Legislature(2003 - 2004)

01/16/2003 09:20 AM House BUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
<Wednesday mtg was recessed to a call
of the chair>
Minutes, audits, school district cost
study
                         TWENTY-SECOND                                                                                        
                    ALASKA STATE LEGISLATURE                                                                                  
        JOINT COMMITTEE ON LEGISLATIVE BUDGET AND AUDIT                                                                       
                        January 16, 2003                                                                                        
                           9:20 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Gene Therriault, Chair                                                                                                  
Senator Dave Donley                                                                                                             
Senator Randy Phillips (via teleconference)                                                                                     
                                                                                                                                
Representative Hugh Fate, Vice Chair (via teleconference)                                                                       
Representative John Harris                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Ken Lancaster (via teleconference)                                                                               
Representative John Davies, alternate (via teleconference)                                                                      
Representative Bill Williams, alternate (via teleconference)                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lyman Hoffman                                                                                                           
Senator Jerry Ward                                                                                                              
Senator Gary Wilken, alternate                                                                                                  
                                                                                                                                
Representative Eldon Mulder                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SCHOOL DISTRICT COST STUDY                                                                                                      
OTHER COMMITTEE BUSINESS                                                                                                        
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
No witnesses to record                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
[NOTE:  This meeting, although held in 2003, is part of the                                                                     
Twenty-Second Alaska State Legislature.]                                                                                        
                                                                                                                                
TAPE 02-15, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  GENE   THERRIAULT  reconvened   the  Joint   Committee  on                                                               
Legislative Budget  and Audit meeting  [recessed the  day before]                                                               
at 9:20 a.m.  Members present  at the call to order were Senators                                                               
Therriault   and   Donley,    and   Representatives   Fate   (via                                                               
teleconference),   Harris,    Lancaster   (via   teleconference),                                                               
Williams (via  teleconference), and Davies  (via teleconference).                                                               
Representative  Joule and  Senator Phillips  (via teleconference)                                                               
joined the meeting while it was in progress.                                                                                    
                                                                                                                                
SCHOOL DISTRICT COST STUDY                                                                                                    
                                                                                                                                
Number 0123                                                                                                                     
                                                                                                                                
CHAIR THERRIAULT  announced that  the committee would  again take                                                               
up the  issue of  the School  District Cost  Study, which  is now                                                               
finished,  ready  to  be  accepted  by  the  Joint  Committee  on                                                               
Legislative  Budget   and  Audit,  and  then   presented  to  the                                                               
legislature.  He noted that  the issues regarding the methodology                                                               
of  the  study   and  the  drafting  of  the   RFP  (request  for                                                               
proposals), in addition to being  discussed on 1/15/03, have also                                                               
been  discussed several  times by  the oversight  committee.   He                                                               
ventured that  all members  of the committee  have had  access to                                                               
the  directives  that   were  given  to  the   contractor.    The                                                               
contractor has  performed the  work, he  stated, adding  that the                                                               
study  was originally  due on  December 15,  2002, but  due to  a                                                               
little  bit  of  concern  regarding   differences  in  data,  the                                                               
steering  committee asked  the contractor  to  get together  with                                                               
members of  the Alaska Association  of School  Business Officials                                                               
(ALASBO) just  to make sure that  all data coming in  from school                                                               
districts was  reported consistently.   Therefore,  he explained,                                                               
the  consultant  was  given  a   little  bit  of  extra  time  to                                                               
incorporate  that work,  that  work was  completed,  and now  the                                                               
study is before the committee.                                                                                                  
                                                                                                                                
REPRESENTATIVE  HARRIS   mentioned  that  one  of   the  concerns                                                               
expressed  [the  day  before] was  that  the  technical  section,                                                               
Volume 2, had not  yet been seen by any of  the members; Volume 2                                                               
is now available, he added.                                                                                                     
                                                                                                                                
CHAIR THERRIAULT noted that at  the steering-committee level, the                                                               
issue  of  how  the  study  would look  in  its  final  form  was                                                               
discussed, resulting in the development  of two separate volumes:                                                               
Volume 1, which contains the  narrative, and Volume 2, which just                                                               
contains the technical data.                                                                                                    
                                                                                                                                
REPRESENTATIVE FATE  mentioned that  at the prior  meeting, there                                                               
was also some confusion expressed  regarding the criteria used in                                                               
the  RFP  that directed  the  study.    He relayed  that  Senator                                                               
Hoffman  had  expressed  some  concern   that  "needs"  were  not                                                               
included in  the RFP and,  thus, the  study did not  address that                                                               
issue.                                                                                                                          
                                                                                                                                
CHAIR THERRIAULT  confirmed that the consultant  was specifically                                                               
told  that the  study  was  not to  address  either "adequacy  of                                                               
education funding" or "needs out  in different districts."  "This                                                               
was specifically a  study to look at our  'area cost differential                                                               
numbers,' and  come up with  new suggested numbers for  area cost                                                               
differential,"  he explained.    He  said that  he  looks at  the                                                               
overall K-12 funding  issue and the "student dollar  amount" as a                                                               
policy call for the legislature [to make].  He added:                                                                           
                                                                                                                                
     We  all  hear from  our  individual  districts ...  for                                                                    
     additional money.   This study specifically  looked at,                                                                    
     "If  you  have  a  dollar  to  spend  on  education  in                                                                    
     Anchorage Alaska"  - if Anchorage  is to  be considered                                                                    
     the base  - "what number  must you multiply that  by to                                                                    
     get the same 'education  purchasing power' in Nulato or                                                                    
     in  Fairbanks?"   That  is  specifically  what the  ...                                                                    
     contractor ... was told to look at.                                                                                        
                                                                                                                                
Number 0711                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DAVIES observed  that there  are three  different                                                               
areas of concern:                                                                                                               
                                                                                                                                
     I  think  the  first  kind of  technical  concern  that                                                                    
     mostly   was   represented  by   [Senator]   Phillips's                                                                    
     problems was that  ... most of us  received this report                                                                    
     late yesterday,  and I would  suggest that  most people                                                                    
     haven't had a chance to read  it.  Nobody, I think, has                                                                    
     received Volume  2, so I think  that [Senator Phillips]                                                                    
     has  concerns  - and  I  still  have concerns  -  about                                                                    
     voting  to  release  it  to   the  public  without  the                                                                    
     committee  actually having  a chance  to ...  digest it                                                                    
     and ... have an informed discussion  on it.  So I think                                                                    
     that's one general area of concern.                                                                                        
                                                                                                                                
     With  respect to  the technical  issue  of whether  the                                                                    
     committee should  accept the report for  payment of the                                                                    
     contractor,  I think  that  ... could  be  viewed as  a                                                                    
     separate issue.   And I wouldn't have  any problem, ...                                                                    
     in the  amount of time that  I've had to review  it, in                                                                    
     saying,  "Yeah, I  believe the  contractor did  the job                                                                    
     that the  RFP requested  of them."   So on  that narrow                                                                    
     question, I  wouldn't have  any problem  saying, "Yeah,                                                                    
     the committee should accept the  report for purposes of                                                                    
     payment of the contractor."   So ..., that's the second                                                                    
     issue, I think.                                                                                                            
                                                                                                                                
REPRESENTATIVE DAVIES continued:                                                                                                
                                                                                                                                
     The third, larger issue, though,  I think, was the area                                                                    
     that Senator  Hoffman had concerns about,  and that was                                                                    
     the narrow  interpretation of  what the  contractor was                                                                    
     actually doing.   And I  think that that's  still going                                                                    
     to be an issue that  the legislature's going to have to                                                                    
     debate - I agree with you  on that ...; SB 36 [from the                                                                    
     20th legislature], one of  the provisions there, called                                                                    
     for an adequacy  study, [and] this, as  you've said, is                                                                    
     clearly not an adequacy study.                                                                                             
                                                                                                                                
     It does what you've said  it does, it narrowly looks at                                                                    
     what  (indisc. -  teleconference line  interference) to                                                                    
     provide  a certain  restricted educational  service; it                                                                    
     doesn't look  at other  special services,  for example.                                                                    
     And  so (indisc.  -  teleconference line  interference)                                                                    
     said  that   for  the  services  that   are  studied  -                                                                    
     specifically,  the  cost  of  personnel,  the  cost  of                                                                    
     energy services, the cost of  supplies, and the cost of                                                                    
     travel  - I  think it  does a  good job  of identifying                                                                    
     what those differences are around the state of Alaska.                                                                     
                                                                                                                                
Number 0978                                                                                                                     
                                                                                                                                
     But the larger  question is, "If you spend  a dollar in                                                                    
     Anchorage, what  is the amount  that you have  to spend                                                                    
     in other districts to get  the same educational value?"                                                                    
     That's a completely different  question than (indisc. -                                                                    
     teleconference  line interference).    And  so I  think                                                                    
     that that's  where the legislative  debate is  going to                                                                    
     remain,  and I  guess  there's a  question  in my  mind                                                                    
     about ...  what this  study represents when  we release                                                                    
     it to the  public.  And so  I think it ...  needs to be                                                                    
     made very  clear that  ... it  answers a  fairly narrow                                                                    
     question and  that there's a much  larger question left                                                                    
     to be discussed.                                                                                                           
                                                                                                                                
CHAIR  THERRIAULT  remarked that  the  study  would certainly  be                                                               
debated during  the committee [process] of  the legislature; it's                                                               
the policy  call of the  next legislature to determine  what they                                                               
will do with  the information provided by the study.   He offered                                                               
his opinion that the consultant has  done the work as directed by                                                               
the RFP.                                                                                                                        
                                                                                                                                
REPRESENTATIVE DAVIES  said that  he does  not disagree  that the                                                               
contractor has done  the work, and that he is  willing to vote to                                                               
pay  the contractor.    He pointed  out,  however, that  clearly,                                                               
committee members have not had enough  time to read the report in                                                               
enough  detail that  they could  ask pertinent  questions of  the                                                               
contractor.   He  observed that  there hasn't  yet been  [a Joint                                                               
Committee  on  Legislative Budget  and  Audit]  meeting in  which                                                               
members have read  the report and were prepared  to ask questions                                                               
of   the  contractor,   followed   by   a  subsequent   committee                                                               
discussion.                                                                                                                     
                                                                                                                                
Number 1256                                                                                                                     
                                                                                                                                
REPRESENTATIVE HARRIS  made a motion  that "the  committee accept                                                               
the School  District Cost Study  as a  final product and  make it                                                               
available to the public."                                                                                                       
                                                                                                                                
Number 1307                                                                                                                     
                                                                                                                                
REPRESENTATIVE DAVIES objected.                                                                                                 
                                                                                                                                
Number 1352                                                                                                                     
                                                                                                                                
A roll call  vote was taken.   Representatives Harris, Lancaster,                                                               
and Fate, and Senators Phillips,  Donley, and Therriault voted in                                                               
favor  of accepting  the School  District Cost  Study as  a final                                                               
product and  making it available  to the public.   Representative                                                               
Davies voted  against it.   Therefore, the  motion to  accept the                                                               
School  District  Cost Study  as  a  final  product and  make  it                                                               
available to the public passed by a vote of 6-1.                                                                                
                                                                                                                                
CHAIR THERRIAULT  noted that  both volumes of  the study  are now                                                               
available to the  public, and that copies of Volume  2 would soon                                                               
be sent on to the members that participated via teleconference.                                                                 
                                                                                                                                
OTHER COMMITTEE BUSINESS                                                                                                      
                                                                                                                                
Number 1448                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HARRIS made  a motion  to  "authorize you  [Chair                                                               
Therriault]  to review  the  final legal  billings  of Volland  &                                                               
Taylor and make that payment as you determine reasonable."                                                                      
                                                                                                                                
CHAIR  THERRIAULT  noted that  in  reviewing  Volland &  Taylor's                                                               
previous billings,  in one  area there was  a very  small billing                                                               
that appeared to  be duplicative:  "a person chose  to attend the                                                               
supreme court  hearing, and billed  us for that when  they should                                                               
not have."   He  relayed that  that [item] was  turned down.   He                                                               
also noted  that there  was a dispute  over some  archiving fees,                                                               
and relayed  his opinion that  when any law office  performs work                                                               
for a client, that client should  expect, at the end of the case,                                                               
to be  able to  get a  copy of his/her  file without  bearing the                                                               
expense of  that file being  maintained in reasonable order.   He                                                               
said that he intends to look at  that amount - $1,300 to $1,500 -                                                               
using "the same methodology."                                                                                                   
                                                                                                                                
Number 1635                                                                                                                     
                                                                                                                                
SENATOR PHILLIPS objected to the motion.                                                                                        
                                                                                                                                
Number 1730                                                                                                                     
                                                                                                                                
A roll call  vote was taken.   Representatives Harris, Lancaster,                                                               
Joule,  Davies,  and Fate,  and  Senators  Donley and  Therriault                                                               
voted in  favor of  the motion.   Senator Phillips  voted against                                                               
it.     Therefore,   the  motion   to   grant  Chair   Therriault                                                               
authorization regarding  the Volland & Taylor  billings passed by                                                               
a vote of 7-1.                                                                                                                  
                                                                                                                                
CHAIR THERRIAULT,  on the  issue of  "the Veterans'  Home Study,"                                                               
noted that  the steering  committee is about  to make  a decision                                                               
between  the two  RFP proposals,  adding that  the current  Joint                                                               
Committee on Legislative Budget and  Audit would be accepting one                                                               
of those proposals before the  new Joint Committee on Legislative                                                               
Budget and Audit takes over.                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 1907                                                                                                                     
                                                                                                                                
There being no  further business before the  committee, the Joint                                                               
Committee on  Legislative Budget and Audit  meeting was adjourned                                                               
at 9:40 a.m.                                                                                                                    

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