Legislature(2001 - 2002)

01/30/2001 03:06 PM House RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
                 HOUSE RULES STANDING COMMITTEE                                                                               
                        January 30, 2001                                                                                        
                           3:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Pete Kott, Chairman                                                                                              
Representative Brian Porter                                                                                                     
Representative Vic Kohring                                                                                                      
Representative Carl Morgan                                                                                                      
Representative Lesil McGuire                                                                                                    
Representative Ethan Berkowitz                                                                                                  
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
REVISION AND RENEWAL OF STATE CONTRACT                                                                                          
                                                                                                                                
     -CONTRACT APPROVED                                                                                                         
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                              
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
PAM VARNI, Executive Director                                                                                                   
Legislative Affairs Agency                                                                                                      
Terry Miller Building, Room 217                                                                                                 
Juneau, Alaska 99801-1182                                                                                                       
POSITION STATEMENT:  Discussed Ron Somerville's contract.                                                                       
                                                                                                                                
TED POPELY, Majority Legal                                                                                                      
Office Senate/House                                                                                                             
Capitol Building, Room 116                                                                                                      
Juneau, Alaska 99801-1182                                                                                                       
POSITION STATEMENT:  Discussed Ron Somerville's contract.                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-1, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN  PETE KOTT  called the  House  Rules Standing  Committee                                                               
meeting to  order at 3:06  p.m.  Members  present at the  call to                                                               
order  were   Representatives  Kott,  Porter,   Morgan,  McGuire,                                                               
Berkowitz,  and Joule.   Representative  Kohring  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
REVISION AND RENEWAL OF STATE CONTRACT                                                                                        
                                                                                                                                
Number 0008                                                                                                                     
                                                                                                                                
CHAIR KOTT  announced the committee would  review the contractual                                                               
relationship between  the House of Representatives  [Alaska State                                                               
Legislature] and Mr.  Ron Somerville.  This  review was necessary                                                               
because  the  current  contract   has  risen  above  the  $25,000                                                               
threshold this year, as it has  in years past.  He mentioned that                                                               
Mr.  Somerville's immediate  supervisor/project coordinator,  Ted                                                               
Popely, was available via teleconference.                                                                                       
                                                                                                                                
PAM  VARNI,  Executive   Director,  Legislative  Affairs  Agency,                                                               
informed the committee  that she was present  primarily to answer                                                               
any  questions   members  might  have.  She   verified  that  Mr.                                                               
Somerville  had  been  providing   contractual  services  to  the                                                               
legislature for  a number  of years.   She noted  that sufficient                                                               
funds, in  session expenses,  are available  under the  House and                                                               
Senate   Rules  Committee   budgets   for  professional   service                                                               
contracts.  In  response to Chair Kott, Ms.  Varni confirmed that                                                               
Mr. Somerville is  working outside of the  previously agreed upon                                                               
contract.  She informed the  committee that Mr. Somerville's last                                                               
contract terminated on January 20,  2001.  In further response to                                                               
Chair Kott,  Ms. Varni confirmed  that Mr.  Somerville's contract                                                               
is similar to his previous contracts.                                                                                           
                                                                                                                                
Number 049                                                                                                                      
                                                                                                                                
CHAIR KOTT asked if all the  money was expended from the previous                                                               
contract.                                                                                                                       
                                                                                                                                
MS.  VARNI replied  no, as  the  contract has  been amended  over                                                               
time.  For  example, the contract that  Mr. Somerville terminated                                                               
[we'll]  be releasing  $20,000 from  that contract  amount.   She                                                               
specified  that  Mr.  Somerville's  previous  contract  began  in                                                               
January  20, 1999,  for  a  total of  $100,000.   Therefore,  she                                                               
estimated   that  Mr.   Somerville's  1999   and  2000   contract                                                               
[earnings] worked out to approximately $40,000 per year.                                                                        
                                                                                                                                
REPRESENTATIVE  PORTER  informed  the committee  that  the  House                                                               
Rules  Committee started  Mr.  Somerville's  contract some  years                                                               
ago.   The  funding for  the contract  is shared  jointly by  the                                                               
Senate and the  House of Representatives as is the  case with Ted                                                               
Popely and  Emil Notti.  This  team of three will  review federal                                                               
issues and  lawsuits that require the  legislature's involvement.                                                               
He indicated that the Senate  will probably deal with Mr. Notti's                                                               
contract.                                                                                                                       
                                                                                                                                
Number 088                                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOULE inquired  as  to the  work  product of  Mr.                                                               
Somerville.                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER  pointed out that Mr.  Somerville submits a                                                               
monthly  work product  report to  both presiding  officers.   Mr.                                                               
Somerville's work  basically deals with issues  and lawsuits that                                                               
mix with the federal law, such as the Endangered Species Act.                                                                   
                                                                                                                                
REPRESENTATIVE JOULE  asked if  Mr. Somerville's  monthly reports                                                               
were available upon request.                                                                                                    
                                                                                                                                
REPRESENTATIVE PORTER answered in the affirmative.                                                                              
                                                                                                                                
Number 109                                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOULE  asked  if  Mr. Somerville  works  for  the                                                               
legislature or the Majority.                                                                                                    
                                                                                                                                
CHAIR KOTT  explained that  Mr. Somerville  really works  for the                                                               
legislature since he  is funded out of  the legislature's budget.                                                               
Chair Kott noted that Mr.  Somerville works under Mr. Popely, the                                                               
Project Director, who is online.                                                                                                
                                                                                                                                
Number 132                                                                                                                      
                                                                                                                                
REPRESENTATIVE  BERKOWITZ   referred  to   "Exhibit  A"   of  Mr.                                                               
Somerville's  professional   services  contract.     "Exhibit  A"                                                               
states, "The  Senate Rules  Committee is  using the  other person                                                               
who has  the capability to  do this work,  so that person  is not                                                               
available for this contract."   Representative Berkowitz inquired                                                               
as to who "the other person" is.                                                                                                
                                                                                                                                
REPRESENTATIVE  PORTER  deferred  to   Mr.  Popely;  however,  he                                                               
guessed that language referred to Mr. Notti.                                                                                    
                                                                                                                                
TED POPELY,  Majority Legal, Office Senate/House,  confirmed that                                                               
"the other person" is Mr. Notti.                                                                                                
                                                                                                                                
REPRESENTATIVE  BERKOWITZ asked  how the  determination was  made                                                               
that  [Mr.  Somerville]  was  the  only  other  person  with  the                                                               
capability to do this work.                                                                                                     
                                                                                                                                
MR.  POPELY  said  it  is a  subjective  determination  and  many                                                               
factors come  into play with  such a determination, such  as work                                                               
goals  and  experience  level.   Mr.  Popely  remarked  that  Mr.                                                               
Somerville uniquely qualifies for the services that he provides.                                                                
                                                                                                                                
Number 163                                                                                                                      
                                                                                                                                
REPRESENTATIVE BERKOWITZ asked  if there is a  requirement to put                                                               
this contract out to bid.                                                                                                       
                                                                                                                                
MR. POPELY replied no.                                                                                                          
                                                                                                                                
REPRESENTATIVE BERKOWITZ  asked if  Mr. Somerville and  Mr. Notti                                                               
approached Mr. Popely or vice versa.   He also asked if any other                                                               
people approached Mr. Popely.                                                                                                   
                                                                                                                                
MR. POPELY said,  "The approach is -- I can't  give you an answer                                                               
to that,  I approach  him ten  times a  day because  we currently                                                               
work with him  on contract.  The discussion  certainly went along                                                               
the  lines of  'The Majority  and  the Leadership  would like  to                                                               
continue your  contract; are you  interested in doing  the work?'                                                               
The answer was yes  and the decision was made to  bring it to the                                                               
committee's attention for renewal."                                                                                             
                                                                                                                                
CHAIR  KOTT remarked  that  it  is probably  the  best course  of                                                               
action in order to maintain continuity.                                                                                         
                                                                                                                                
REPRESENTATIVE PORTER  pointed out that the  committee has before                                                               
it the approval or disapproval of Mr. Somerville's contract.                                                                    
                                                                                                                                
Number 180                                                                                                                      
                                                                                                                                
REPRESENTATIVE JOULE  asked if [Mr. Somerville's]  contract would                                                               
be considered a sole source contract.                                                                                           
                                                                                                                                
MS. VARNI explained that since  the contract is below the $50,000                                                               
threshold,  a sole  source justification  is not  needed per  the                                                               
procurement procedures.  Once the  contract exceeds $50,000, then                                                               
procurement  and  solicitation  would be  necessary  unless  sole                                                               
source justification was received.                                                                                              
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  asked  if there  are  some  additional                                                               
benefits [with this contract].                                                                                                  
                                                                                                                                
MS.   VARNI   answered   that   [the   contract]   does   exclude                                                               
reimbursement  for expenses.   She  clarified that  reimbursement                                                               
for expenses  does not include  the professional  services, which                                                               
may reach $50,000.01.   She did not recall  Mr. Somerville having                                                               
very high expenses.                                                                                                             
                                                                                                                                
Number 211                                                                                                                      
                                                                                                                                
REPRESENTATIVE  KOHRING questioned  what work  Mr. Somerville  is                                                               
performing that  could be performed  by legislative  staff, legal                                                               
counsel, or  Legal Services.  He  explained that he is  trying to                                                               
determine  whether Mr.  Somerville's contract  is an  appropriate                                                               
expenditure.                                                                                                                    
                                                                                                                                
MR.  POPELY acknowledged  that  Mr. Somerville  could  be made  a                                                               
staff member for the legislature.   However, he believed that Ms.                                                               
Varni  would   confirm  that  such  action   would  substantially                                                               
increase  the costs  for his  services.   Mr. Popely  assured the                                                               
committee that  Mr. Somerville's  work has  been utilized  by the                                                               
vast  majority of  the legislators,  both  Majority and  Minority                                                               
members.     Mr.  Somerville   possesses  unique   knowledge  and                                                               
experience and thus a sole  source requirement would merely be an                                                               
exercise,  in Mr.  Somerville's case.   Mr.  Popely informed  the                                                               
committee that  Mr. Somerville  has a  lifetime with  federal and                                                               
state issues.                                                                                                                   
                                                                                                                                
Number 244                                                                                                                      
                                                                                                                                
REPRESENTATIVE   KOHRING   said   that  he   didn't   doubt   Mr.                                                               
Somerville's ability.  However, he  wanted to be comfortable with                                                               
this   expenditure.     Representative  Kohring   asked  if   Mr.                                                               
Somerville's position is full-time.                                                                                             
                                                                                                                                
MR.  POPELY specified  that  Mr. Somerville  is  not a  full-time                                                               
employee, that is he is not  a state employee.  Mr. Somerville is                                                               
a  contract employee,  who  provides his  own  office and  phone.                                                               
However,  Mr. Somerville  is full-time  in the  sense that  he is                                                               
available, around the clock, during  the interim and the session.                                                               
Mr. Popely  informed the committee  that Mr. Somerville  bills by                                                               
the hour at  a rate of approximately $50 per  hour.  Furthermore,                                                               
Mr. Somerville can only bill [a  maximum of] eight hours per day.                                                               
Mr. Popely assured  the committee that Mr.  Somerville works well                                                               
beyond the hours for which he bills the state.                                                                                  
                                                                                                                                
Number 284                                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOULE  asked  if  Mr.  Somerville  advocated  the                                                               
state's position  - rural  versus Native -  when he  was involved                                                               
with the passage of ANILCA.                                                                                                     
                                                                                                                                
MR.  POPELY said  he  believes  the answer  would  be  no as  Mr.                                                               
Somerville was  not present as  an advocate.  Mr.  Somerville was                                                               
primarily  involved in  locating various  federal land  masses in                                                               
[ANILCA].  Mr. Somerville worked  with the Department of Interior                                                               
and  [Alaska's]  congressional  delegation  in  identifying  what                                                               
issues the  state needed  to protect and  support the  passage of                                                               
ANILCA,  which included  the  designation  of certain  wilderness                                                               
areas, parks,  monuments, and assuring adequate  access to those.                                                               
Therefore, Mr. Popely related his  belief that Mr. Somerville has                                                               
more knowledge of  ANILCA than anyone else he knew  or had worked                                                               
with.   In further response  to Representative Joule,  Mr. Popely                                                               
said that Mr. Somerville didn't work on Title VIII.                                                                             
                                                                                                                                
REPRESENTATIVE JOULE asked if Mr.  Somerville worked on behalf of                                                               
the legislature on the Venetie and Katie John cases.                                                                        
                                                                                                                                
MR. POPELY  answered that Mr.  Somerville advised on  the Venetie                                                             
and Katie John cases.                                                                                                         
                                                                                                                                
Number 320                                                                                                                      
                                                                                                                                
REPRESENTATIVE  PORTER  moved  that  the  committee  approve  the                                                               
extension of the contract for Ron Somerville.                                                                                   
                                                                                                                                
REPRESENTATIVE JOULE objected.                                                                                                  
                                                                                                                                
A  roll call  vote was  taken.   Representatives Porter,  Morgan,                                                               
McGuire,  and  Kott  voted  in  favor  of  the  approval  of  Mr.                                                               
Somerville's contract.   Representatives Kohring,  Berkowitz, and                                                               
Joule voted  against the approval  of Mr.  Somerville's contract.                                                               
Therefore,  the  House  Rules  Standing  Committee  approved  Mr.                                                               
Somerville's contract by a vote of 4-3.                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Rules Standing Committee meeting was adjourned at 3:27 p.m.                                                                     
                                                                                                                                

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