Legislature(1997 - 1998)
04/03/1997 01:30 PM Senate TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 127 PERSONNEL RECORDS OF ALASKA RAILROAD
Number 001
CHAIRMAN WARD called the Senate Transportation Committee meeting to
order at 1:30 p.m. and introduced SB 127 as the first order of
business before the committee.
JERRY BURNETT , Staff to Senator Randy Phillips, read the following
sponsor statement:
Senate bill 127 provides for public inspection of personnel records
of employees of the Alaska Railroad. Through a combination of
current statute and corporation rules, the compensation paid to a
railroad employee is confidential and therefore cannot be disclosed
to the public. Current statute provides that the corporation may,
by rule, designate and withhold public disclosure of matters of a
privileged or proprietary nature. Statute goes on to describe
matters as including personnel records. Corporation rules include
salary as a personnel record.
There is no other state government agency that, at a minimum, will
not disclose basic employee information such as the name, position,
compensation, and dates of appointment and separation.
Senate Bill 127 makes the necessary public policy changes in
statute to place the Alaska Railroad Corporation under
substantially equivalent language that every other state agency
operates.
Mr. Burnett used himself as an example. Mr. Burnett is a range 21
employee and that information is public, but would not be if Mr.
Burnett worked for the Alaska Railroad.
CHAIRMAN WARD asked Mr. Burnett if the ARRC was the only component
of the government which does not allow employee salary to be public
information. JERRY BURNETT said that was correct, basic employee
information of other government entities is public information.
SENATOR WILKEN inquired as to why this information is necessary
since the state tries to hold ARRC as a private corporation. JERRY
BURNETT provided the following example. There was a comparability
study in 1992 by the Division of Legislative Audit which reviewed
the pay of executive directors of various state agencies. The
division could not report the compensation of the railroad. SB 127
does not attempt to make those confidential portions of an
employee's record public. Is there a reason for a publicly owned
entity to hold its compensation private?
Number 081
SENATOR GREEN referred to page 2, line 21 when asking if paragraph
(3) should only refer to current employees or present and past
employees. JERRY BURNETT clarified that this includes the position
and title of current employees and prior positions. SENATOR GREEN
asked if paragraph (3) should have language that applies to current
employees as well as previous employees. Would this open all
records? JERRY BURNETT did not know. Mr. Burnett believed that
this legislation would allow one to know who was present five years
ago also, but an attorney would be able to clarify.
CHAIRMAN WARD noted that Phyllis Johnson, General Counsel for ARRC
is on line for questions.
SAM KITO III , Special Assistant for DOT/PF, informed the committee
that he would offer testimony on behalf of ARRC. ARRC believes
that SB 127 is unnecessary and is an invasion of privacy of its
employees. If SB 127 is enacted, ARRC would recommend that several
items within the legislation be addressed in more detail.
Mr. Kito said that the disclosure of ARRC employee salaries seem to
be the intent of SB 127. ARRC is unaware of refusing to confirm
that an individual works for the corporation and the position held
by that individual. In response to past legislative inquiries,
ARRC has provided salary ranges for positions. Mr. Kito said that
ARRC has been willing to make all corporation files available for
the necessary scrutiny by the Division of Legislative Audit with
the understanding that the professional standards of
confidentiality apply. Therefore, legislation on this subject is
unnecessary. Mr. Kito emphasized that SB 127 is an effort to
subject ARRC employees to the same level of public publicity as
state employees. ARRC employees are not state employees and do not
have any of the considerable benefits of state employment. SB 127
would subject ARRC employees to the burdens of state employment
without any of the benefits. This is fundamentally unfair.
Mr. Kito said that other than public curiosity, it is difficult to
discern the public need SB 127 would satisfy. ARRC is mandated by
statute to operate as if a private corporation. Most private
employees expect salary to be no one's business, but their own
bosses. Disclosing such information would violate the
understanding under which ARRC hires its employees. Mr. Kito noted
that disclosure of this information may have an effect on future
hire and serves no useful public purpose.
Number 176
Mr. Kito suggested that clarification and review of the provision
removing personnel records from the list of matters ARRC can
designate as confidential is necessary. SB 127 removes all
authority the ARRC has to adopt rules that would make a portion of
the personnel file confidential. Mr. Kito did acknowledge that
Section 3 does include some authority, but does not provide for
protection of other documents typically found in personnel files
such as medical records, disciplinary records, and performance
evaluations. SB 127 does not contain any language suggesting that
documents other than those specified would remain confidential.
Mr. Kito was concerned that without additional language, documents
that should remain confidential could become public record.
SENATOR LINCOLN asked if all the language in SB 127 was new. SAM
KITO III deferred to Ms. Johnson. JERRY BURNETT clarified that the
underlined portion in Section 1 is new language, Section 3 is new,
and the amendment in Section 2 removing personnel records is new.
SENATOR LINCOLN inquired as to why this information would not be
available for public knowledge. PHYLLIS JOHNSON cited the impact
on current and future employees as the reason ARRC would not want
this information to be public. As Mr. Kito stated, there is an
expectation among employees that these matters are private. Ms.
Johnson believed that prospective employees from private industry
could be dissuaded from accepting a position with ARRC if this
information is available to the public.
SENATOR LINCOLN inquired as to the negative impact on employees.
PHYLLIS JOHNSON believed that SB 127 would have a negative effect
on recruiting because many people do not wish to have their salary
be public information. For the existing employees, these employees
have an expectation of privacy in this area.
Number 252
CHAIRMAN WARD inquired as to the items that would be in the
personnel file. PHYLLIS JOHNSON noted that some things, such as
medical records, are kept separate from the personnel file due to
ADA standards. Disciplinary records for union employees and non
union employees both result in something in the personnel file.
Some of the labor agreements contain confidentiality provisions for
disciplinary matters. Performance evaluations, change of action
documents, and personal information of the individual and the
family is included in the personnel file. Ms. Johnson noted that
other items are in the file as well.
JERRY BURNETT pointed out that Section 3 clearly states that all
matters not specified in the personnel record of employees,
including employment applications, resumes, and documents submitted
in support of an employment application are confidential and not
open to public inspection. Under SB 127, the only things subject
to public inspection are the names and position titles of all
employees, the position held by an employee and any prior
positions, dates of appointment and separation, and compensation
paid or authorized. Mr. Burnett emphasized that none of the items
mentioned by Mr. Kito or Ms. Johnson would be open for public
inspection.
In response to Senator Wilken, PHYLLIS JOHNSON said that her title
is General Counsel and Vice President for ARRC. SENATOR WILKEN
asked Ms. Johnson if ARRC informs some state agency of salaries,
etc. PHYLLIS JOHNSON did not know of any agency that the ARRC
routinely informed of such information. In past years, ARRC has
responded to requests by certain legislators. Ms. Johnson said
that at least once, a print out of ranges for various divisions has
been provided. ARRC does not specifically identify the salary of
a particular employee. In further response to Senator Wilken, Ms.
Johnson agreed that ARRC would provide lettered and numbered ranges
specifying a high and low end of the range.
Ms. Johnson suggested adding the language "including, but not
limited to" when referring to the type of material not intended to
be available for public inspection. Also the language referring to
information that is available for public inspection should include
"only".
Number 333
SENATOR LINCOLN noted that SB 127 is at the request of the
Legislative Budget & Audit Committee (LB&A). Senator Lincoln
wanted to review the minutes of the meeting discussing this issue
in order to determine why LB&A wanted this legislation.
RANDY WELKER , Legislative Auditor, informed the committee that this
legislation was spurred when the Senate Finance Committee asked
LB&A to participate in overviews of the various departmental
budgets. An overview of ARRC was prepared in which prior audits
were discussed as well any other general observations. LB&A raised
the issue of confidentiality of salary of ARRC employees. An audit
report in 1992 on various boards and commissions, reviewed the
salary and benefits package provided by the various CEOs, Executive
Directors, and Presidents. The only one that LB&A was unable to
publicly disclose was ARRC. Mr. Welker said that he had access to
confidential records and can review the salary of any ARRC
employee, but that information cannot be publicly disclosed.
Through the overview process in Senate Finance, Senator Pearce and
Senator Randy Phillips desired legislation to address this issue.
Mr. Welker noted that SB 127 was not presented to the full LB&A
committee, it was done per the prerogative of the Chairman.
SENATOR LINCOLN asked Mr. Welker if in that audit, he could have
disclosed the range of the positions. RANDY WELKER replied yes,
but LB&A chose not to. In Mr. Welker's opinion, the public policy
question was raised by not disclosing the range.
SENATOR LINCOLN referred to page 2, line 16 when inquiring as to
the definition of "examining materials". PHYLLIS JOHNSON said that
a number of ARRC employees, who are subject to FRA requirements,
are tested on track rules and other operating rules. Those tests
are required to be maintained in the employee's file. Ms. Johnson
supposed that it could also refer to physical examinations.
SENATOR LINCOLN did not know the legal definition of "examining
materials" and indicated the need to clarify. PHYLLIS JOHNSON
agreed with Senator Lincoln.
CHAIRMAN WARD held SB 127 until the next meeting.
SENATOR WILKEN expressed difficulty in determining the benefit of
SB 127. ARRC employees are not state employees and therefore,
their salary should not be public. If the desire is to make ARRC
a public corporation, that should be addressed. Senator Wilken
objected to piecemealing away at ARRC. Senator Wilken did not see
any benefit to this legislation.
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