FOPPO v. Washington County

920 P.2d 1141, 142 Or. App. 252
CourtCourt of Appeals of Oregon
DecidedJuly 24, 1996
DocketC940419CV CA A89001
StatusPublished
Cited by8 cases

This text of 920 P.2d 1141 (FOPPO v. Washington County) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
FOPPO v. Washington County, 920 P.2d 1141, 142 Or. App. 252 (Or. Ct. App. 1996).

Opinion

920 P.2d 1141 (1996)
142 Or. App. 252

FEDERATION OF PAROLE AND PROBATION OFFICERS, an unincorporated association, Appellant,
v.
WASHINGTON COUNTY, Respondent.

C940419CV; CA A89001.

Court of Appeals of Oregon.

Argued and Submitted May 24, 1996.
Decided July 24, 1996.

Daryl S. Garrettson, Eugene, argued the cause for appellant. With him on the briefs was Hoag, Garrettson, Goldberg & Fenrich.

John M. Junkin, Portland, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

EDMONDS, Judge.

Plaintiff, Federation of Parole and Probation Officers (FOPPO), appeals from a judgment dismissing its complaint for a declaratory judgment under ORS 28.010 et seq against Washington County (county) on the ground that county was violating ORS 181.653(1) and an injunction enjoining county from further violations. We reverse.

*1142 FOPPO is a labor organization representing the certified parole and probation officers employed by county. County employs approximately 21 certified parole and probation officers as part of its community corrections program, together with four "case monitors" who are not certified as parole or probation officers. FOPPO's complaint alleges in part:

"That defendant Washington County is currently employing four (4) individuals as case monitors, as part of [its] community corrections program, which individuals perform parole and probation duties as defined by ORS 181.610[(13)][[1]] and who have been employed or will be employed by the County for a period of more than one (1) year, without having been certified under the provisions of ORS 181.610 to ORS 181.690.

"Plaintiff has demanded that defendant, Washington County cease employing individuals performing the duties of parole and probation officers unless those individuals have been or are in the process of being certified as required by law."

ORS 181.653(1) requires that any person performing the duties of a parole or probation officer be certified. ORS 181.610(13) defines the duties of a parole or probation officer:

"`Parole and probation officer' means any officer employed full time by the Department of Corrections, a county or a court who is charged with and actually performs the duty of community protection by controlling, supervising and providing reformative services for adult parolees and probationers, or who performs the duty of investigation of adult offenders on parole or probation or being considered for parole or probation."

At trial, the parties introduced evidence regarding the responsibilities of the case monitors in county's employ, including 14 pages of stipulated facts that described their duties in detail. The first area of responsibility relates to the management of offenders convicted of Driving Under the Influence of Intoxicants (DUII) and who have been placed on probation. A case monitor provides the initial orientation to the probationer and describes what is expected of the offender as outlined in the special and general conditions of supervision set forth in the judgment of conviction. After the initial "intake" orientation, the case monitor refers the offender for a "DUII evaluation" and monitors attendance at the evaluation. The case monitor also oversees the offender's entry into and attendance at any treatment program imposed as a result of the evaluation. If an offender does not attend the evaluation or the subsequent treatment programs, the case monitor attempts to determine the cause of the failure and to encourage the offender's performance of the required obligations. If the non-compliant offender does not comply, the case monitor reports him or her to a probation officer.

Case monitors also assist offenders in establishing a payment schedule and in budgeting for the payment of treatment evaluation and supervision fees, and they monitor the payment of the offender's financial obligations in that regard. If the payment schedule is not met, the case monitor contacts the offender and determines the reason for the failure. At that point, the monitor either modifies the payment schedule or reports the non-compliance to a probation officer. A monitor also provides crisis assistance to offenders and refers them to appropriate resources. In addition, the monitors receive and respond to public inquiries regarding offenders' performances and maintain records of case-related activities and interactions with offenders.[2]

*1143 The second area of duties performed by a case monitor involves community service. As part of this function, the monitor meets with convicted offenders to schedule the performance of community service requirements imposed by the court and to assess the performance of those requirements. The monitors establish written agreements with offenders regarding the court's expectations and instructions related to their specific work assignments. In addition, monitors inform offenders of fee obligations and arrange the payment of those fees. A monitor is also responsible for placing an offender with an agency for the completion of community service work hours. After placement, the monitor oversees the offender's compliance with the requirements and, if an agency is dissatisfied with the performance of an offender, works with the agency to address its concerns. Finally, the monitor reviews the offender's progress toward completion of the work hours and maintains records regarding an offender's involvement in a community service program.

The third area of duties performed by case monitors involves the "intake" of offenders other than DUII offenders. The intake of offenders in this area is performed jointly by a certified probation officer and a case monitor. The monitors generally perform a group orientation for offenders, informing them of the general conditions of supervision, and they complete the paperwork necessary for intake. They also meet with offenders whose supervision is being transferred to other states or counties. In addition, monitors collect police reports and legal documents to be used in pre-sentence investigation reports and respond to public inquiries when appropriate. Finally, monitors routinely sign travel permits granting the offender permission to leave a restricted geographical area.

After a two-day trial to the bench, the trial court ruled in favor of county. The trial court explained:

"The question that the court must answer in reaching its determination is whether or not the focal duties of the various case monitor positions are within the definition of the parole and probation officer as under ORS [181.610(13)].

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Cite This Page — Counsel Stack

Bluebook (online)
920 P.2d 1141, 142 Or. App. 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foppo-v-washington-county-orctapp-1996.