by the AAO and the complainant.

5.9 The Appeals Board shall provide an impartial and full investigation of the charges and shall, within ten days, issue its findings, in writing, to the complaintant.

5.10 Should the complainant not be satisfied with the findings of the Appeals Board, he/she shall be appraised of his/her rights and procedures to appeal to the Judicial Court System.

5.11 The AAO shall cause a file of all complaints to be maintained, with a separate file for each complaint. All information shall be kept confidential.

ADOPTED this 21st day of October, 1985.

THE SAN JUAN COUNTY COMMISSION

Commissioner Calvin Black, Chairman

Commissioner Kenneth R. Bailey

Commissioner Jerry Holliday

Motion for the adoption of the Equal Employment Opportunity Statement as revised was made by Commissioner Bailey and seconded by Commissioner Holliday. UNANIMOUS.

AIRPORTS - Halls Crossing

Agreement; County Attorney Bruce Halliday will review the signed agreement between San Juan County and Creamer and Noble.

October 15, 1985 Meeting: Commissioner Black reported on a meeting he attended at Halls Crossing with representatives of Creamer and Noble, the FAA State of Aeronautics and Park Service. He said the firm of Creamer and Noble outlined the scope of proposed needs and work. They will have to investigate at least two other sites for the purpose of environmental assessment. The FAA was also representive and discussed

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the proposed length of the airport. The Park Service had earlier indicated only a 4500 ft airport would be permitted but have now agreed to a length suitable for safe operation of aircraft upto 12,500 pounds, which will necessitate the lentgh of around 6500 to 7000 feet. There was some discussion of the management of the airport facility, and Commissioner Black stated at the meeting that the County would run and operate the airport and select any fixed base operator. Commissioner Black said that if the county was sponsoring and obtaining the funding for the development of the airport, and the Park Service then takeover management, then it would be his recommendation the county abandon the project.

ROAD DEPARTMENT - Vehicle Servicing

Commissioner Bailey requested that Commissioner Black discuss with the Sheriff's Department the scheduling of vehicle servicing to be done at the County Road Department by the county mechanic. The Commissioners would like the service work to be done on the days off of the vehicle operators. Commissioner Bailey said he would like to schedule the other county vehicles around the Sheriff's vehicles.

LAW ENFORCEMENT - Sheriff's Office/County Personnel Policy

Commissioner Black will be meeting with the employees of the Sheriff's Department today at 1 p.m. to discuss the County Personnel Policy and the responsibilities of the Sheriff's Department.

LAW ENFORCEMENT - New San Juan County Jail House

Property Acquisition; Rick Bailey, Administrative Assistant, reported the County has made the four major land purchases for the new County Jail. He said the Historical Society in doing research found the Jensen Home is the first and oldest building in Monticello. However, because of the deterioration and danger of the building, there does not seem to be any anticipated problems in the property acquisition and razing of the building.

Demolition & Salvage of Buildings on Property: After some discussion, it was decided to wait on the Jensen property before advertising for salvage and demolition of the buildings located on the jail site properties.

Architect; Commissioner Bailey said he is satisfied with the firm of John Peterson and will review the suggested contract with the intention of possible hire.

Public Statement; The Commission made the following statement for the Press.

The County has applied for and received a Community Block Grant in the amount of $91,000 for the purchase of land for the proposed County Public Safety Building, which will house the county jail. The County has purchased the south portion of block 13 in Monticello for that purpose. The County will be hiring an architect to design the new Public Safety Building at an approxi-mate cost of 1 1/2 million dollars.

FEDERAL, STATE, AND REGIONAL AFFAIRS - Governor's Advisory Council

Commissioner Black reported that he sat in on the Governor's Advisory Session for Lee Semkin, Carbon County Commissioner. They reviewed the Reappraisal Programs. They had assigned Mike Christensen of the Budgeting Department for the State to do some research to develop the information where the tax increases and property tax through, not only the reappraisal program, but the increase the Legislature has passed on the Uniform School Fund, had actually benefitted the General Fund of the Legislature, and they are the entity that received the money. Mr. Christensen has discussed with Calvin Black the information he has obtained in this research which has verified the shift of the tax burden to local assessed property. Commissioner Black will be attending the Governor's Advisory Session this week regarding this information.

FIRE CONTROL - District Fire Warden Meets

Montezuma Creek Fire House - Electrical Wiring; John Baker, District Fire Warden, met with the commission regarding the electrical wiring proposals for the fire station in Montezuma Creek. Mr. Baker has asked for bids and received one back from Northern Electric. After reviewing the bid, motion was made by Commissioner Bailey for the acceptance of the bid from Northern Electric for the bid, part 2, for the wiring of the station. The motion was seconded by Commissioner Holliday. UNANIMOUS. Part 1 of the bid for the door openers was not approved.

Reported Fires: John Baker reported that he had only one fire in the last week. A snail child had set a mattress on fire with a cigarette lighter. A minimum amount of damage was reported with no personal injuries.

COUNTY COURTHOUSE - Telephone System

San Juan County Clerk/Auditor Gail Johnson and County Attorney Bruce Halliday met with the commission regarding the county's telephone system. After reviewing the county's contract with Maycom Telematics, he feels there are no grounds to file suit. However, at the Commission's request he will write a letter to Maycom requesting an extension of the warranty. Commissioner Bailey would like Gail Johnson to check with the manufacturer, Mitel, Inc., out of Florida, to see if we can purchase parts direct and, also, the names of other representatives in this area. Commissioner Bailey said he does not want to do business with Maycom after the warranty is up, which is the end of January, 1986.

COUNTY PERSONEL POLICY - Probationary Salary Increase

San Juan County Extension Service - Sheri Christensen; Sheri Christensen, secretary of the Extension Service, met with the commission protesting their decision denying her a probationary salary increase. After researching the commission minutes at her time of hire, motion to reverse last week's decision and grant her the probationary raise was made by Commissioner Bailey. The motion was seconded by Commis-sioner Holliday. UNANIMOUS.

TAXATION - Law Suits Against County

Bertha Rockwell, et al, vs. San Juan County (Civil No. 4826; A signed letter of indemnification was received by the Commission on the above case from the Commissioners and defendant parties.

Steven Benally, et al, vs. San Juan County, et al, (Civil No. 4827); A signed letter of indemnification was received by the Commission on the above case from the Commissioners and defendant parties.

Utah State Tax Commission vs. S&S Mining Co. et al, (Fed. No. C85-0482-J; State Ct. No. C85-1711; The Commission received a signed letter of indemnification on the above-entitled case.

The County Attorney prepared and mailed the following letter to the County insurance carrier;

October 18, 1985 Boyle Insurance Company FARM BUREAU INSURANCE COMPANY Monticello, Utah 84535

Dear Doug;

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TO WHOM IT MAY CONCERN;

Please find enclosed a copy of Complaint-Class Action and Summons in Civil No. 4826, 4827, and another action in the United State Court, State Ct. No. C85-1711, served upon the various Commissioners and elected officials on or about the 15th day of October, 1985.

Will you please advise at your earliest convenience as to coverage.

Very truly yours, Bruck K. Halliday SAN JUAN COUNTY ATTORNEY

JW

Enclosures: Copies of 3 complaints & summons

WEED, RODENT AND PEST CONTROL - Mosquito Problem in Bluff

Commissioner Holliday reported he has received a letter from Dr. Ralph Home of the Utah Extension Service

setting forth his recommendations for the control of the mosquito problem in Bluff. Dr. Home's estimated

cost of the control program is six to ten thousand dollars a year.

BILLS APPROVED FOR PAYMENT

United State Postmaster Box Rent Recreation 8.00

Better Books Company Supplies Library M 36.15

Kenneth R. Bailey Travel Expenses 5 Months 895.46

Richard M. Bailey Travel Expenses 57.81

Blue Cross-Blue Shield County Insurance 1,677.38

Ann Christensen Refund of Bail 27.00

Continental Tel Co. of the West Tele Charges Communication 144.14

L.N. Curtis and Sons Fire Ext. Fire Control Dept. 325.00

Dave Fullmer Herbicide Purchased 450.00

K. L. Gidcumb Herbicide Purchased 30.15

Hunt Communications Supplies Communications 163.41

International Business Machine Maintenance agreement 331.90

IMS Int. Mailing Systems Postage Meter Rental 78.00

Max Johnson Herbicide Purchased 150.00

Monticello Plumbing & Heating Courthouse Heating 11,824.05

Navajo Tribal Utility Auth Utilities Fire Control 7.50

Primo Perez Herbicide Purchased 114.53

The Reliable Corporation Supplies Commissioners 52.05

John Saltzman Firefighter 7.00

San Juan County Supplies Fire Control 311.68

San Juan County Assessor Petty Cash 103.06

San Juan County Hospital Meals Senior Citizens 828.00

San Juan Health Care Services Capital Request 5,831.55

Jack M. Semadeni Herbicide Purchased 84.38

William Semadeni Herbicide Purchased 61.88

Shirley Steffen Travel Expenses 127.61

Twelth Circuit Court Robert Maryboy/DWR63025 80.00

U.S. Park Service Quads Maps Clerks Office 102.50

Utah Power & Light Company Utilities Montx. Creek 303.06

Utah State Library Supplies Library Blanding 24.25

Utah State Retirement Fund Makeup Cont/J. Mortensen 394.33

Ernest R. Waller Herbicide Purchased 30.15

ADJOURNED

There being no further business, the meeting adjourned at 4 p.m.

Calvin Black, Chairman Karen Halls, Deputy Clerk