Legislature(2011 - 2012)BARNES 124
02/22/2012 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB301 | |
| HB252 | |
| HB300 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 301 | TELECONFERENCED | |
| *+ | HB 252 | TELECONFERENCED | |
| *+ | HB 300 | TELECONFERENCED | |
HB 300-GEOGRAPHIC COLA FOR JUSTICES AND JUDGES
4:20:13 PM
CHAIR OLSON announced that the final order of business would be
HOUSE BILL NO. 300, "An Act relating to geographic cost-of-
living salary adjustments for justices of the supreme court and
judges of the superior and district courts; and providing for an
effective date."
4:20:37 PM
DOUG WOOLIVER, Deputy Administrative Director, Administrative
Staff, Office of the Administrative Director, Alaska Court
System, stated that this bill was introduced by the House Rules
Committee at the request of the Alaska Supreme Court. This bill
would update the geographic pay differentials that apply to
judges' salaries to bring them in line with the same formulas
that apply to other state employees. Under current law
employees in the executive branch and those in the judicial
branch who are not judges receive a geographic differential
which is applied to their salary based on a formula that
calculates a cost-of-living in various communities where they
live. A geographic differential can vary from 6.3 percent in
Sitka to 36.92 percent in Kotzebue, Barrow, and Nome. He
pointed out two caps on the geographic differential that judges
receive limits any increase to less than five percent of a
geographic differential for a limit on the total of $7,000 on a
Superior Court judge's salary. This does not offset actual
costs of living in most rural communities. He compared the
$7,000 to approximately $30,000 to $35,000 in geographic
differential other state employees may receive. The legislature
has recognized geographic differential as a means to compensate
individuals living in rural Alaska who face staggering costs.
He emphasized the point of a geographic differential is to
adjust salaries statewide on an equal basis. He referred to a
McDowell study that showed the cost of living was 60 percent
higher in Kotzebue than in Anchorage.
4:23:07 PM
MR. WOOLIVER pointed out that judges in Anchorage receive
substantially more in salaries than judges receive in Kotzebue.
The first geographic differential bill passed the legislature in
1966 and geographic differentials have existed since then. He
characterized this bill as the right thing to do for employees
and for judges. Rural judges should be treated adequately. He
illustrated one problem in rural Alaska has been to attract
sufficient applicants to serve, in particular, in communities
such as Bethel. Currently, a Superior Court judge position is
vacant. The Alaska Judicial Council did not receive enough
names the first time it solicited applicants so it is starting
over to find sufficient, qualified applicants. However, this
issue is not just an issue for Bethel. In 2013, Ben Esch, who
has served as Superior Court judge in Nome for 17 years will
retire. He is the longest serving judge in Nome's history. In
2014, Mike Jeffrey will retire. He has been the longest serving
Superior Court judge in our state's history. He stressed the
importance of finding qualified committed applicants. He
pointed out numerous hurdles exist to attract people to live in
rural Alaska, and one barrier has been a lack of any realistic
geographic differential since rural judges lose out compared to
urban areas. The geographic differential does not apply to
judicial retirement since a judge's retirement is based only on
base salary. This bill is limited to geographic differential.
4:25:53 PM
REPRESENTATIVE SADDLER asked whether it is problem to recruit or
retain judges in rural Alaska.
MR. WOOLIVER explained that it hasn't been a problem to retain
judges but it has been difficult to attract them. He further
explained that the most recent vacancy in Bethel, the Judicial
Council did not receive enough applicants to send two names of
qualified candidates to the governor. He was unsure if this
bill has had an effect in attracting candidates, but the
Judicial Council has received substantially more applicants
during the second solicitation.
4:27:20 PM
REPRESENTATIVE SADDLER understood the chronological cap, but he
asked for the length of time a judge must serve to qualify for a
state retirement.
MR. WOOLIVER offered his belief that it takes five years to
obtain vesting, but judges are fully vested at 15 years, and
Alaska's Constitution does require retirement at age 70.
4:27:48 PM
REPRESENTATIVE SADDLER referred to the committee members' bill
packet with the geographic differential. He questioned why
Anchorage is not listed and asked if it is zero.
MR. WOOLIVER answered yes.
REPRESENTATIVE SADDLER offered his belief that Fairbanks is not
treated well in terms of cost-of-living. He inquired as to
whether the rates are indexed to the inflation rate.
MR. WOOLIVER answered no. He explained that the chart in
members' packets is somewhat complicated. The section shows
Fairbanks at 15.2 percent, which is the non-covered geographic
differential. He offered that is the statutory rate that
applies to members of the executive branch who are not covered
by collective bargaining agreements. That rate hasn't changed
in years, he said. He pointed out that the three percent amount
listed two columns over on the chart represents the most recent
union negotiated contracts that adopted per the 2008 McDowell
study figures.
4:29:18 PM
REPRESENTATIVE MILLER inquired as to how many judges would be
affected by the bill.
MR. WOOLIVER answered that 23 Superior Court judges and 11
District Court judges would be affected for a total of 34
positions.
CHAIR OLSON anticipated a potential amendment to the bill would
be forthcoming.
[HB 300 was held over.]