Legislature(1997 - 1998)

07/22/1998 09:00 AM House BUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
Legislative Budget and Audit                                                   
July 22, 1998                                                                  
9:00 a.m.                                                                      
House Finance Committee, Room 519                                              
State Capitol                                                                  
Juneau, Alaska                                                                 
                                                                               
                                                                               
Tape: LBA-982207 Tape 1 Side A                                                 
                                                                               
                                                                               
CALL TO ORDER                                                                  
                                                                               
Chairman Phillips convened the meeting of the Legislative Budget               
and Audit Committee on July 22, 1998, at approximately 9:10 a.m.               
in the House Finance Committee, Room 519, State Capitol, Juneau,               
Alaska.                                                                        
                                                                               
PRESENT                                                                        
                                                                               
The following members were present:                                            
                                                                               
 Senators     Representatives                                                  
                                                                               
 Chairman Phillips    Representative Croft                                     
 Senator Donley    Representative Therriault                                   
 Senator Halford                                                               
 Senator Pearce                                                                
 Senator Torgerson (alternate)                                                 
                                                                               
ALSO PRESENT                                                                   
                                                                               
Pat Davidson, Legislative Auditor; Merle Jenson, Deputy                        
Legislative Auditor; Fred Fisher, Acting Legislative Fiscal                    
Analyst; Tom Williams, Senate Finance Committee staff providing                
staff support for the Legislative Budget and Audit Committee.                  
                                                                               
STATUS OF AUDITS                                                               
                                                                               
Pat Davidson - Today we have one preliminary audit to discuss and              
two special audit requests.  I recommend that the Committee                    
consider going into Executive Session to discuss the preliminary               
audit.                                                                         
                                                                               
Senator Halford MOVED to go into Executive Session to discuss the              
preliminary audit.                                                             
                                                                               
Hearing no objection, the motion was APPROVED.                                 
                                                                               
The Committee went into executive session at approximately 9:11                
a.m.                                                                           
                                                                               
EXECUTIVE SESSION                                                              
                                                                               
Chairman Phillips reconvened the meeting to the public at                      
approximately 9:30 a.m.                                                        
                                                                               
ACTION ON AUDITS                                                               
                                                                               
Pat Davidson - We will need a motion to release the preliminary                
audit.  The other issue is we have two audit requests; one from                
Representative Bunde looking at a contract that was let by the                 
State Recorder's Office; the second is from Senator Ward looking               
at the Department of Corrections Inmate Accounts.                              
                                                                               
The one on the Inmate Accounts is basically a follow up to an                  
audit conducted in 1996 when we looked at the fiscal operations                
overall.  Back in 1996, we found that the Inmate Accounts were                 
out of balance between the detail ledgers and the control cash                 
account of $182, 000.  We found that there was inadequate                      
segregation of duties; there was a sharing of passwords getting                
into the computer system.  It needed substantial improvements.                 
Someone got away with over $180,000.  They are I believe at Grand              
Jury status with that one.  So although we may not get into the                
embezzlement itself it will be another look at the controls.                   
                                                                               
(Representative Therriault is joined the meeting.)                             
                                                                               
Senator Halford MOVED to release the statewide audit for comment.              
                                                                               
Hearing no objection, the motion was APPROVED.                                 
                                                                               
Senator Halford MOVED to approve the two audit requests.                       
                                                                               
Hearing no objection, the motion was APPROVED.                                 
                                                                               
OTHER BUSINESS - MEMORANDUM OF AGREEMENT                                       
                                                                               
Senator Pearce - Did you explain to the Department of                          
Administration ...?                                                            
                                                                               
Pat Davidson - Yes, it is included in your packet.  Last spring                
we evaluated what our workload was.  My job was to look at it,                 
define what we are required to do by Statute and focus our audit               
efforts on those.  One of the things that came to our attention                
was the work doing the single audit in the compliance portion was              
not a mandate of Legislative Audit.  I notified the Department of              
Administration that we would no longer be doing that portion of                
the audit; that we would be happy to work with anybody they                    
wanted to do it.                                                               
                                                                               
They have come back with a request to us through a Memorandum of               
Agreement asking us to continue doing that audit.  What they came              
to us with was some money to fund some unfunded positions that we              
have right now.  But more importantly they have came to us and                 
said we will dedicate a 1000 hours from our internal audit staff               
to help on the audit and Administration will pick up some of the               
administrative responsibilities for the audit.  I think it is a                
good thing for the state; I think it is going to get them more                 
active.  It will cut down on the number of Federal findings we                 
have because all of the Administration is going to be aware of                 
what those requirements are.  If we have more controls then it is              
going to increase the amount of time and effort the auditors have              
to work and I think that the direct relationship of falling back               
to them is a good one.  As I indicated in the memo, I was going                
to be signing the Memorandum of Agreement.                                     
                                                                               
Chairman Phillips - That is your recommendation?  Do we need to                
do something officially on that or are you saying this is what we              
are going to do?                                                               
                                                                               
Pat Davidson - It will not detract from the efforts and what we                
are making on our special  (cough, tape inaudible).                            
                                                                               
Senator Halford - We are going to spend money through our agency               
that we haven't formally approved in addition to what we did                   
approve?  I think we should do something to approve it?  I agree               
with it.  I think it is a good idea.  I think the Committee                    
should say something because it is money to be spent through our               
branch now from the other branch that is not appropriated out of               
our branch.                                                                    
                                                                               
Senator Halford MOVED to approve the Memorandum of Agreement.                  
                                                                               
Senator Torgerson - You said you are going to hire some people                 
for positions that are not filled now through this transfer?                   
                                                                               
Pat Davidson - Partially, I am going to use this to fund                       
positions.                                                                     
                                                                               
Senator Torgerson - How much money are they transferring?                      
                                                                               
Pat Davidson - A maximum of $250,000.  The Department of                       
Administration is going to be sort of brokering it.  The costs                 
are actually going to be distributed out to all the agencies.  It              
is all Federally reimbursable.  My sense of things is those                    
Federal programs that don't have a cap on them, i.e., CSED, a lot              
of those are going to be picking up the cost.  What we are                     
recognizing here is the cost to handle Federal money is the                    
audit.  That is part of the cost of the Federal program and to                 
the extent possible they are going to be billing those Federal                 
programs.  For those that have a cap it will be their choice as                
to whether they want to bill the Federal program or have another               
funding source; so it isn't going to be the Department of                      
Administration, they are just brokering it.                                    
                                                                               
Senator Torgerson - I'm concerned about the integrity of the                   
audit; it's the fox guarding the hen house kind of thing.  Your                
employees, their money.  But if you think it is going to work I                
guess it's going to work.  I would question the integrity of the               
audit if you're using your people and a thousand hours of their                
people. Where is the independent auditor?  There isn't one.  It                
apparently doesn't bother you, but it bothers me as to what your               
major goals are in auditing and trying to see if we are spending               
money properly.                                                                
                                                                               
Pat Davidson - Our auditing standards do allow us to do that and               
that is why I'm generally comfortable with it.  I think in a                   
governmental environment that's even more of an issue.  Basically              
for us to use their staff, what they are going to be doing is                  
basically the leg work.  We are going to plan; we are going to                 
review it and we're going to supervise their activity.  They are               
just going to run around and do some more of the work.  It is not              
inconsistent with the type of audits.  Additionally, the work                  
that we are going to be using them for is on Federal compliance                
issues.  We have an attitude about how state money should be                   
spent and we are going to keep that attitude and I don't think                 
there is anything that is going to change it.  In terms of                     
Federal compliance I am relatively comfortable with our level of               
supervision of that staff; that we can handle it.                              
                                                                               
Senator Torgerson - What is the advantage of going together on                 
this?  Why don't they hire their own auditors?                                 
                                                                               
Pat Davidson - That is one of things they did consider.  You                   
would probably have to talk to someone from the Department of                  
Administration.  But to give you an example, Retirement and                    
Benefits contract out their audit work.  Besides the cost of that              
contract they dedicate between 1-1/2 and 2 positions on an annual              
basis to do the legwork for those auditors and it fits well with               
the financial audit.  We have the resources and the knowledge of               
the departments and we are just going to be one step ahead.                    
                                                                               
Senator Torgerson - I won't object but I think we have to watch                
it.  I think it loses the integrity of the audit to have                       
Administration pay for part of our work.  To come with a budget                
next year in spending part of the Administration's money on                    
memorandums of agreement for down the road I think spells                      
trouble.  It doesn't keep a clean slate.  What we are suppose to               
do is audit state government.                                                  
                                                                               
Senator Donley - I don't mind them paying for it; I do share the               
concern about their employees doing it.  I think it is acceptable              
procedure to charge for the auditing service.  I was going to ask              
the question if we could do more of that?                                      
                                                                               
Senator Torgerson - I don't think I would object to charging but               
we don't when we go into audit their stuff.  Now we're saying we               
might.  And to be independent and say you've got to pay me to be               
independent so I can come in and audit you even if it is on                    
Federal stuff around the state just doesn't seem to fit very well              
in keeping the integrity of independent auditor.                               
                                                                               
Senator Donley - But we do that with the banks.  Banks pay us to               
inspect them and we do that with insurance companies.  We do                   
audits on them.  I don't mind taking the money to do it; I share               
your concern with their employees performing a function like                   
this.                                                                          
                                                                               
Senator Torgerson - This group is suppose to be independent and                
the insurance industry are overseers by regulation; this by                    
Statute is suppose to be an independent group charged in the                   
Constitution with doing things, the others are not.  It is just a              
concern I have.                                                                
                                                                               
Senator Pearce - Is there a way for the Federal money to keep                  
directly to you?  We are mostly talking about a Federal pass                   
through because it is Federal money.  They require us to do the                
audit; they pay for the audit.                                                 
                                                                               
Pat Davidson - We don't have the ability to directly access the                
money.                                                                         
                                                                               
Senator Halford - Senator Torgerson brings up some good points.                
What is the timing of this request?  When do you have to                       
(coughing, tape inaudible)                                                     
                                                                               
Pat Davidson - December through March.  We have to gear up for                 
it.  I do understand your concerns and I don't mean to be                      
lackadaisical about them.  I think that using their internal                   
audit staff is good because I can visualize how the audit effort               
works.  What we are going to do with them is ask them to prepare               
schedules, to locate documents basically to do a lot of work that              
doesn't require a lot of planning or thought process.  We are                  
going to tell them what we want; they are going to do it and then              
we are going to review it.  So I'm not concerned about that.  The              
benefit I see to using their staff is then they will understand                
exactly what the issues are with that Federal money.  As the                   
agency operates throughout the year these internal auditors can                
be aware of those issues and be able to inform the agency about                
how that is going to play out.  Maybe we are going to stop some                
of this stuff before it happens because we are going to get some               
internal auditors in this Department who are trained about what                
the appropriate issues are.  In this state we do not have a very               
strong internal audit function at all.  It is pretty dismal                    
actually. I think it shows itself in a lot of things that come up              
in an audit report where they misspent their Federal money or                  
have not reported things properly or they don't believe these                  
controls are necessary on the dollars.  What I'm hoping to do                  
with this is develop stronger internal auditors within the                     
Department and I think it is going to benefit the state.                       
                                                                               
Senator Halford - Once this decision is made people will be hired              
and an ongoing relationship will be established which is multi                 
year, is it not?                                                               
                                                                               
Pat Davidson - Yes                                                             
                                                                               
Senator Halford - I made the motion but that is a bigger decision              
than I'm willing to make on the amount of information we have in               
front of us.  I would like to WITHDRAW the motion.  I'd like us                
to consider what is really going on.  I agree with what Senator                
Torgerson said; I agree with what you want to do but I think                   
there is a serious potential conflict.                                         
                                                                               
Chairman Phillips - The motion has been withdrawn.                             
                                                                               
Senator Torgerson - Who would issue the report?  Would Budget and              
Audit issue the audit?                                                         
                                                                               
Pat Davidson - It would come exactly like a report is right now.               
                                                                               
Senator Halford - I would ask that we get back to this in a time               
when they can still gear up or Administration can still gear up                
if we say "no".  I think this is a significant question.                       
                                                                               
Senator Pearce - Do you have an alternative you'd like Pat                     
Davidson to consider?  What more information do you require?  I                
don't disagree.                                                                
                                                                               
Senator Halford - There is nothing in writing; no hard number                  
about (cough, tape inaudible) $250,00 is a significant amount of               
money.  It's a transfer not just between departments but between               
branches of government.  It is something that if they did it to                
us we would be furious about.                                                  
                                                                               
Senator Pearce - Do you want to see the proposed Memorandum of                 
Agreement?                                                                     
                                                                               
Senator Halford - I think there are ways we can do it that                     
maintain that insulation or is it impossible?  It is logical.  I               
think there is a separation.  Our audits when we audit them is                 
because we want to.  In this case, it is an audit they are                     
required to have to get the Federal funds.  We are picking up a                
ministerial function that the Administration needs done at                     
nobody's request; that is why they are willing to pay our branch               
to do it.                                                                      
                                                                               
Pat Davidson - We've been doing the Federal compliance portion of              
the audit since 1982.  We've always been doing it.  The Federal                
agencies developed the idea about auditing all the Federal                     
programs at one fell swoop in 1982.  At that point of time, there              
is a natural synergy to when they're looking at Federal dollars                
and how they spend the Federal dollars.  Basically we are the                  
audit organization that is geared up to do this.                               
                                                                               
Senator Halford - Why are you talking about a new program and                  
what is the change?                                                            
                                                                               
Pat Davidson - Basically it was a budgetary issue for me.  I had               
a workload that was ten months behind.  In answer to your                      
question we've been doing it free for years and now we are going               
to charge them.                                                                
                                                                               
Senator Halford - Are you saying this has been done for free for               
years and now we are going to charge them?                                     
                                                                               
Pat Davidson - Yes.                                                            
                                                                               
Senator Torgerson - You are going to hire how many people?                     
                                                                               
Pat Davidson - What I would like to do is hire two people and                  
then use the rest of the money to contract out other audits that               
we have so we can keep momentum going.                                         
                                                                               
Senator Torgerson - Would you use the money transferred from                   
Administration to do our work?                                                 
                                                                               
Pat Davidson - We are going to have to use some of our auditors.               
We have about a four month window to get the audit done and we                 
can't just take and staff up to do that so what we'd be doing is               
billing them for the amount of hours we commit.  I don't want to               
staff up a whole bunch of auditors and then experience a                       
reduction in special audits and have to lay off people.  I am                  
funding two positions in the Division which are currently                      
unfunded right now in the budget through vacancy factors I can't               
fill I think that is the historical norm for where the Division                
is.  I think to some degree we had a bubble in the number of                   
requests and I want to be able to deal with that and I think a                 
minimum of two more staff plus contracting out is the best way to              
handle that.                                                                   
                                                                               
Chairman Phillips - Is four to six weeks going to mess you up                  
when our next Budget and Audit Committee meets?  I plan to have a              
meeting within the next four to six weeks.                                     
                                                                               
Pat Davidson - It would just delay things.  Things would slow                  
down a little bit.  If that's acceptable to you.  I would rather               
have the Committee comfortable with what we are doing.                         
                                                                               
Senator Pearce - You'd told the Department you were going to quit              
doing this portion of the audit and you still have that ability?               
They would have to do it but you'd have to audit their compliance              
somehow.                                                                       
                                                                               
Pat Davidson - Yes.                                                            
                                                                               
Senator Pearce - We've been looking at their backlog.  In terms                
of your budget we asked you to come tell us how you're going to                
get rid of that backlog and one of the ideas you came up with was              
to quit doing the federal compliance which we don't get paid to                
do.  They've come back to Pat Davidson with this idea.  You could              
just say we're not going to take your money and we're still not                
going to do the federal compliance audit.  Then it is their                    
problem?                                                                       
                                                                               
Pat Davidson - Yes.  To reiterate - one of my objections and one               
of the reasons I agreed to this was to step Administration up to               
the plate with some commitment of resources because I really feel              
like the Executive Branch has been somewhat insulated from the                 
requirements of their own internal controls because the auditors               
spend more time doing it.  They don't recognize those                          
efficiencies and I think for us to be effective in what we do we               
want that internal control implemented.  I see this deal will                  
bring that additional accountable to the forefront of their own                
minds because it is going to pay for them to do that and I think               
it is really important from the overall state perspective.                     
                                                                               
Chairman Phillips - I think I'd be a little more comfortable to                
delay the decision until the next meeting which we should have                 
within 30 days.  How does that effect your scheduling?                         
                                                                               
Pat Davidson - It will just slow things down.  If a 30 day delay               
is acceptable to the Committee to make its decision, then we can               
do it.                                                                         
                                                                               
Senator Donley - I congratulate you on identifying an area we are              
not required to do and attempting to save money and free up                    
resources for other things we want to do.  Thank you, Pat.                     
                                                                               
Senator Halford - I agree with that.  It is a significant                      
decision.                                                                      
                                                                               
Representative Therriault - Basically getting the Administration               
to kick in money for something we are already doing doesn't seem               
that much of a leap but the hours that they would commit I'm not               
sure I followed all of that.  That would be a change?  Their own               
personnel would be gathering some of the information that we are               
now doing?                                                                     
                                                                               
Pat Davidson - To some degree.  A lot of our audit staff gets                  
hired away into the Executive Branch, into internal audit                      
positions, finance officers.  It is more typical of a private CPA              
firm to give a list of things they require from the agency for                 
them to produce in order to do an audit because it limits the                  
amount of time the auditor has to spend there.  It therefore                   
limits the amount the company has to pay.  So if we are talking                
about a banking institution they are going to commit significant               
resources doing a lot of the running around pulling schedules                  
together,  getting information for the auditors so the auditors                
can come in, sit down, look at the information, do a test for                  
completion and then go away.  That is one of the things I want to              
bring audit approach is that type of idea, because not only does               
it save from an audit effort perspective, I also believe it will               
make the internal controls in the agencies stronger because their              
people are going to know exactly what is important.  Do I have a               
concern about the caliber of help that I'm going to get?  It has               
to be acceptable to me.  So I look at the few internal audit                   
positions there are and I see my former employees out there and I              
know what the quality of work is and I'm willing to accept that.               
                                                                               
Representative Therriault - That's acceptable to me.  We have                  
this problem that we've told you to catch up on the backlog,                   
you've identified a way of doing that and now we're telling you                
that you can't do that.  I really haven't seen a Committee member              
scrutinize the audit requests and turn them down and tell people               
to do those with their own legislative staff so we can't just sit              
here and say you can't do that.                                                
                                                                               
Chairman Phillips - What I normally do with the audits is get a                
hold of Pat Davidson and ask if she can do it without approving a              
formal audit.  If we can't do it any other way then it comes                   
before the Committee as a formal audit request.  On the other                  
hand, you are right, we are getting more audit requests and we                 
have less and less staff.                                                      
                                                                               
Representative Therriault - I think it is a trend.                             
                                                                               
Chairman Phillips - It is a trend and it's hard to reject an                   
audit request.  They may have a legitimate concern about a                     
Department or agency so I try to limit as many formal audits as                
possible by taking care of it informally if possible.  That is                 
the process I've tried to maintain as Chair.  What percent do you              
think it is more these two years versus the last two years, Pat?               
                                                                               
Pat Davidson - I think it is up almost 100%.  It is running high               
again in 1998 about the previous years.                                        
                                                                               
Chairman Phillips - I am concerned but I feel an obligation to                 
legislators to honor their audit requests.                                     
                                                                               
Senator Halford - I think it is a trend not because they don't                 
want to use their staff it's because of the credibility of the                 
audit process.  They do a good job.  If you're trying to expose                
something, you don't have the same credibility by going through                
your own legislative staff.  You don't have the same product as                
with an independent audit.  I haven't seen people doing their                  
staff work through Budget and Audit but I think it is a                        
credibility question.  We are giving them more.  It is a budget                
increase; it's an ongoing program.  Once you have the program                  
started and they say they won't pay for it next year then you've               
got to decide what you're going to do and you have people in                   
those places.                                                                  
                                                                               
Senator Donley - It would show up as a budget increase from the                
legislature because you'd be accepting that money and it would be              
legislative employees paying for it.  I agree that people are                  
getting more and more confidence in the audit process.  Also the               
staff members have decreased over the years and the Legislative                
Research and Legal staff has decreased also.  It is a natural                  
consequence of us decimating our staff capabilities, which I                   
don't agree with but we are too far into it now.  The constituent              
levels have gone up especially in the Senate districts also.  I                
think it is appropriate if we want to focus efforts on this                    
function because it is the number one function that the                        
Legislature does, the budget and make sure things are operating                
properly as we go through the budget.  I don't begrudge people                 
these audits at all.  They are good.  I don't think our own staff              
has the expertise that these folks have developed over time.                   
                                                                               
Representative Croft - It seems if we are going to postpone the                
decision we should postpone the discussion.  This wasn't                       
something that was on the agenda so if we're all discussing how                
or when or where we postpone it then let's postpone that                       
discussion as well.                                                            
                                                                               
Senator Donley - If we move forward on the position that we                    
should no longer do the functions we aren't required to do by                  
statute the next decision after that is whether we accept money                
to do it for them or not.  I support the decision not to do those              
functions under the existing status quo.                                       
                                                                               
Chairman Phillips - I guess we will have to bring it up at the                 
next meeting; I will try to get it scheduled within the next 30                
days.  As to the selection of the Legislative Financial Analyst                
we are still going through that process.  The subcommittee is                  
going to meet hopefully in two weeks to select a candidate and                 
then another two weeks to bring the recommendation before the                  
full Committee.  The motion to has been WITHDRAWN.                             
                                                                               
OTHER BUSINESS - Y2K                                                           
                                                                               
Senator Pearce - Y2K funding.  The May 28 memo from Annalee                    
McConnell to Representative Mark Hanley that has something                     
written on it did not happen in our office but was the only copy               
that we could find yesterday to put in these packets.                          
                                                                               
The first letter we got was May 15 from Annalee McConnell                      
questioning what we were going to do to fund Y2K since it did not              
get the required 15 votes for a draw from the CBR on the Senate                
side. The day after we ended session I went to Annalee McConnell               
and Pat Pourchot and said to them, "You do not have the money to               
do anything on Y2K.  I suggested if you call us back to Special                
Session for subsistence that you add Y2K funding to the call                   
because otherwise you have no money."  The Governor chose not to               
do that for either call.                                                       
                                                                               
I got a telephone call in the ensuing weeks after the first                    
Special Session from Pat Pourchot about continuing work on Y2K.                
I told him he didn't have any money and he said we'd come to you               
with a supplemental.  I didn't give him a positive response.                   
Subsequently I got a letter on July 17 from Annalee McConnell                  
saying we wrote the Finance Committee to seek concurrence since                
we haven't heard from you so we assume you want us to proceed                  
with the Y2K work, etc., with the most viable temporary funding                
mechanism to book expenditures against the general liability                   
allocation of the state's risk management budget and that the                  
University should do the same thing and they'll request a special              
supplemental appropriation.  I do not know if other members got                
it.  They've done an analysis and decided the state has a                      
liability if they don't have their Y2K work done in time.  My                  
staff asked Pat Davidson's opinion, which was not favorable.  I                
responded on Monday with the letter you have before you.                       
                                                                               
In the meantime the Administration put out a press release                     
stating they'd hired Bob Poe to head up the Y2K program and he                 
was currently attending a Y2K meeting in Washington, D.C.  I                   
faxed a copy of Annalee McConnell's request for money to Bob Poe               
stating he had no money, don't spend anything; but there was no                
response.                                                                      
                                                                               
The reason I'm bringing it to the Committee's attention is to                  
recommend that the Committee make a motion to send a Committee                 
letter to Annalee McConnell saying they have not money and                     
shouldn't spend it.  My suggestion was they look at the                        
Governor's contingency fund for funding the program.                           
                                                                               
Senator Pearce MOVED that the Committee send a letter to                       
Administration as a committee we do not support the funding                    
mechanism for Y2K funding laid out in the July 17 letter.                      
                                                                               
Representative Croft OBJECTED.                                                 
                                                                               
Representative Croft  - It seems to me outrageous to say that                  
when the Governor puts a proposal on us and the Legislature                    
doesn't act on it it's his fault for not calling us back in                    
Special Session to get us to do what we should have done in the                
first place.  It also seems though the apology is on the record                
it is outrageous to include in the packet such a flippant                      
response.  It is the fault of whoever prepared the packet.  It                 
doesn't belong in here.  On the issue to say we don't have a                   
solution; we didn't fund your solution and yet somehow we are                  
going to try and blame you lacks logic to me.  I think we are                  
doing the state an injustice by not trying to find a solution and              
simply telling them find any lapse and other excess money around               
for this unquestionably serious problem.  We either reject                     
there's or put our own, say it's not a real problem and therefore              
nothing needs to be done.  But to say it is a real problem we                  
don't like your proposal we don't have one of our own and just                 
find some money somewhere is irresponsible and I don't think we                
should do it.  We should work with Ms. McConnell to find that                  
money, to give us a supplemental to work on a problem that                     
everyone concedes is substantial.                                              
                                                                               
Senator Pearce - First of all everyone doesn't concede it's a                  
real problem.  The Administration did a very poor job in                       
explaining the problem and making it seem like a major problem.                
Representative Hanley and I repeatedly asked the Administration                
what are you going to request for Y2K, how much money are you                  
going to ask for, what sort of an appropriation do you want.                   
Until the last two days of session they didn't even have a number              
for us.  It's real hard to put together a budget when you don't                
have a number.  We finally funded it using CBR money.  We came up              
with an amount that Representative Hanley and I thought was a                  
doable figure.  We asked them to sell it.  When it came before                 
the Senate it was the minority members who turned it down.  I                  
went to them with a solution to put it on the Special Session                  
call; they didn't do it.  Two times we've come up with solutions.              
Neither time did the Administration step forward, sell it or make              
sure we funded it.  What you want us to do is tell them go spend               
money then commit the next Legislature, which we don't control.                
                                                                               
Representative Croft - On this issue to say we put forward a                   
solution twice but it's the Governor's fault because he couldn't               
sell it back to us is illogical.  It it's our solution we either               
do it or we don't.  At least a conclusion this Committee can make              
is we don't think this is a problem so get the money wherever you              
can.                                                                           
                                                                               
Chairman Phillips - Representative Therriault, did you get a                   
letter or follow up call from Ms. McConnell.                                   
                                                                               
Representative Therriault - The same letter Senator Pearce                     
received and no call.                                                          
                                                                               
Senator Pearce - There was no discussion about hiring.                         
                                                                               
Chairman Phillips - I didn't get a letter or call.  Tom, did                   
Senator Sharp?                                                                 
                                                                               
Tom Williams - Senator Sharp did receive a follow-up call from                 
OMB.  At Senator sharp's request, I advised OMB that the Senator               
did not believe it was appropriate for him to approve the                      
request, so he would not be approving it.                                      
                                                                               
Representative Therriault - I think a member of the                            
Administration should have been here asking us what you want us                
to do rather than take silence as approval for them to go out and              
use their creative funding scheme.  I am also bothered by having               
this marked-up memo in the packet just because I don't want any                
action of the Committee to indicate this is our sentiment.                     
                                                                               
(End, Tape:  LB&A-982207 Tape 1 Side 1)                                        
(Start, Tape: LB&A-982207 Tape 1 Side 2)                                       
                                                                               
Representative Croft - Was there any invitation to Ms. McConnell               
coming to today's meting to defend this proposal and present                   
another?                                                                       
                                                                               
Representative Therriault - Whether they got an invitation or                  
not, they can't just by letter override a negative vote of the                 
Legislature.                                                                   
                                                                               
Senator Donley - I agree.  The point here is this is clearly one               
of the Constitutional powers of the Legislature that hasn't been               
usurped by this Executive Branch.  There was a specific vote on                
this by the people with the Constitutional authority to decide                 
this issue and once again the Executive Branch is breaking the                 
Constitution of the state.  To raid the risk management account,               
which is something the Legislature allowed the money to be there               
for a specific purpose, and now they are going to spend it for                 
another purpose.  That is wrong and unconstitutional.  It is                   
illegal.                                                                       
                                                                               
Senator Halford - In the last 20 years and six Governors I've                  
never had one who didn't try to do this; but I also believe that               
it is essential for the Legislature to defend against it.  The                 
wording is unfortunate; it doesn't need to be personalized for                 
this Administration.  This is truly a separation of powers issue.              
The only place where it is authorized is a special statute on                  
disaster relief where the preceding officers are asked if they'll              
go along with disaster funding for or do they agree to call a                  
Special Session.  Any time any Administration tries to get the                 
commitment in a formal way of the any body in the leadership to                
do something for the body in the next Session we who sign that                 
are abusing our power.  That was the tack of this Administration               
on this issue.  It is our duty to protect the members of the                   
Legislature who are not here.  The four people who received the                
letter initially voted "yes" but they wouldn't sign the letter to              
tie the hand of their fellows.  That is the way it supposed to                 
be.  We should never act to usurp the power of the body.                       
                                                                               
Since there was objection, Chairman Phillips called for a roll                 
call vote on the motion.                                                       
                                                                               
 Yea Senator Donley, Senator Pearce, Representative                            
Therriault, Senator Torgerson,    Senator Halford,                             
Senator Phillips                                                               
 Nay Representative Croft                                                      
                                                                               
Chairman Phillips - The motion was APPROVED by a 6-1 vote.                     
                                                                               
OTHER BUSINESS - CONTRACTED AUDITS                                             
                                                                               
Senator Pearce - What is the protocol to decide what should be                 
contracted out and how do you advertise who you are going to                   
contract to?                                                                   
                                                                               
Pat Davidson - We actually have four contracts outstanding out                 
right now.  Because the Legislative Auditor's position was vacant              
for most of FY98 we had some money that was going to lapse and I               
wanted to try to use it as much as possible.  What I was                       
initially looking for because I had a very short window was those              
audits that had a relatively straightforward scope and where it                
had been an audit we had done in the past and there were some                  
pretty clear guidelines.  The ones that we selected was the Board              
of Pharmacy which is a sunset which we do periodically so we                   
could provide audit programs or actual examples of our reports;                
we also have a contract for the Board of Marine Pilots; we have a              
request from Senator Donley asking about ASMI AIDA positions and               
there was already an outstanding contract with Peat Marwick for                
the Salary and Compensation Survey so we asked for an addendum                 
for the same type of issues; and the fourth audit was the Real                 
Estate Surety Fund.  I looked at those; they seemed relatively                 
short time frame.  We put out a request for a proposal.  We sent               
it around to three of the accounting firms.  The reason we used                
accounting firms is I was looking for an audit to be conducted in              
the course of government audit standards.  Basically I think this              
is the first time we have done it.  We are going to have an                    
evaluation of the results of those audits so we can evaluate what              
worked well, what didn't and improve it for the next time.  In a               
larger scope audit we will not necessarily contract everything                 
out. I will probably have our audit staff go in and do some of                 
the planning, develop the work that needs to be done and contract              
for that.                                                                      
                                                                               
Senator Pearce - Do you know if any of those have been                         
subcontracted?  Are they all linked to audit firms?                            
                                                                               
Pat Davidson - Yes.  Except for the Board of Marine Pilots; we                 
have contracted with somebody with experience in that area.                    
                                                                               
Senator Pearce - I attended a Marine Pilot Board teleconference                
meeting last week.  Walt Parker was at the meeting.  Walt is                   
auditing a Board that is not regulating state employees, but                   
involves a state regulated function.  At the same time he is                   
actively engaged in an oversight role he has taken on of the                   
industry and a lot of things that directly effect how pilots do                
their job.  I was surprised that he was conducting this audit                  
while having a relationship that could conflict with the state's               
role in requiring pilots to do or be the best pilots.  A lot of                
money is involved in the industry.  I think he has two hats on.                
What did you go through to decide he was the proper person for                 
the job?                                                                       
                                                                               
Pat Davidson - In that situation what we were doing was hiring an              
expert in the area.  We laid out the things we wanted him to look              
at; we set the scope.  What we recognize is that because he is                 
not an auditor we are going to have to do follow up work on what               
he has done and make sure there is support for everything he is                
saying.  We'll have to do a little more work with that contract                
than with some of the other ones.  But we felt he had a better                 
handle on the issues with marine pilots than most anybody else.                
                                                                               
Senator Torgerson - Did he disclose his potential conflict of                  
interest?                                                                      
                                                                               
Merle Jensen - I did ask Walt if he had any obvious or known                   
conflict of interests.  He said he didn't think he did.  I was                 
unaware of this.  We are going to be monitoring him.  We actually              
used him as an unpaid resource in 1992.  I thought he did a good               
job and we thought some of his information was excellent.                      
                                                                               
Senator Halford - One of the questions is to what degree did he                
inform you of his conflict.  He had a serious obligation to                    
inform you of what his conflict was.  If he didn't he shouldn't                
be there.                                                                      
                                                                               
Senator Pearce - He is actually chairman of some group that makes              
pronouncements on the whole industry.  He has a lot of                         
information that is good.                                                      
                                                                               
Senator Halford - He's been around for a long time.  He is a                   
knowledgeable person but sometime knowledgeable people get                     
disqualified for conflict of interest.                                         
                                                                               
Senator Torgerson - Do you have people sign something that says                
they do not have a conflict so that in a case similar to this you              
have a recourse?  If not, I think you should consider that.                    
                                                                               
Pat Davidson - I'll have to go back and check that contract.                   
                                                                               
Senator Pearce - I know he has made the pilots nervous.                        
                                                                               
Pat Davidson - I'll look into it.                                              
                                                                               
Senator Torgerson - Does the Chairman approve your contracts or                
is that under your discretion?                                                 
                                                                               
Pat Davidson - The procurement code for the state now allows me                
to sign contracts under $25,000.  For the most part, these are                 
ranging anywhere between $5,000 and $8,000.                                    
                                                                               
OTHER BUSINESS - SALARY AND WAGE SURVEY                                        
                                                                               
Representative Therriault - Where do we stand on the salary                    
study?                                                                         
                                                                               
Tom Williams - KPMG expects to have a draft report by the end of               
this month.  They are coming to Juneau on August 7 to review that              
draft report with the Administration and a representative of the               
Committee.   They hope to be able to provide a final report in                 
the weeks thereafter.                                                          
                                                                               
ADJOURNMENT                                                                    
                                                                               
Chairman Phillips adjourned the meeting at approximately 10:40                 
a.m.                                                                           
                                                                               
(End, Tape:  LB&A-982207 Tape 1 Side 2)                                        
                                                                               
                                                                               
LB&A   07/22/98                                                                

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