Legislature(2003 - 2004)
02/25/2003 08:01 AM House STA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 25, 2003
8:01 a.m.
MEMBERS PRESENT
Representative Bruce Weyhrauch, Chair
Representative Jim Holm, Vice Chair
Representative Nancy Dahlstrom
Representative Bob Lynn
Representative Paul Seaton
Representative Ethan Berkowitz
MEMBERS ABSENT
Representative Max Gruenberg
COMMITTEE CALENDAR
CONFIRMATION HEARING
Commissioner, Department of Administration
Mike Miller - Juneau
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 15
"An Act relating to establishing the Alaska No-Call List, a data
base of residential telephone customers who do not wish to
receive telephonic solicitations; providing that the data base
be compiled at no cost to the customers; requiring paid
telephonic sellers to purchase the data base; requiring
telephonic sellers to identify themselves; requiring telephonic
solicitors who are otherwise exempt from registration as
telephonic solicitors to file with the Department of Law and
purchase the data base; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS ACTION
No previous action to record
WITNESS REGISTER
MIKE MILLER, Commissioner
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Testified as appointed commissioner of the
Department of Administration.
ACTION NARRATIVE
TAPE 03-13, SIDE A
Number 0001
CHAIR BRUCE WEYHRAUCH called the House State Affairs Standing
Committee meeting to order at 8:01 a.m. Representatives Holm,
Seaton, Berkowitz, and Weyhrauch were present at the call to
order. Representatives Dahlstrom and Lynn arrived as the
meeting was in progress.
CONFIRMATION HEARING
Commissioner, Department of Administration
Number 0030
CHAIR WEYHRAUCH announced that the committee would consider the
appointment of Mike Miller to the position of commissioner of
the Department of Administration. He commented that Mr. Miller
comes before the committee with an extensive background. He
invited Mr. Miller to provide opening remarks and answer
questions.
Number 0206
MIKE MILLER, Commissioner, Department of Administration (DOA),
told the committee he was born in Fairbanks and raised in North
Pole. He received all of his education in Alaska, including
some studies at the University of Alaska. He spent some time in
the Alaska Air National Guard in the early '70s. He noted that
he grew up "in a family business", since his parents started the
Santa Clause House [in North Pole] in 1952. He worked for a
short time on the Trans-Alaska Pipeline, and worked in a
warehouse in Fairbanks for five years as a Teamster.
COMMISSIONER MILLER told members that in 1976 he was elected to
the North Pole City Council and served for four years. He
opined that spending time on local government is much tougher
than spending time in state government, saying the issues are
different and people take it much more personally. He noted
that he was elected to the state House of Representatives in
[1982] and spent ten years there, followed by eight years in the
Senate. During that time, he held a number of chairmanships, as
well as the office of Senate president from 1997-1998, which he
said was the highlight of his Senate tenure.
COMMISSIONER MILLER told the committee that he has been involved
in a number of church, local, and other political activities, in
organizations such as the Fairbanks Chamber of Commerce and the
North Pole Chamber of Commerce; last year, he was elected vice
chairman of the North Pole Housing Association. He said he is
married, has two daughters, and is a grandfather.
Number 0528
REPRESENTATIVE BERKOWITZ asked Commissioner Miller to comment on
reorganization of the department.
COMMISSIONER MILLER said there has been discussion of
reorganization, but it isn't concrete yet. One question being
asked is whether some services currently provided by DOA could
be better provided by the Department of Health & Social Services
(DHSS), such as some senior services. In further response, he
said the public defender's office and OPA [Office of Public
Advocacy] will stay within DOA. In response to a question by
Chair Weyhrauch, he indicated there had been discussion of
whether the Department of Law or the courts might be a place
where those would fit in; however, the courts are a separate
branch of government and weren't interested, and there could
have been some conflict of interest. Thus those two agencies
will remain within DOA, where there isn't a conflict of
interest. He said that he's gotten to know the two directors
there; he opined that they're doing a good job. He added that
the job of public defender isn't a popular one.
Number 0728
CHAIR WEYHRAUCH said there's talk of forming a centralized panel
of hearing officers. He asked Commissioner Miller how many
divisions within DOA have their own hearing officers.
COMMISSIONER MILLER said he didn't know, but could find out in
time for the upcoming department overview [before this
committee]. He said the idea was centered on the tax office set
up a number of years ago in DOA. He said he has talked to a
number of individuals who have gone through that process; even
those who'd lost had believed they received due process. He
stated that it is his goal to work with the legislature "to see
if we can set this up, but we may not be able to set it up." He
expressed the desire to ensure that it's cost-effective and will
work, and indicated the form it would take isn't set yet; it's
an evolving process. He added, "The legislature's taking the
lead on that, and we're just offering any assistance."
Number 0876
REPRESENTATIVE BERKOWITZ asked Commissioner Miller to describe
his philosophy towards the state employee unions and what
approaches he would be taking regarding recruiting and
retention.
COMMISSIONER MILLER replied that he thinks that the workforce in
the State of Alaska is very important. There are 12 separate
contracts currently being negotiated. He indicated that there
is an offer on the table from the administration, which includes
$75 a month for health insurance and "a one-year rollover on the
contract." He noted that a number of the unions are discussing
[contracts]. He said [DOA] is working closely with its "labor
people" to understand each contract. As for recruitment, he
opined that there were very helpful things done by the prior
administration. He mentioned Workplace Alaska as a good tool to
recruit people into state service.
COMMISSIONER MILLER offered his philosophy that the state needs
a well-trained and well-paid workforce; however, it does not
need to be at the top or bottom of the [pay] scale. He said he
has found his employees to be very dedicated public servants.
He posited that this is true of 99.9 percent of state workers.
He said he would work hard to make sure that qualified people
fill jobs. He noted that he has already [approved] a number of
travel requests for people who need "upgrading in education."
Number 1083
CHAIR WEYHRAUCH asked who is working as liaison with the unions
in the negotiation of contracts.
COMMISSIONER MILLER answered that [Governor Murkowski] brought
in Andy Warwick and Bill Hudson, both former legislators and
former commissioners of [DOA]. He said they've started to do
some of the groundwork regarding the monetary issues on the
upcoming contracts that will be expiring June 30 [2003], to his
belief. He also mentioned a "labor relations department" within
DOA, and [Art] Chance, who is the manager of that division and
does the legwork and the negotiations of the contracts.
Number 1175
CHAIR WEYHRAUCH asked Commissioner Miller what his priorities in
DOA are.
COMMISSIONER MILLER answered that, first, he wants to make DOA a
very well-rounded department. He said he has told some of
directors that he will place high standards on the department
and wants it to be a template for how other agencies should run
- open and overboard. He added, "We're charged with delivering
a service to the people of the state of Alaska, and we take our
orders from the legislature and from the governor, and whatever
those services are that we're supposed to deliver, my charge is
to deliver them efficiently and properly."
Number 1263
REPRESENTATIVE SEATON noted that one major theme set forth by
[Governor Murkowski] is streamlining regulations. He asked
Commissioner Miller if that would also be a goal for DOA.
COMMISSIONER MILLER answered that it should be a goal of all
departments, to make regulations understandable to the average
person in Alaska. He said he is [aware] that regulations
sometimes don't follow legislative intent. He said another of
his goals is that [regulations] should follow legislative intent
and, if the intent is unclear, he said it will be his charge to
ask the legislature for clarification.
Number 1368
REPRESENTATIVE SEATON referred to APOC [Alaska Public Offices
Commission] and mentioned an "almost unintelligible set of
regulations and instructions. He asked, "Will that be one of
the areas that you try to make clear, within the Department of
Administration?"
COMMISSIONER MILLER answered that [DOA] needs to work with the
board [of APOC] in finding out the intent of the regulations.
Number 1436
REPRESENTATIVE BERKOWITZ said, "We've heard that you've gone
through 5 and 10 percent cut scenarios, and you know how
frustrating it is to sit on this side of the table and ask for
something and not get them." He indicated that Commissioner
Miller may have some sympathy for [the legislature's] plight,
and asked him for his views regarding a 5 and 10 percent
scenario for DOA.
COMMISSIONER MILLER replied that the department "threw out those
5 and 10 percent scenarios" because some of them didn't make
sense. For example, there's no way that OPA and the public
defenders could take even a 1 percent cut. He mentioned a
supplemental budget asking for more money. He said each section
within his department was considered for cuts; he cited examples
including the commissioner's office and the Division of Motor
Vehicles (DMV). In further response, he said public
broadcasting will probably "take a small hit" of less than 10
percent.
Number 1560
CHAIR WEYHRAUCH said the legislature uses intent language "to
help guide implementation of individual or collective concepts
or priorities." He asked Commissioner Miller what his
philosophy is regarding intent language.
COMMISSIONER MILLER responded that he is a very strong believer
in intent language and in "the legislative side of the aisle in
giving guidance to the administration on the direction [it]
wants to see a program go." He explained that this is the
reason he wants to ensure that when regulations are written, the
intent of legislation is followed. He said if there is intent
language that cannot be implemented, he will be the first person
to tell the legislature why it cannot be done. He concluded
that it will be his intent to follow the direction of the
legislature, whether it be in the actual statute or in intent
language.
Number 1640
REPRESENTATIVE BERKOWITZ pointed out that intent language
normally is attached to the budget and expresses legislative
intent. He noted that the argument against intent language is
that it's outside the scope of what's appropriate in a budget.
He added, "The governor has, I think, uniformly ... disregarded
intent language, and it's always a contentious issue."
CHAIR WEYHRAUCH asked Commissioner Miller why he is qualified to
be the commissioner of DOA.
COMMISSIONER MILLER said he has asked himself the same question,
and was both surprised and pleased when the governor called him.
The department has such a wide range of issues that it deals
with, including public defenders, Pioneers' Homes, and DMV; he
said sometimes it's hard to understand why some of those
agencies are [within] DOA. He told the committee he has had the
history of being an administrator in his family business and
during his time in the legislature. He said he thinks the
commissioner of DOA will work more closely with the legislature
because of all the different issues that that department will
touch at some point or another. He said a good working
relationship with the legislature is important and he hopes he
has one. He concluded by saying this is part of how he can
repay the state for all it has done for him and his family.
Number 1807
CHAIR WEYHRAUCH expressed appreciation for the tremendous amount
of public service to the state given by Commissioner Miller.
COMMISSIONER MILLER introduced some of his management team
members and said he has pride in the directors in his agency.
[Although no formal motion was made, the confirmation of
Commissioner Miller was advanced from the House State Affairs
Standing Committee.]
ADJOURNMENT
Number 1976
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
8:25 a.m.
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