Discussion regarding how to fill the sheriff’s position continued during the Harney County Court meeting on Oct. 2.

On Sept. 4, Harney County Sheriff Dave Ward presented a letter stating that his last day in office will be Jan. 2, 2020.

During the county court meeting on Sept. 18, Harney County Judge Pete Runnels shared his belief that, if the court appoints someone who is running for sheriff, some might perceive the appointment as an endorsement. After a lengthy discussion, the court agreed to advertise for an interim sheriff who doesn’t intend to run.

However, on Oct. 2, Harney County Commissioner Patty Dorroh provided a written statement, asking, “Isn’t the county court’s role to make the best, most appropriate appointment to vacated elected offices, and, if so, why narrow the pool with additional, nonstatutory requirements?”

She added that the county cannot enforce a stipulation that an appointee must acknowledge and affirm that they will not be a candidate in next year’s election.

“You can say, ‘We are looking for a candidate who is not interested in running again,’” Harney County Counsel Tim Colahan said. However, he added that, “If they choose to run, you can’t ‘unappoint’ them.”

Dorroh stated, “I support opening up the appointee applicant pool to any qualified individual, with no requirement that has anything to do with their future plans regarding running for office.”

She later made a motion to remove language from the advertisement regarding the applicant’s intent not to run for election and get the word out as soon as possible.

Harney County Commissioner Mark Owens seconded the motion. However, he noted that each member of the court can decide what criteria to use when making an appointment decision.

Runnels expressed concern that the language change will discourage applicants who are only interested in serving as an interim.

“We had two weeks to think about it. We had a public meeting. We discussed it. We made our decision. It was printed in the [Burns Times-Herald] word-for-word almost how we decided to go. I don’t want us to seem [like we are] backing up,” he said. “We need to make our call [and] stick to our guns.”

However, Dorroh said, “We should never hesitate to reconsider something because we think it makes us look bad or that we’re not moving forward. It actually, I believe, is more inclusive, transparent, and more well thought out.”

The court voted 2-1 in favor of changing the language, with Dorroh and Owens voting in favor and Runnels opposed.

Harney County Clerk Derrin (Dag) Robinson said he would change the advertisement immediately.

•••

During the public comment period, Mary Ausmus asked about the issues that Sheriff Ward discussed in his letter to the editor, which was published in the April 17, 2019, edition of the Burns Times-Herald.

In his letter, Ward stated that the county jail is outdated, underfunded, understaffed, and out of compliance with standards required by law.

Runnels replied by stating that, “There’s no violations on any of the records from the state.”

However, he noted that the jail has issues with providing an outdoor exercise area, a separate medical room, and ideal access to the law library.

Owens explained that, “In our best knowledge, we’re not violating any laws because of the age of our building. We have been ‘grandfather claused in’ and have some time frames in order to correct some things.”

Runnels also noted that Herb and Ann Vloedman offered to donate land to the county and cities of Burns and Hines for an emergency-services facility. However, all three entities would have to reach an agreement.

•••

The court appointed Karen Zabala to fill the remainder of Harney County Assessor/Tax Collector Ted Tiller’s term. Tiller is retiring from the position on Dec. 1.

Runnels explained that a committee interviewed the applicants and recommended Zabala’s appointment.

•••

Over the last few months, the court received 20-30 pages of signatures supporting the proposed Second Amendment Sanctuary Ordinance.

The proposed ordinance states that, “No agent, employee, or official of Harney County” shall “knowingly and willingly participate in any way in the enforcement of any Extraterritorial Act” or “utilize any assets, county funds, or funds allocated by any entity to the county, in whole or in part, to engage in any activity that violates this ordinance by aiding in the enforcement or investigation of Extraterritorial Acts relating to personal firearms, firearm accessories, or ammunition.”

The ordinance defines “Extraterritorial Acts” as “all local, state, and federal acts, laws, rules, or regulations originating from jurisdictions outside of Harney County, which restrict or affect an individual person’s general right to keep and bear arms, including firearms, firearm accessories, or ammunition.”

Tim Smith thanked the court for its assistance with the ordinance and said he’d like the court to refer it to the November 2020 general election ballot.

“This is probably not going to be without legal challenges, even if the county court refers it to the ballot,” Owens said. However he said, “I support this, and I feel it’s appropriate that we do refer it.”

Dorroh agreed, stating, “This is the type of thing that should go right to the people.”

Runnels noted that the court made a statement that it is in favor of the second amendment.

Discussion regarding the matter will be ongoing.

•••

In other business, the court:

• reviewed the 2019 Harney County Fair, Rodeo, and Race Meet with Fair Manager Jordon Bennett;

• received questions from Holly Smith regarding the county’s budget shortfall.

“That conversation is not done yet,” Owens replied, explaining that Runnels was putting together some numbers for the Oct. 15 budget committee meeting;

• received questions from Mark Creighton regarding the 911 fund and personnel issues within the sheriff’s office.

Runnels said he will follow up with Creighton regarding the 911 fund, and Owens explained that public meetings are not the proper forum to discuss personnel issues;

• was addressed by Kelly Novak of the Harney County Health Department regarding a proposed ordinance that would prohibit the use of tobacco products at any time on Harney County property.

Discussion regarding the ordinance will continue;

• received an update from Emigrant Creek District Ranger Josh Giles regarding the Box Fire and recent hazard-tree sale;

• read Ordinance 2019-86 for the second time by title only and approved it.

The ordinance establishes criminal history record-check policies concerning applicants for employment and appointed volunteers;

• received an update from Owens regarding the Blue Mountains Forest Plan.

A Blues Intergovernmental Council is forming to work through the new plan;

• learned from Owens that some of the policies and procedures have changed on groundwater permits, but those changes haven’t been articulated to permit holders.

They were invited to attend a meeting with Oregon Water Resources Department staff Oct. 16 from 2-6 p.m. at The Pine Room in Burns;

• discussed paying dues to the Association of Oregon Counties (AOC) Federal Land Management Subcommittee.

The amount of dues that the court will pay will depend on whether AOC selects a different lobbyist and the court agrees on land-management policies;

• read Ordinance 2019-87, which establishes videotaping of county court meetings, for the first time by title only. The court will consider approving the ordinance during its next meeting;

• approved Ordinance 2019-88 in the matter of establishing Harney County’s uniform fee schedule for various county departments. Runnels explained that the only change is to update the fee that Geographical Information Systems Coordinator Bryce Mertz charges other counties;

• appointed Rick Paul to fill the vacancy left by Curt Blackburn on the Harney County Budget Committee;

• appointed Kerry Opie to fill the vacancy left by Jackie Smith on the Harney County Fair Board;

• discussed Public Notices of Water Use Requests;

• received a packet of information from locals who participated in the Global Climate Strike;

• received correspondence from Forest Service Contracting Officer Arnie J. Cole regarding the Cow Decks timber sale;

• held an executive session to conduct deliberations with persons designated by the governing body to carry on labor negotiations. No decisions were made.

The next county court meeting will be held Oct. 16 at 10 a.m. in Runnels’ office at the courthouse.