Josephine County commissioners hold public due-process hearing for Human Resources director

Josephine County commissioners on July 6 held a public due-process hearing in which Human Resources Director Michelle Shaw responded to board concerns about prolonged and incomplete workplace investigations, the preservation of investigative evidence and distribution of confidential personnel information.

Vice Chair Colene M. Martin called the meeting to order at 3:00 p.m. and said the Board had earlier convened an executive session under ORS 192.660(2)(b) to consider dismissal or discipline. Martin reconvened the meeting publicly at Michelle Shaw’s request so the director could respond to the Board’s concerns.

The Board told Ms. Shaw it had identified repeated problems in the administration of workplace investigations, including an inconsistent investigative framework, extended timelines for matters involving employees placed on paid administrative leave, investigative work that outside reviewers characterized as incomplete, and delays in providing information to outside employment counsel. Commissioner Gary L. Richardson said the prolonged investigations had operational consequences, including unfilled positions, interim management assignments and reduced morale.

Ms. Shaw described her standard procedure for workplace investigations, saying she begins with interviews of complainants, supervisors and witnesses and organizes investigative materials in the Human Resources shared drive. She told the Board that staffing limitations, changes in Board membership, new information arriving during investigations and reliance on outside employment counsel contributed to longer timelines.

Commissioners also said offices of employees on administrative leave had not initially been secured, raising concerns about preserving physical evidence and the integrity of investigations. Ms. Shaw said she had not previously been trained to secure physical offices as part of investigations and believed County policies addressed disabling building and computer access but did not specifically address inventories or securing workspaces.

The Board pressed Ms. Shaw about a historical workers’ compensation claim discussed at a Budget Committee meeting; Martin said the question raised during the public meeting required additional research. Ms. Shaw said she had contacted SAIF and CIS for records and had taken steps to obtain available information, but commissioners expressed concern about the timeliness of follow-up and communication.

On collective bargaining, Martin and Richardson said negotiations should generally begin earlier in the year and expressed concern about delays in scheduling bargaining sessions and the Department’s reliance on outside counsel. Ms. Shaw said she had communicated with bargaining representatives, coordinated with outside counsel, drafted proposed contract language and initiated negotiations with multiple units, and that changes in outside counsel and ongoing negotiations had affected scheduling.

Commissioners raised a separate concern about the handling and distribution of confidential personnel and medical information after an email was circulated that contained sensitive medical details. Ms. Shaw said she did not recall the specific communication but agreed that confidential medical information should generally be disclosed only when necessary for employment administration.

After the Board finished questioning, Ms. Shaw declined to add further comments. Vice Chair Martin thanked her for participating in the due-process hearing and said the Board would consider the information presented before determining an appropriate course of action. No employment decision was made at the hearing. The meeting adjourned at 4:14 p.m.