Legislature(2001 - 2002)
03/27/2001 03:37 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 112-LONG-TERM CARE OMBUDSMAN;MENTAL HLTH AUTH CHAIR DYSON announced the committee would hear testimony on CS FOR SENATE BILL NO. 112(FIN), "An Act placing certain employees of the Alaska Mental Health Trust Authority in the exempt service; establishing a minimum salary for the long term care ombudsman; and providing for an effective date." Number 0740 HANS NEIDIG, Staff to Senator Lyda Green, Alaska State Legislature, came forth to testify on SB 112 on behalf of Senator Green, chair of the Senate Health, Education and Social Services Standing Committee, which sponsored SB112. He stated: Senate Bill 112 would place employees of the Alaska Mental Health Trust Authority in the exempt service, while establishing a minimum salary for the Long Term Care Ombudsman. Senate Bill 112 was introduced at the request of the Alaska Mental Health Trust Authority to address concerns about their ability to function efficiently as a state corporation. Unlike other state boards, commissions, and authorities whose employees are placed in the exempt service under AS 39.25.110, the Alaska Mental Health Trust Authority's employees are not in the exempt service. This is despite the fact that the fiduciary responsibility owed to the beneficiaries by the trust requires that employees perform at the highest levels. Additionally, this legislation establishes a minimum salary for the Long Term Care Ombudsman at a Range 21. Salary for the Long Term Care Ombudsman is currently at a Range 20. ... Establishing a minimum salary for [the] Long Term Care Ombudsman will help ensure that a qualified individual can be hired for this crucial position. Number 0667 REPRESENTATIVE COGHILL asked if Mr. Neidig could explain the Executive Order 102. MR. NEIDIG responded that the Executive Order 102, now law, has moved the Long Term Care Ombudsman from the Department of Administration into the Mental Health Trust Authority. REPRESENTATIVE WILSON asked what the difference is between [Range] 20 and 21. MR. NEIDIG answered that it is his understanding that the Long Term Care Ombudsman position was "maxed out" at Range 20. He stated that it was suggested that a minimum range would take care of two issues; it would protect the Long Term Care Ombudsman from any kind of political retribution, and a well- qualified person could be found to fill the position. Number 0545 GEORGE SMITH, Deputy Director, Libraries, Archives & Museums, Department of Education & Early Development, stated that, roughly speaking, the difference between a Range 20 and 21 is about $5,000. A Range 19 starts at around $45,000, a Range 20 around $49,000-$50,000, and a Range 21 around $54,000-$55,000. REPRESENTATIVE WILSON asked if this position is empty. Number 0420 CAREN ROBINSON, Chair, Alaska Mental Health Trust Authority (AHMTA), stated that because this is a new duty for the AHMTA, the position is vacant. She said as soon as this bill passes, [the AHMTA] will advertise for a new ombudsman. There are three staff people at this point who are working for the ombudsman's office who will move to the AHMTA's office within the next couple of weeks. She explained that the [Long Term Care Ombudsman] will be supervising those three people. REPRESENTATIVE WILSON asked whether it is the case that [those three staff members] were not previously supervised but now they need to be. MS. ROBINSON remarked that there has been a long history of problems with the ombudsman's office. She said it is a courtesy of the AHMTA to take on the responsibilities and try to get this office operating the way it is supposed to be. The trustees felt if they could increase the level and make it an exempt position, they would be able to seek out people who had the qualifications to fill the position. She added that this would also make sure the individuals in the facilities that [the ombudsmen] would be monitoring get the care they are supposed to have. Number 0296 REPRESENTATIVE CISSNA remarked that she has read that one of the concepts behind ombudsmen is that they need to have some independence in order to challenge systems that don't work well, which means that there need to be safeguards to protect them. She said she assumes that the wage is part of that [safeguard] and asked if there are any other protections. MR. NEIDIG responded that the other part is that the Long Term Care Ombudsmen, though moved into the AHMTA, will remain in the classified service, so he or she won't be able to be hired and fired as freely as that person would be under the exempt service. Number 0217 REPRESENTATIVE COGHILL made a motion to move CSSB 112(FIN) out of committee with individual recommendations and attached zero fiscal notes. There being no objection, CSSB 112(FIN) moved from the House Health, Education and Social Services Standing Committee.
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