Independent Contractor will fill City Position

(Published in the 9/15/2010 issue of the Nugget Newspaper) By Bill Mintiens The Sisters City Council on September 8, in their first regular workshop following a month-long recess, decided that the economic development manager's position will be filled by an independent contractor hired by the city. The manager will not be a direct city employee. The position will also not fall under EDCO's (Economic Development for Central Oregon) banner. Although the printed workshop agenda listed discussion about the "Economic Development Services Agreement," many assumed the workshop would be an "unveiling" of EDCO's recommendation for the economic development manager. It wasn't. EDCO was assigned, earlier this summer, the task of writing the position description and independent contractor agreement, posting the listing, interviewing the twelve candidates that applied, and submitting a recommendation to the council. None of the five councilors were involved in any of those steps, nor were they aware of the candidates or members of the interviewing panel. EDCO directed people to an online position description (www.edcoinfo.com), stating that "the independent contractor will provide staffing of the Sisters Business & Attraction Team (SBART) and coordinate with the City of Sisters and EDCO to provide economic development services for the greater Sisters Country area. This 10-month, $30,000 contract-for-services period begins September 1, 2010, and ends June 30, 2011, and will be paid in equal monthly installments by EDCO with funding from the City of Sisters." The $30,000 will come from the City of Sisters' budget and is intended to cover the independent contractor's wages and all expenses. City Manager Eileen Stein began the workshop with a spreadsheet laying out for councilors the positives and negatives of the position's reporting structure. She wanted councilors to decide if the position status should be "employee" or "independent contractor" and whether the position should report to the City of Sisters or EDCO. A majority of the discussion centered on the risk of legal entanglements. If the manager became a city employee, the city would be responsible for an on-the-job injury or an unemployment claim. The city would also be responsible for payroll and other employment taxes for the position, not to mention supervising a position the city has little experience with. "We're not economic development people," said Mayor Lon Kellstrom. The council clearly wants a cap on the $30,000 budget - and no lawsuit down the road dealing with the basis for employment. At this time there are no other sources of funding for the position. The challenge for the council is how to provide oversight to a position that, at this point, doesn't have a direct reporting structure, measurable goals or receivables. Indicating a reporting structure, measurable benchmarks and goals could look to a court like an employee relationship. City Attorney Steve Bryant advised the councilors to be cautious. "Looking at the EDCO independent contractor agreement, it sure looks like the 'independent contractor' is more of an employee, not an independent contractor. If you really want accountability with the position, make the person an employee," said Bryant. Early in the discussion it appeared that Mayor Kellstrom was in favor of the manager becoming an employee. "Based on Steve's (Bryant) comments, I suggest that the independent contractor route is very difficult," said Kellstrom. Councilor Weed felt there was a simple test for determining whether the person should be an employee or independent contractor. "Seems to me that we need to determine what we want this person to do, then determine whether it's an employee or independent contractor relationship," she said. Councilors Bogart and Thompson both agreed with Council President Bill Merrill that the person should be an independent contractor. "I agree with Bill, we can still have oversight (of the position)," said Bogart. "I'm concerned with how much an employee would cost, what with roll-up costs for employees these days," said Thompson. Mayor Kellstrom, mulling the pros and cons, said, "But if we don't like what's going on and we try to direct the person, that's when we could cross the line (into an employee relationship)." The mayor asked City Attorney Bryant what he could do. "If we tighten-up the independent contractor's agreement to avoid employment claims, can we still do it?" Bryant replied, "Just determine, as a council, the receivables you expect and I'll write them into an independent contractor agreement. I can make the agreement as tight as possible, but I can't provide any guarantees. There's always an inherent risk that the person will claim to be an employee," said Bryant. Nearing the end of the hour-long workshop, Councilor Weed offered a suggested set of deliverables for the position. These included surveying the entire business community, two or three community-wide meetings, and creating a central information location for business grants and loans. "There was really not enough time to hash things out. I plan to draft a message to Lon (Kellstrom) and Eileen (Stein) outlining my concerns and ideas for the position," said Weed following the workshop. Roger Lee, EDCO executive director, attended the meeting. "Our economic development managers (Prineville, Redmond, Madras) have deliverables which include the number of new jobs created, number of new companies, etc., within a given year," he said. Mayor Kellstrom asked attorney Bryant to draft an independent contractor's agreement by September 30, with an effective date of the contract October 1, 2010. He also asked Bryant to look into including language that offers one- and two-year options. The mayor is expecting EDCO to have completed interviews with the 12 applicants before September 30, bringing their recommendation to the council by that time. Kellstrom indicated the goal was to have a person "on board" by October 1.

Shepardson Running for City Council

Published 9/15/2010 in the Nugget Newspaper

Photo by Bill Mintiens By Bill Mintiens Jacki Shepardson, 50, has lived in Sisters about 14 years and says she "plans to spend the rest of my life here." Born in Walla Walla, Washington, and raised in Salem, Oregon, Shepardson got an early start on what would become one of her key strengths - public speaking and debating. "I was a member of our speech and debate team in high school and was awarded the highest honor you can get from the National Forensic League (a non-profit honorary society created to recognize high school students in speech and debate) for my debating skill," said Shepardson. Shepardson's early training in speech and debate proved valuable when she entered the workplace. She went to work for the DMV (Department of Motor Vehicles) in Salem after high school and worked her way up to clerical specialist. "At age 21 I became the president of the local union for the Salem DMV, the largest state employee local union at the time. I learned a lot about how government works, got involved with collective bargaining and educating our members," said Shepardson. She also got involved in state and national politics during this period in her life. "I testified at senate hearings about workplace safety issues and helped Kulongoski's first campaign run for governor. I also helped campaign for Jimmy Carter's presidential bid," said Jacki. A firm believer in choice, Shepardson added, "I've always been a registered Democrat because I believe you have more choice. But I have both conservative and liberal tendencies, depending on the issue." Following her stint with the DMV, Shepardson decided that it was time for higher education. She entered Merit-Davis College in Salem (which no longer exists), earning a certificate in accounting and business management. At this point in her life, a single mother with two young children, she had to make a choice. Apply for state assistance or find a job to support her family. She chose the latter. "I was a young woman with two young children and, although I could have gone on unemployment, I self-initiated and went after a job," said Shepardson. She went to work at the Fairview Training Center in Salem, a state institution for the mentally challenged which no longer exists, as a recreational and music therapy aide. "I really enjoyed the work because I have a compassionate heart and was directly helping people with the challenges they were facing," she said. By 1996 Shepardson had remarried and moved to Sisters with her four children, never regretting the move for a moment. "As a child my father was always taking us over here for adventures, so I knew I liked it here and that it would be a great place to raise my family," she said. Shepardson has four grown children ages 28, 26, 24, and 22. She also has two children in the Sisters school system, Jessica, 13 and Sam, 10. Jacki's community involvement includes volunteering in her children's schools, as well as becoming, in 2002, the site coordinator for the Sisters Brown Bag Program. Sponsored by Three Sisters Fellowship, this program provides Sisters families with a bag of groceries each month, one bag per person in each household. "I find the Brown Bag Program extremely rewarding. I drive to Trader Joe's each week to pick up their donated items. We also receive food from local retailers like Ray's, Richard's Produce, and Sisters Bakery. The need, over the past two years, has escalated tremendously," said Shepardson. Two years ago the program was averaging about 70 "brown bags" for about 20 families. Now the program averages about 165 bags for 40 families each month. When asked why she wanted to become a city councilor, Shepardson said, "I thought about running two years ago but I didn't really have the time, now I have the time to devote to the office. And friends who wanted me to run two years ago really pushed me to run this year, saying that the city really needed my voice. "I'm honest, I know my own mind and I'm compassionate, caring, and intelligent. My friends knew I wouldn't be swayed by anybody for any reason - except for the right reasons. And I'm a very good listener, I will listen to people, ask their opinions, I guess it's the debater in me." Commenting on the performance of the present city council, Shepardson was very direct: "I don't think there's enough diversity on the council right now. I see a 'block of voting' and it closes down any and all ideas that might come up. When you have a block of people voting a certain way they make their minds up and they close down wanting to listen to other ideas that might be out there. "You need to have good intelligent debate on a subject, be kind to one another, and come out of it with a cohesive decision. I don't see consensus happening on the council right now. And I don't think the council has been transparent with themselves, much less the public," added Shepardson. The candidate has very strong opinions on economic development in the city. "I believe the three gentlemen on the council (Mayor Kellstrom, Councilors Thompson & Bogart) see economic development as 'building more' and adding more land. I don't believe that's the right thing to do. We have a lot of open storefronts, a lot of empty lots that were developed with nothing on them now and a lot of vacant homes. Before you start annexing land into a city that appears distressed, you should use what's already there. I was against the annexing of land for Metolius Meadows. We should wait and turn everything else around first. I see this (Metolius Meadows) becoming just another home subdivision with a lot of empty lots," said Shepardson. "I believe economic development means adding living-wage jobs that are sustainable. Construction jobs are not sustainable jobs. We need to research other small cities that have turned themselves around, we need to ask them 'what did you do, how did you attract businesses?'" said Jacki. Regarding major challenges facing Sisters now, Shepardson is also very clear. "There are not enough living-wage jobs to keep people here. On top of that we also have an awful lot of second homes that rent at high prices. I've seen my children move away from Sisters because of the employment situation and lack of affordable housing. Frankly, I'm worried that Sisters could become a ghost town, especially right now. If the powers in charge aren't careful it could happen," said Shepardson. She also spoke on the issue of hiring an economic development manager and SBART's (Sisters Business Attraction & Retention Team) volunteer work. "$30,000 is a lot of money to lay out there and not set up some sort of accountability (in the position description). Everything should have been laid out with the position before you say 'alright now go out and hire someone' (see related story, page 3). Any smart business manager would have done this first. Our city isn't set up where the mayor can just go ahead and make decisions on his own; this is what happened with this position," Shepardson said. "Regarding SBART, I really don't know what they do, they aren't accountable to anyone and that's a no-win situation. An organization that's working toward attracting businesses needs to be accountable to somebody. The members should be appointed, hired, or at least elected, not be volunteers." On the influence of PAC's (Political Action Committees) on the Sisters City Council election, Jacki has strong feelings. "These days elections are bought nationally - and I hate to see that happening in our small town. I've contributed my time to campaigns but I've never contributed money to them. It's taking away from what America's supposed to be, a country where a little guy can step up and become president. I think people in America are starting to wake up and say 'no more,' we're going to take America back to what it's supposed to be," said Shepardson. On the subject of "block voting," Jacki was quick to say, "Wendy, Sharlene, and I don't agree on every issue; we wouldn't be voting as a block." The election for Sisters City Councilors takes place on November 2. On October 21 at 7 p.m. at Sisters High School Auditorium, there will be a candidates' forum at which the public can listen to the six candidates' views.

Lindsey runs for City Council Seat

(This article was published in the 9/8/10 issue of the Nugget Newspaper)

Virginia Lindsey photo by Bill Mintiens By Bill Mintiens Virginia Lindsey has thrown her hat into the ring for a shot at a city council seat in the November 2 election. Six people have officially declared their candidacy. Lindsey, David Asson (profiled in the September 1 Nugget), Sharlene Weed, Wendy Holzman, Jerry Bogart and Jacki Shepardson are each seeking one of the three open seats this fall. Lindsey, 72, has lived in Sisters for five years, moving here with husband Fred after retiring from a long career in purchasing with several electronics firms around the U.S. "Fred and I had been coming to the Metolius River to fish since 1985 and, when it came time to retire, we knew we loved it here and decided to make it our home," said Lindsey. Originally from Milan, Indiana, Lindsey grew up in a musical family. Her father was a musician, taking the family to Florida during the winters to play with various bands. Virginia initially followed in his footsteps, attending Butler University in Indianapolis for two years as a music education student. "I ran out of money and had to leave the university," said Lindsey. Making it through difficult times and working hard are lessons Lindsey learned early in life. "When I was very young we were pretty poor, so I empathize with people going through tough times these days," she said. Virginia joined the Navy in 1959 and scored so well on electronics-related tests that she earned an Electronics Technician certificate after completing the required training. She realized then that music education was not her real passion; electronics was the path for her post-military career. "Oh yes, I'm a real 'techie' and so is my husband Fred; that's how we met," said Lindsey. Following her Navy service, Lindsey spent more than 40 years working for various high-tech electronics companies. She worked hard and progressed from purchasing agent to director of materials with companies like General Dynamics to Digital Systems. Knowing that her electronics experience might not be enough in a competitive job market, Lindsey went back to college in the mid-'80s, earning an AA degree in Business Administration and Management from Saddleback College in California. Lindsey believes these experiences will serve her well as a Sisters City Councilor. "Most of my working life involved negotiating contracts with companies and vendors all over the U.S. Negotiation is not an easy thing to learn, but it's very effective. I believe the present council needs more of that, less squabbling over petty issues," said Lindsey. When asked what qualifies her to be a Sisters City Councilor, Lindsey pointed to her political involvement since moving to Sisters five years ago: "I served on the city's budget committee for three years (2007-2009) and I've been pretty active politically in this community, writing letters, and addressing the council when I felt it was necessary." Virginia also points to her financial expertise and attention to detail. "I believe that attention to detail and lack of planning could be better with the council now. Frankly, I'd like for both of us (David Asson and I) to be on the council; I think we complement each other well," added Lindsey. Lindsey believes that Sisters' major challenge right now is attracting and retaining employers that can offer year-round family-wage jobs for Sisters Country residents. "I'm a firm believer that we need industry and manufacturing here. The industrial revolution is what brought this country the wealth we've enjoyed. The advantage with manufacturing is that an employee has the opportunity to move up within the company, just like I did in my career," said Lindsey. "There's such a variance of opinion about what would make Sisters better. Sharlene (Weed) has stated that she believes Sisters needs to concentrate on the 'downtown core' in Sisters. The downtown core is retail - gift shops, art galleries, and restaurants; no jobs in the winter, low-paying jobs in the summer. We need to have a base of employment where people can work year-round," said Lindsey. Lindsey is pleased the city has taken the first steps in trying to attract new companies. "The words 'economic development' are not bad. Some people believe it means taking away the heart of Sisters," she said. "I don't believe that at all. I'm all for EDCO (Economic Development for Central Oregon) because they've been very successful in other towns." Addressing the current search for a part-time economic development manager for Sisters, Lindsey said, "We've finally taken the first step getting EDCO involved with finding someone who has experience and success finding and placing companies. SBART (Sisters Business Attraction & Retention Team) has been trying very hard as well. We need professionals that don't do anything else but go after businesses. The main-street businesses of Sisters are doing what they're supposed to do - attracting people as they drive through town. But we need more; we need to balance tourism with industry and manufacturing companies." Lindsey joined the Citizens for Sisters PAC (Political Action Committee) this past July. Citizens for Sisters was formed during the 2008 campaign and raised more than $11,000 to support the slate of Lon Kellstrom, Jerry Bogart, and Pat Thompson. All three were elected. (See related story, "Council candidates forego campaign funding," The Nugget, September 1, page 1.) This past July the Citizens for Sisters PAC was reactivated, this time backing the candidacy of Jerry Bogart, David Asson, and Virginia Lindsey. Asson has since left the PAC, preferring to run his own campaign. Lindsey explained her involvement in the PAC. "I don't have the money myself to spend on a campaign, and they were willing to assist me in collecting money so I can get the word out about my candidacy," she said. "I found that the PAC has the same interests and goals that I have, and I respect them all. 'Developers' is also not a bad word, these are the people who take risks, build buildings and have to find someone to fill it, they keep people on their payroll even when times are tough." Emphasizing her independence, Lindsey said, "I've never been for sale. Having been a director of purchasing for very large companies, and offered European cruises - which I turned down of course - I made it very clear to the PAC organizers that my vote cannot be purchased."