Legislature(2001 - 2002)
01/30/2001 03:06 PM House RLS
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ 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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