04/13/1994 09:09 AM Senate STA

 CHAIRMAN LEMAN brings up SB 199 (ELECTIONS EMPLOYEES IN CLASSIFIED            
 SERVICE) as the first order of business before the Senate State               
 Affairs Committee.  The chairman calls the first witness.                     
                                                                               
 Number 032                                                                    
                                                                               
 BRUCE ARONSON, Office of the Ombudsman, states the Ombudsman                  
 continues to support SB 199.  Mr. Aronson adds the only other                 
 comment Mr. Fowler wants communicated to the committee is that the            
 Ombudsman thinks section 3 is not necessary, given the existing               
 rules for moving folks into classified service.                               
                                                                               
 Number 049                                                                    
                                                                               
 CHAIRMAN LEMAN states the committee has an amendment in the bill              
 file which was drafted by the ombudsman and would address section             
 3.                                                                            
                                                                               
 Number 057                                                                    
                                                                               
 SENATOR TAYLOR expresses concern over classifying employees, and              
 asks how one would get rid of someone like Charlotte Thickstun.               
                                                                               
 Number 082                                                                    
                                                                               
 MR. ARONSON responds that, under SB 199, the Director of the                  
 Division of Elections would still be an exempt position.                      
                                                                               
 SENATOR TAYLOR asks how one would get rid of forty-some incompetent           
 employees at DEC (Department of Environmental Conservation).                  
                                                                               
 Number 097                                                                    
                                                                               
 MIKE MCMULLEN, Division of Personnel & EEO, Department of                     
 Administration states the department does not have a position on              
 sections 1 and 2 of SB 199, but is opposed to section 3.  The                 
 Department of Administration supports the amendment to delete                 
 section 3.  The legislature has already passed provisions for                 
 employees whose positions are moved from exempt or partially exempt           
 to classified service.  Those provisions are under AS 39.25.150.              
 Mr. McMullen states that the process has worked well in the twelve            
 years since the provisions were passed; those provisions have been            
 used several times.  Difficulties and confusion occurs when the               
 legislature writes exceptions to those provisions.                            
                                                                               
 Number 147                                                                    
                                                                               
 CHAIRMAN LEMAN asks if there are any questions for Mr. McMullen.              
 Hearing none, the chairman calls Mr. Swanson to testify and notes             
 that the committee has two amendments on SB 199.                              
                                                                               
 Number 151                                                                    
                                                                               
 JOE SWANSON, Director, Division of Elections states that when he              
 became Director of the Division of Elections, he reviewed the                 
 personnel files of the employees and found there was not one                  
 employee who met the minimum qualifications for the job they held.            
 As long as the division is subject to the possibility of employees            
 being replaced for other than work related criteria, he thinks that           
 problem will always exist.  Mr. Swanson says that it is his opinion           
 from a division director's standpoint, and he has been the director           
 of three different divisions for a total of thirteen years, that if           
 the entire core and all the experience of an organization is                  
 removed, it will be almost impossible for that division to                    
 function.  The State of Alaska could come very close to having a              
 "very bad" election if this kind of thing continues to happen.                
                                                                               
 MR. SWANSON states he does not disagree with Senator Taylor that it           
 is difficult to remove incompetent employees.  There are means                
 within the system to remove incompetent personnel, however, the               
 manager has to have the guts to do it.  It removing incompetent               
 employees is possible, Mr. Swanson states he has done so several              
 times before.  It is painful, and takes a lot of work, but it is              
 better than hiring people with zero qualifications.                           
                                                                               
 Number 184                                                                    
                                                                               
 CHAIRMAN LEMAN asks Mr. Swanson if he thinks it should be easier to           
 remove employees who hold classified positions.                               
                                                                               
 Number 190                                                                    
                                                                               
 MR. SWANSON responds there has be a balance between protecting                
 classified personnel and being able to remove incompetent persons             
 in classified positions.  We would not want a manager to be able to           
 just walk in and fire an employee.  Then we would end up with all             
 arbitration being handled through the Court System, which would be            
 much more expensive than handling problems through a personnel-type           
 system.                                                                       
                                                                               
 Number 198                                                                    
                                                                               
 CHAIRMAN LEMAN asks if there are further questions for Mr. Swanson.           
 Hearing none, the chairman asks if anyone else wishes to testify.             
 Number 200                                                                    
                                                                               
 There being no further witnesses, the chairman offers amendment #1.           
                                                                               
 Amendment #1 is to page 4, lines 12 through 15, and would delete              
 section 3.                                                                    
                                                                               
 CHAIRMAN LEMAN asks if there is any objection or discussion                   
 relating to amendment #1.  Hearing none, the chairman states                  
 amendment #1 has been adopted.                                                
                                                                               
 Number 211                                                                    
                                                                               
 SENATOR MILLER offers amendment #2 as a conceptual amendment, the             
 amendment being to leave the four regional supervisors positions              
 exempt, and not classify those positions.                                     
                                                                               
 Number 223                                                                    
                                                                               
 SENATOR RANDY PHILLIPS states he would support that amendment.  He            
 thinks the Director of the Division of Elections should have the              
 ability to supervise the field offices.                                       
                                                                               
 Number 227                                                                    
                                                                               
 MR. MCMULLEN adds he does not think the amendment should stipulate            
 the number of regional supervisors, because it could create a                 
 problem if the number of supervisors was to change.                           
                                                                               
 SENATOR MILLER agrees with Mr. McMullen's point.                              
                                                                               
 Number 235                                                                    
                                                                               
 CHAIRMAN LEMAN states the amendment will just specify "regional               
 supervisors" and not list the number of supervisors.                          
                                                                               
 CHAIRMAN LEMAN asks if there is any discussion regarding the                  
 amendment.  The chairman asks if there is objection to the adoption           
 of the amendment.  Hearing none, amendment #2 is adopted.                     
                                                                               
 CHAIRMAN LEMAN asks the pleasure of the committee regarding SB 199.           
                                                                               
 SENATOR MILLER makes a motion to discharge SB 199 from the Senate             
 State Affairs Committee with individual recommendations.                      
                                                                               
 Number 238                                                                    
                                                                               
 CHAIRMAN LEMAN, hearing no objection, orders SB 199 released from             
 committee with individual recommendations.