Legislature(2017 - 2018)BUTROVICH 205

03/14/2017 03:30 PM Senate STATE AFFAIRS

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03:31:34 PM Start
03:31:51 PM Confirmation Hearing: Alaska Public Offices Commission|| Confirmation Hearing: Alaska Police Standards Council
04:19:38 PM SB31
04:48:35 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Review of Governor's Appointees: TELECONFERENCED
-- Public Testimony <Limited to 3 Minutes> --
Adam Schwemley - APOC
Robert Clift - APOC
Bryce Johnson - Alaska Police Standards Council
*+ SB 31 NO ST. EMPLOYEE PAY INCREASE FOR 2 YRS TELECONFERENCED
Moved SB 31 Out of Committee
-- Public Testimony <Limited to 3 Minutes> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 31-NO STATE EMPLOYEE PAY INCREASE FOR 2 YEARS                                                                    
                                                                                                                              
4:19:38 PM                                                                                                                    
CHAIR DUNLEAVY called  the committee back to  order. He announced                                                               
the consideration of SB 31.                                                                                                     
                                                                                                                                
4:20:04 PM                                                                                                                    
LESLIE   RIDLE,  Deputy   Commissioner,   Alaska  Department   of                                                               
Administration, Juneau, Alaska, provided an  overview of SB 31 as                                                               
follows:                                                                                                                        
                                                                                                                                
   · Pay increases could occur in non-covered employees in the                                                                  
     form of:                                                                                                                   
        o Cost of Living Allowance (COLA),                                                                                      
        o Merit increases (3.5 percent every year for 5 years),                                                                 
       o Pay increments (3.25 percent every other year),                                                                        
        o Bonuses.                                                                                                              
   · Allows the governor to reduce his salary.                                                                                  
   · Effective for 2 years: July 1, 2017 - June 30, 2019.                                                                       
                                                                                                                                
SENATOR  COGHILL asked  that Ms.  Ridle explain  "non-exempt" and                                                               
the difference between "merit" and "pay increases."                                                                             
                                                                                                                                
MS. RIDLE  explained that "non-classified" is  everybody in state                                                               
government  who is  not  in a  union and  "classified"  are in  a                                                               
union.  She specified  that  SB  31 would  only  affect the  non-                                                               
classified employees whereas bargaining  would have to occur with                                                               
classified employees  and that is  why through statute  the state                                                               
could only work with the non-classified employees.                                                                              
                                                                                                                                
She explained that  merit increases are the  first-five years for                                                               
every  year and  pay increments  are every-other  year. She  said                                                               
merit increases  occur when going from  one step to the  next one                                                               
every  year for  five years  at  3.5 percent  and pay  increments                                                               
occur every other year at 3.25 percent.                                                                                         
                                                                                                                                
SENATOR  COGHILL   commented  that   term  "merit"   should  mean                                                               
increased value and not automatic.  He stated that he is probably                                                               
going to agree  with the bill, but noted that  he does not always                                                               
agree with the definitions.                                                                                                     
                                                                                                                                
4:23:27 PM                                                                                                                    
MS. RIDLE  addressed the two  types of  non-classified employees:                                                               
exempt and partially exempt:                                                                                                    
                                                                                                                                
   · Exempt:                                                                                                                    
        o Can only be exempt through statute, (AS 39.25.110);                                                                   
        o Exempt from Personnel Act and statutory pay plan;                                                                     
       o Examples: Governor's Office, Legislative staff.                                                                        
   · Partially Exempt:                                                                                                          
        o Through statute or Personnel Board;                                                                                   
       o Subject to Personnel Act and statutory pay plan;                                                                       
        o Examples: Deputy commissioners, directors.                                                                            
                                                                                                                                
MS. RIDLE addressed who the bill includes as follows:                                                                           
                                                                                                                                
   · Employees not covered under a collective bargaining                                                                        
     agreement in the executive branch, including: employees of                                                                 
     boards, commissions, authorities, and executive officers;                                                                  
   · Employees in the legislative branch;                                                                                       
   · Employees not covered under a collective bargaining                                                                        
     agreement of the University of Alaska;                                                                                     
   · The governor, lieutenant governor, department heads, and                                                                   
     legislators.                                                                                                               
   · Does not include the court system.                                                                                         
                                                                                                                                
SENATOR COGHILL  asked if corporations  are included in  the bill                                                               
and noted that some corporations are very independent.                                                                          
                                                                                                                                
MS.  RIDLE answered  that the  corporations are  included in  the                                                               
bill.                                                                                                                           
                                                                                                                                
She  set  forth  that  SB  31  was  introduced  as  part  of  the                                                               
administration's ongoing effort to lead by example to:                                                                          
                                                                                                                                
   · Reduce state expenditures,                                                                                                 
   · Address serious budget shortfalls.                                                                                         
                                                                                                                                
4:25:59 PM                                                                                                                    
She detailed the estimated savings from SB 31 as follows:                                                                       
                                                                                                                                
   · Employees affected:                                                                                                        
        o 5,000 state employees are in the executive and                                                                        
          legislative branches.                                                                                                 
        o 23 percent of state employees are in the executive and                                                                
          legislative branches.                                                                                                 
   · Savings:                                                                                                                   
        o FY2018: $2.3 million ($1 million UGF),                                                                                
        o FY2019: $1.9 million ($0.8 billion UGF),                                                                              
        o Total: $4.2 million ($1.8 million UGF).                                                                               
                                                                                                                                
SENATOR GIESSEL asked  if the governor was imposing  a pay freeze                                                               
on  the next  administration through  mid-2019 to  capture every-                                                               
other-year people.                                                                                                              
                                                                                                                                
MS. RIDLE answered yes.                                                                                                         
                                                                                                                                
SENATOR GIESSEL  inquired if pay  increases occur  throughout the                                                               
year on date-of-hire anniversaries.                                                                                             
                                                                                                                                
MS. RIDLE answered  yes. She explained that  everyday someone has                                                               
a merit  anniversary date. She said  going from a fiscal  year to                                                               
the  next  fiscal   year  seemed  to  be  the   cleanest  to  the                                                               
administration.                                                                                                                 
                                                                                                                                
SENATOR  COGHILL  remarked  that  his biggest  criticism  is  the                                                               
bill's  intent  language. He  said  the  governor is  saying  the                                                               
"legislature intends"  rather than the "governor  finds." He said                                                               
he would  not stop  the bill,  but noted that  he would  flag the                                                               
intent language  for the Senate  Finance Committee to  review and                                                               
encouraged  the administration  to think  of a  different way  of                                                               
formulating the bill's intent language.                                                                                         
                                                                                                                                
4:29:32 PM                                                                                                                    
CHAIR DUNLEAVY opened public testimony on SB 31.                                                                                
                                                                                                                                
4:29:53 PM                                                                                                                    
JAKE  METCALFE, representing  self, Anchorage,  Alaska, testified                                                               
in  opposition to  SB  31.  He noted  that  he  is the  executive                                                               
director  of   the  Public  Safety  Employees   Association,  but                                                               
emphasized  that he  was speaking  on his  own behalf.  He opined                                                               
that  the  legislation is  a  governor's  bill which  is  setting                                                               
legislative pay  and that  seemed to  him to  be a  separation of                                                               
powers issue. He added that the  bill does not apply to the court                                                               
system  as  well.  He  opined  that  the  legislation  will  have                                                               
unintended consequences such as running good people off.                                                                        
                                                                                                                                
CHAIR DUNLEAVY  closed public testimony  on SB 31. He  noted that                                                               
constituents  have  asked him  to  address  salary overrides.  He                                                               
asked that the concept of salary overrides be explained.                                                                        
                                                                                                                                
4:35:01 PM                                                                                                                    
KATE  SHEEHAN,   Director,  Division   of  Personnel   and  Labor                                                               
Relations, Alaska  Department of Administration,  Juneau, Alaska,                                                               
explained that there are misperceptions  on salary overrides. She                                                               
noted that an individual hired at  a higher step gets confused as                                                               
a salary  override, but  the practice is  in the  personnel rules                                                               
and  is  bargained  into collective  bargaining  agreements.  She                                                               
detailed various scenarios for salary overrides as follows:                                                                     
                                                                                                                                
   · People hired above the entry-level step because they have                                                                  
     exceptional qualifications;                                                                                                
   · Recruitment difficulties;                                                                                                  
   · Geographical differential rate changes, but an employee's                                                                  
     higher salary is held harmless and frozen;                                                                                 
   · Position is reclassified to a lower range, but an                                                                          
     employee's higher salary is held harmless and frozen.                                                                      
                                                                                                                                
MS. SHEEHAN  disclosed that in  2013, Senate Bill 95  allowed the                                                               
governor's office  to certify  hiring at a  step higher  than the                                                               
entry level step due to a  policy reason. She noted that the hire                                                               
is  usually  for a  high-level  position  where a  director-level                                                               
salary would  not be high enough  to attract somebody due  to the                                                               
type of work that needs to be performed.                                                                                        
                                                                                                                                
CHAIR DUNLEAVY asked  that Ms. Sheehan supply  the committee with                                                               
information on all  the salary overrides that  have occurred over                                                               
the  last two  years.  He asked  if the  number  of overrides  is                                                               
expansive or just a handful.                                                                                                    
                                                                                                                                
MS. SHEEHAN  replied that she  would investigate and get  back to                                                               
the  committee.  She  noted  that  there were  a  lot  of  salary                                                               
overrides,  primarily   due  to   geographical-differential  rate                                                               
changes.                                                                                                                        
                                                                                                                                
4:37:48 PM                                                                                                                    
CHAIR  DUNLEAVY asked  that  override  information be  delineated                                                               
over  the  past  two  years  by  department,  division,  and  the                                                               
governor's office  that includes  details on:  override salaries,                                                               
what  the salaries  would  have been  without  overrides, and  an                                                               
explanation. He noted that some  of his constituents are laid off                                                               
and are  asking him why  the government  is hiring with  a salary                                                               
override and is  potentially on the verge of  reaching into their                                                               
pockets via an income tax.                                                                                                      
                                                                                                                                
SENATOR WILSON  asked why the  court system  was left out  of the                                                               
bill.                                                                                                                           
                                                                                                                                
MS. RIDLE answered that the exclusion  was due to a separation of                                                               
powers and detailed as follows:                                                                                                 
                                                                                                                                
     Because the  governor has a  chance to make  a decision                                                                    
     on  this  bill, if  it  does  pass  in some  form,  the                                                                    
     Legislature  has  a chance  to  weigh  in on  the  bill                                                                    
     through the  committee process  and the  floor process,                                                                    
     but the  courts would not  have any  way to have  a say                                                                    
     other than  public testimony and,  so we left  them out                                                                    
     because  of  the  separations  of  power  because  they                                                                    
     weren't able to participate in the bill.                                                                                   
                                                                                                                                
SENATOR EGAN commented that he  appreciated what the governor was                                                               
trying to  do, but did  not agree how he  was going about  it. He                                                               
opined  that targeting  employees  not  covered under  collective                                                               
bargaining will drive them to get into collective bargaining.                                                                   
                                                                                                                                
CHAIR  DUNLEAVY asked  for  an explanation  why  the governor  is                                                               
putting his  salary in the bill  for a limited time.  He inquired                                                               
why the  governor did  not consider donating  part of  his salary                                                               
back to the treasury.                                                                                                           
                                                                                                                                
MS.  RIDLE answered  that  the  cleanest way  was  to reduce  his                                                               
salary rather than having to pay  for benefits and taxes prior to                                                               
denoting back to the treasury.                                                                                                  
                                                                                                                                
4:41:36 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
4:43:38 PM                                                                                                                    
CHAIR DUNLEAVY called the committee back to order.                                                                              
                                                                                                                                
SENATOR  COGHILL  addressed  page  2,  line  2  in  SB  31,  "The                                                               
legislature is 'eliminating' general  pay increases." He remarked                                                               
that "eliminating"  seemed like a  strong word to him  because it                                                               
is  eliminating for  2  years,  fiscal years  2018  and 2019.  He                                                               
opined that  the use of  the word "suspending" be  considered. He                                                               
asked that legal counsel provide some insight.                                                                                  
                                                                                                                                
4:44:47 PM                                                                                                                    
WILLIAM   MILKS,  Senior   Assistant   Attorney  General,   Civil                                                               
Division, Labor  and State Affairs Section,  Alaska Department of                                                               
Law, Juneau,  Alaska, replied that perhaps  the word "suspending"                                                               
is  a better  word,  but  the intent  was  not  to introduce  any                                                               
ambiguity that a  retroactive situation creates. He  said the use                                                               
of  the word  "suspend"  or  another term  would  be taken  under                                                               
advisement as better than "eliminating."                                                                                        
                                                                                                                                
SENATOR COGHILL commented that the  plain language in the bill is                                                               
clear regarding  a salary  suspension for  two years,  but voiced                                                               
that he  did not like  the governor speaking for  the Legislature                                                               
just yet.                                                                                                                       
                                                                                                                                
4:46:17 PM                                                                                                                    
SENATOR GIESSEL moved to report  SB 31, version 30-GS1018\A, from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note.                                                                                                                           
                                                                                                                                
4:46:28 PM                                                                                                                    
CHAIR DUNLEAVY announced  that hearing no objection,  SB 31 moved                                                               
from the Senate State Affairs Standing Committee.                                                                               
                                                                                                                                
4:46:42 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
4:47:05 PM                                                                                                                    
CHAIR DUNLEAVY called the committee  back to order. He reiterated                                                               
that  SB  31,  version  A,   has  moved  out  of  committee  with                                                               
individual recommendations and attached fiscal note.                                                                            

Document Name Date/Time Subjects
SB 31 Fiscal Note.pdf SSTA 3/14/2017 3:30:00 PM
SB 31
SB 31 Sectional Analysis.pdf SSTA 3/14/2017 3:30:00 PM
SB 31
SB 31 Sponsor Statement.pdf SSTA 3/14/2017 3:30:00 PM
SB 31
SB 31, Version A.pdf SSTA 3/14/2017 3:30:00 PM
SB 31
SB 31_DOA Presentation_STA_3.14.17.pdf SSTA 3/14/2017 3:30:00 PM
SB 31