Legislature(1999 - 2000)

02/26/1999 09:10 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                                                                                
                                                                                                                                
GENERAL SUBJECT(S):  SB 30  Operating Budget Appropriations                                                                     
     SB 83  Supplemental/Capital Appropriations                                                                                 
     SB 72  Constitutional Budget Reserve Fund                                                                                  
        Appropriations                                                                                                          
                                                                                                                                
The following overview was taken in log note format.  Tapes and                                                                 
handouts will be on file with the Senate Finance Committee through the                                                          
21st Legislative Session, contact 465-2618.  After the 21st                                                                     
Legislative session they will be available through the Legislative                                                              
Library at 465-3808.                                                                                                            
                                                                                                                                
Time Meeting Convened:  9:10 A.M.                                                                                               
                                                                                                                                
Tape(s):  SFC-99 #39, Side A (000 - 589)                                                                                        
              Side B (589 - 000)                                                                                                
                                                                                                                                
                                                                                                                                
PRESENT:                                                                                                                        
                                                                                                                                
                                                                                                                                
x                                                                                                                               
Senator Parnell                                                                                                                 
                                                                                                                                
Senator Adams                                                                                                                   
                                                                                                                                
Senator Torgerson                                                                                                               
                                                                                                                                
Senator P. Kelly                                                                                                                
x                                                                                                                               
Senator Donley                                                                                                                  
x                                                                                                                               
Senator Green                                                                                                                   
x                                                                                                                               
Senator Leman                                                                                                                   
x                                                                                                                               
Senator Phillips                                                                                                                
                                                                                                                                
Senator Wilken                                                                                                                  
                                                                                                                                
                                                                                                                                
ALSO PRESENT:  ALISON ELGEE, Deputy Commissioner, Department of                                                                 
Administration; SHARON BARTON, Division of Administrative Services,                                                             
Department of Administration; BRUCE BOTHELO, Attorney General, State                                                            
of Alaska, Department of Law; BARBARA RITCHIE, Deputy Attorney                                                                  
General, Civil Division, Department of Law; KATHRYN DAUGHHETEE,                                                                 
Director, Division of Administrative Services, Department of Law;                                                               
KAREN REHFELD, Director, Division of Education Support Services,                                                                
Department of Education;  KEN BISCHOFF, Director, Division of                                                                   
Support Services, Department of Public Safety; NANCY SLAGLE,                                                                    
Director, Division of Administrative Services, Department of                                                                    
Transportation and Public Facilities; DWIGHT PERKINS, Deputy                                                                    
Commissioner, Department of Labor; VIRGINIA STONKUS, Financial                                                                  
Services, Division of Administrative Services, Department of                                                                    
Environmental Conservation; DAVID TEAL, Director, Division of                                                                   
Legislative Finance; JIM HAUCK and GINGER BLAISDELL, Fiscal                                                                     
Analysts, Division of Legislative Finance; aides to committee                                                                   
members and other members of the Legislature.                                                                                   
                                                                                                                                
                                                                                                                                
LOG                                                                                                                             
SPEAKER                                                                                                                         
DISCUSSION                                                                                                                      
                                                                                                                                
000                                                                                                                             
Co-chair Parnell                                                                                                                
Called the committee to order and set out the                                                                                   
schedule for SB 83.  It was noted that SB 30                                                                                    
and SB 72 would not be heard today.                                                                                             
                                                                                                                                
Barbara Ritchie                                                                                                                 
Assistant Attorney General, Civil Division,                                                                                     
Department of Law was invited to join the                                                                                       
committee.  She noted also the presence of                                                                                      
Kathryn Daughhetee.                                                                                                             
                                                                                                                                
Kathryn Daughhetee                                                                                                              
Director, Division of Administrative Services,                                                                                  
Department of Law was invited to join the                                                                                       
committee.                                                                                                                      
                                                                                                                                
Senator Donley                                                                                                                  
Referred to Kachemak Bay, item #4 and said that                                                                                 
it had not been responded to.                                                                                                   
                                                                                                                                
Barbara Ritchie                                                                                                                 
Explained the Department of Law memorandum,                                                                                     
judgements and claims, dated 26 February                                                                                        
1999.                                                                                                                           
                                                                                                                                
Senator Donley                                                                                                                  
Does not feel judgment should be paid with                                                                                      
regards to item #5.                                                                                                             
                                                                                                                                
Co-chair Parnell                                                                                                                
Item #6, Robert Boyd vs. State DOTPF, Chitty                                                                                    
and Campbell.                                                                                                                   
                                                                                                                                
Barbara Ritchie                                                                                                                 
With reference to Senator Donley's comment on                                                                                   
item #5, reversal of Judge Hart's decision.                                                                                     
She gave a brief background of the case and                                                                                     
explained Mr. Boyd's employment with the                                                                                        
State from 1983 to 1993.                                                                                                        
The major difficulty in the case was the                                                                                        
process used for evaluation and termination                                                                                     
of Mr. Boyd.                                                                                                                    
There is a covenant of good faith and                                                                                           
agreement for employment with the State.                                                                                        
These are judicially created documents.                                                                                         
An employer must treat you with good faith.                                                                                     
This situation usually comes up with non-                                                                                       
bargaining unit employees.                                                                                                      
Problems with how Mr. Boyd's evaluations                                                                                        
were handled.  On evaluation he was                                                                                             
initially rated as mid-acceptable; later                                                                                        
the evaluation was changed and a new one                                                                                        
put in without notice to the employee.                                                                                          
Explained wrongful discharge claim in the                                                                                       
amount of $175,000.00.                                                                                                          
Main issue was how this was handled with                                                                                        
Mr. Boyd.                                                                                                                       
There should be more training on state                                                                                          
evaluation and supervision issues in order                                                                                      
to prevent this kind of litigation.                                                                                             
                                                                                                                                
Senator Phillips                                                                                                                
Asked Ms. Ritchie if she ever looked at                                                                                         
evaluation policies?  He also asked if she                                                                                      
thought the policy was flawed?                                                                                                  
He felt the situation was costing the State                                                                                     
money.                                                                                                                          
                                                                                                                                
Barbara Ritchie                                                                                                                 
Personally, she felt the evaluation process                                                                                     
does not include changing evaluation in files                                                                                   
or rating down an employee without notice to                                                                                    
the employee.                                                                                                                   
There were also ADA complaints.                                                                                                 
                                                                                                                                
                                                                                                                                
In discussion with the committee she said that                                                                                  
unfortunately, errors are made.                                                                                                 
                                                                                                                                
Senator Phillips                                                                                                                
"Once you really have a bad apple it is                                                                                         
difficult to get it out of the bushel."  He                                                                                     
understands the necessity to protect the rights                                                                                 
of the worker, but also the general rights of                                                                                   
the people of Alaska and the State of Alaska.                                                                                   
Perhaps the training method is flawed.                                                                                          
                                                                                                                                
Co-chair Parnell                                                                                                                
Read a portion of Commissioner Campbell's                                                                                       
comments into the record regarding this case.                                                                                   
He said the Commissioner could have made a                                                                                      
better decision.                                                                                                                
                                                                                                                                
                                                                                                                                
Is there any kind of systematic training of                                                                                     
supervisory personnel on evaluation policies.                                                                                   
                                                                                                                                
Ms. Ritchie                                                                                                                     
There are a variety of courses that are                                                                                         
offered.  They try to do training of human                                                                                      
resource managers and common issues and matters                                                                                 
that are seen and stop them.                                                                                                    
However, in particular, this matter was not                                                                                     
handled very well.                                                                                                              
                                                                                                                                
Co-chair Parnell                                                                                                                
Asked if the training was required?                                                                                             
                                                                                                                                
Ms. Daughhetee                                                                                                                  
She advised that training is not required.                                                                                      
Agencies can ask that it be required.                                                                                           
                                                                                                                                
Co-chair Parnell                                                                                                                
Item #7 Muhammed Khan vs. State                                                                                                 
                                                                                                                                
Ms. Ritchie                                                                                                                     
Explained this matter.  It was alleged that Mr.                                                                                 
Khan suffered from discrimination due to race.                                                                                  
He is a Pakistani Moslem.  Dr. Khan sought                                                                                      
compensatory and punitive damages.                                                                                              
Facts were quite difficult for the State of                                                                                     
Alaska.                                                                                                                         
$190,000 lost wages.                                                                                                            
Also filed grievance for layoff.                                                                                                
                                                                                                                                
                                                                                                                                
Arbitrator found that the State did not have a                                                                                  
legitimate case to layoff Dr. Khan.                                                                                             
Case went to Federal Court.  Parties,                                                                                           
however, entered into settlement talks.                                                                                         
                                                                                                                                
                                                                                                                                
The plaintiff also claimed damages for                                                                                          
emotional distress and future lost wages.                                                                                       
Had he prevailed he would have been able to                                                                                     
collect his attorney fees also.                                                                                                 
                                                                                                                                
Senator Phillips                                                                                                                
Is Dr. Khan in California?  It had been                                                                                         
noticed that his checks were going to an                                                                                        
individual in California.                                                                                                       
                                                                                                                                
Ms. Ritchie                                                                                                                     
Explained that he had obtained out of State                                                                                     
attorneys from California to participate in                                                                                     
conjunction with attorneys from Alaska.                                                                                         
                                                                                                                                
Senator Donley                                                                                                                  
Commented on discrimination and probable                                                                                        
cause.  Has the State done anything to                                                                                          
identify these individuals?  Anything done                                                                                      
to address the culpability of these                                                                                             
individuals?                                                                                                                    
                                                                                                                                
Ms. Ritchie                                                                                                                     
There were witnesses willing to come                                                                                            
forward and say there was discrimination                                                                                        
against Dr. Khan.                                                                                                               
                                                                                                                                
                                                                                                                                
Layoff decisions need to be carefully                                                                                           
documented.  People are unhappy and will                                                                                        
see lawsuits.                                                                                                                   
                                                                                                                                
Senator Donley                                                                                                                  
Department of Law is doing its job and                                                                                          
feels they have to solve the case.  He                                                                                          
wondered if there was a letter put in                                                                                           
anyone's file representing the settlement                                                                                       
or award.  He felt they were not getting                                                                                        
the proper accountability for these issues.                                                                                     
The Department of Law cannot be held                                                                                            
accountable but the individual departments                                                                                      
should be held accountable.  The problem                                                                                        
was not getting fixed because there was no                                                                                      
accountability.  The private sector does                                                                                        
not have this problem because they would                                                                                        
never tolerate this kind of situation.                                                                                          
There was no representation that anyone was                                                                                     
ever even admonished for this kind of                                                                                           
behavior.                                                                                                                       
                                                                                                                                
Senator Green                                                                                                                   
She noted that the judgment precluded any                                                                                       
talking or discussion about the matter by                                                                                       
anyone.                                                                                                                         
                                                                                                                                
Co-chair Parnell                                                                                                                
Asked if they were prohibited from taking                                                                                       
any action against the supervisor?                                                                                              
                                                                                                                                
Ms. Ritchie                                                                                                                     
Responded that as far as the issue of                                                                                           
letter of reference related to Dr. Khan                                                                                         
they were and that he was concerned about                                                                                       
this.  Dr. Khan did not want the issues to                                                                                      
be held against him at some later date.                                                                                         
She further explained the release against                                                                                       
the State as they only wanted to resolve                                                                                        
this case in total which would then prevent                                                                                     
Dr. Khan from coming back at a later date                                                                                       
and bring up another issue.                                                                                                     
                                                                                                                                
                                                                                                                                
The reason for the settlement and release                                                                                       
was to get the matter behind us.                                                                                                
                                                                                                                                
Senator Green                                                                                                                   
Asked if there was not a blank record?  As                                                                                      
if it had never happened?                                                                                                       
                                                                                                                                
Ms. Ritchie                                                                                                                     
Will have to do further follow up with the                                                                                      
particular attorney who handled the matter.                                                                                     
                                                                                                                                
Co-chair Parnell                                                                                                                
Asked to work on judgments and claims so they                                                                                   
can get to other department heads.                                                                                              
                                                                                                                                
Ms. Ritchie                                                                                                                     
Explained that the appropriation was to the                                                                                     
Department of Law.  Try to get judgements paid                                                                                  
so no further interest accumulates.                                                                                             
                                                                                                                                
Co-chair Parnell                                                                                                                
Was this a consolidation effort by all                                                                                          
departments?                                                                                                                    
                                                                                                                                
Ms. Ritchie                                                                                                                     
Yes.  This made it easier to deal with.  Was                                                                                    
continually asked why they were not all in one                                                                                  
place.  Refers to Department of Health and                                                                                      
Social Services case.                                                                                                           
                                                                                                                                
Senator Donley                                                                                                                  
At the last meeting you went to in the                                                                                          
executive branch did you talked about                                                                                           
accountability for judgements?                                                                                                  
                                                                                                                                
Ms. Ritchie                                                                                                                     
Comes up with Office of Management and Budget.                                                                                  
                                                                                                                                
Senator Donley                                                                                                                  
Does not mean from a financial point of view                                                                                    
but the holding to accountability of the                                                                                        
departments.                                                                                                                    
                                                                                                                                
Barbara Ritchie                                                                                                                 
Comes up in the context of individual cases.                                                                                    
Departments are concerned with these kinds of                                                                                   
activities.                                                                                                                     
                                                                                                                                
Senator Donley                                                                                                                  
Have you ever discussed changes in personnel                                                                                    
laws?                                                                                                                           
                                                                                                                                
Ms. Ritchie                                                                                                                     
Some cases are "whistle blower" cases.  She                                                                                     
explained what constitutes a violation of the                                                                                   
"whistle blower" act.                                                                                                           
                                                                                                                                
Senator Donley                                                                                                                  
Is there any process of establishing who is                                                                                     
responsible?                                                                                                                    
                                                                                                                                
Ms. Ritchie                                                                                                                     
Does not know the answer to this.                                                                                               
                                                                                                                                
Senator Donley                                                                                                                  
Feels that the matter is being ignored.                                                                                         
                                                                                                                                
Senator Phillips                                                                                                                
Lawsuits are dealing with symptoms rather than                                                                                  
the disease.  Not only need to stabilize the                                                                                    
patient but also stop the disease.                                                                                              
                                                                                                                                
Ms. Ritchie                                                                                                                     
Employment area has seen a dramatic increase of                                                                                 
lawsuits.  Realizes this is a large one but it                                                                                  
represents a small percentage per State                                                                                         
employees.                                                                                                                      
                                                                                                                                
Senator Donley                                                                                                                  
If it is a small number they should be able to                                                                                  
invoke accountability.                                                                                                          
                                                                                                                                
Senator Leman                                                                                                                   
This case in particular troubles him.  Half of                                                                                  
the settlement is going to the plaintiff's                                                                                      
attorneys.  He is not going to realize any of                                                                                   
the settlement.  Feels this is going to happen                                                                                  
again and no one is going to be held                                                                                            
accountable.                                                                                                                    
                                                                                                                                
                                                                                                                                
Explained his concept of religious and racial                                                                                   
discrimination.  Has not found anything                                                                                         
relating to religious persecution in this case.                                                                                 
However, racial epithets were spoken in his                                                                                     
presence.  Used himself as an example.  If he                                                                                   
could collect every time something was said in                                                                                  
his presence he would be wealthier than Dr.                                                                                     
Khan.  Going to have to do something about                                                                                      
this.                                                                                                                           
                                                                                                                                
Senator Donley                                                                                                                  
Good role for Department of Law would be to                                                                                     
suggest legal changes to develop exactly what                                                                                   
Senator Leman is talking about.                                                                                                 
                                                                                                                                
Co-chair Parnell                                                                                                                
Item #8 Weiss and Alaska Center for the                                                                                         
Environment vs. State (Superior Court)                                                                                          
                                                                                                                                
Senator Donley                                                                                                                  
Not had a chance to read #8.                                                                                                    
                                                                                                                                
Senator Leman                                                                                                                   
Was involved in helping to settle the mental                                                                                    
health claim.                                                                                                                   
                                                                                                                                
Ms. Ritchie                                                                                                                     
Explained that this was a judgment.                                                                                             
                                                                                                                                
Senator Leman                                                                                                                   
Continued.  The State prevailed and then ended                                                                                  
up paying the entire fee.  This case also                                                                                       
seemed to be a recurrent matter.                                                                                                
                                                                                                                                
Co-chair Parnell                                                                                                                
Covering Items #8 and  #9.                                                                                                      
                                                                                                                                
Ms. Ritchie                                                                                                                     
Concurred.  The plaintiffs put efforts into the                                                                                 
matter also.  Supreme Court identified the                                                                                      
plaintiffs as the prevailing party.  Issue as                                                                                   
to amount of fees was also challenged by the                                                                                    
State.  Large sum of money and matter occurred                                                                                  
in the early 1990's.                                                                                                            
                                                                                                                                
                                                                                                                                
Public interest litigant issue.                                                                                                 
Interpretation over the years of Civil Law 82.                                                                                  
                                                                                                                                
Co-chair Parnell                                                                                                                
Item #10 Newton vs. State Department of Labor                                                                                   
                                                                                                                                
                                                                                                                                
Item #11 Vidal vs. Vidal                                                                                                        
                                                                                                                                
                                                                                                                                
Item #12 Waltz vs. Waltz                                                                                                        
                                                                                                                                
                                                                                                                                
Item #13 Planned Parenthood of Alaska vs. State                                                                                 
                                                                                                                                
Senator Leman                                                                                                                   
He felt the Superior Court judge erred                                                                                          
egregiously.  Case was scheduled for hearing                                                                                    
and judgment was entered without evidentiary                                                                                    
hearing.  This was in conflict.  Believed the                                                                                   
Judge was wrong.                                                                                                                
                                                                                                                                
                                                                                                                                
(Tape #39, Side A, log number 590 switched to                                                                                   
Side B at 10:00 a.m.)                                                                                                           
                                                                                                                                
Senator Leman                                                                                                                   
Could share other strong feelings, also.                                                                                        
                                                                                                                                
Co-chair Parnell                                                                                                                
                                                                                                                                
                                                                                                                                
Senator Donley                                                                                                                  
Perhaps new judges should be appointed.                                                                                         
                                                                                                                                
Senator Leman                                                                                                                   
Noted that the Governor appointed this                                                                                          
particular judge from the Department of Law.                                                                                    
                                                                                                                                
Senator Phillips                                                                                                                
Planned parenthood matter.                                                                                                      
                                                                                                                                
Ms. Ritchie                                                                                                                     
Court does know the settlement came from the                                                                                    
State of Alaska.                                                                                                                
                                                                                                                                
Co-chair Parnell                                                                                                                
Item #14 Planned Parenthood of Alaska vs. State                                                                                 
                                                                                                                                
Senator Phillips                                                                                                                
What if we refused to pay this?                                                                                                 
                                                                                                                                
Ms. Ritchie                                                                                                                     
Judgments are against the State of Alaska.                                                                                      
                                                                                                                                
Senator Phillips                                                                                                                
Who has the right of appropriation?                                                                                             
                                                                                                                                
Ms. Ritchie                                                                                                                     
Legislature.                                                                                                                    
                                                                                                                                
Senator Phillips                                                                                                                
Perhaps we should stand up to this.                                                                                             
                                                                                                                                
Senator Donley                                                                                                                  
Should be taken up in Judiciary, perhaps.                                                                                       
                                                                                                                                
Ms. Ritchie                                                                                                                     
Legislators would hear from their constituents.                                                                                 
Ultimately it would be litigated.                                                                                               
                                                                                                                                
Senator Donley                                                                                                                  
Status of lower court cases being litigated.                                                                                    
Do we still have to pay attorney fees for lower                                                                                 
court cases if Supreme Court reverses matter?                                                                                   
                                                                                                                                
Ms. Ritchie                                                                                                                     
Yes.                                                                                                                            
                                                                                                                                
Co-chair Parnell                                                                                                                
Status of final judgments in #13 and #14.                                                                                       
                                                                                                                                
Ms. Ritchie                                                                                                                     
These are final judgments being handled by the                                                                                  
criminal division.  Issue of attorney fees was                                                                                  
not appealed.                                                                                                                   
                                                                                                                                
Co-chair Parnell                                                                                                                
Are not appeals stayed?                                                                                                         
                                                                                                                                
Ms. Ritchie                                                                                                                     
These were final judgments and not appealed.                                                                                    
                                                                                                                                
Co-chair Parnell                                                                                                                
Said it was his understanding that attorney                                                                                     
fees were not paid if case is on appeal.                                                                                        
                                                                                                                                
                                                                                                                                
HELD SB 83 judgment and claims.                                                                                                 
                                                                                                                                
Sharon Barton                                                                                                                   
$35. For Finance will help defray costs of                                                                                      
travel cards.                                                                                                                   
(Brief at ease at 10:10 a.m.)                                                                                                   
                                                                                                                                
Co-chair Parnell                                                                                                                
Moved to Section 6(d).                                                                                                          
                                                                                                                                
Brant McGee                                                                                                                     
Public Advocate, Office of Public Advocacy                                                                                      
testified via teleconference.                                                                                                   
He explained section 6(d).  $563,000 money                                                                                      
needed to pay bills to the private sector.                                                                                      
Problems with that number.  Guardian ad                                                                                         
litem for children need to be paid.                                                                                             
Generating new number of cases.  Forces                                                                                         
that are going to continue to drive up                                                                                          
costs in their office.                                                                                                          
                                                                                                                                
Senator Donley                                                                                                                  
What cost saving measures have you looked into                                                                                  
during the last six month?                                                                                                      
                                                                                                                                
Mr. McGee                                                                                                                       
Continuing to monitor this matter.  The CASA                                                                                    
program, which is a volunteer guardian ad litem                                                                                 
program, has been expanded.  Explained savings.                                                                                 
                                                                                                                                
Senator Donley                                                                                                                  
Average contracted hourly rate?                                                                                                 
                                                                                                                                
Mr. McGee                                                                                                                       
Rates are typically 1/3 to 1/2 of the going                                                                                     
rate.  He said, "we pay our bills on time.                                                                                      
That's how we can survive."                                                                                                     
                                                                                                                                
Senator Donley                                                                                                                  
Asked how cases were separated.                                                                                                 
                                                                                                                                
Mr. McGee                                                                                                                       
Cases were separated into groups, adult and                                                                                     
child.  Criminal defense, abuse and neglect of                                                                                  
children, incapacitated adults, mental                                                                                          
incompetence, seniors suffering from dementia                                                                                   
were the basic groups.                                                                                                          
                                                                                                                                
Senator Green                                                                                                                   
Asked if there was another group of advocacy                                                                                    
attorneys for mentally disabled adults.                                                                                         
                                                                                                                                
Mr. McGee                                                                                                                       
Explained there was another group called the                                                                                    
Disability Law Center.  They get their funds                                                                                    
from the Federal government.  Their duty is to                                                                                  
take cases of mentally ill adults.  He said                                                                                     
they get these cases only if there is no                                                                                        
available family member to take on matter.                                                                                      
These individuals literally have no one and are                                                                                 
at the bottom end.  But they still get a                                                                                        
substantial number of cases.                                                                                                    
                                                                                                                                
Senator Green                                                                                                                   
Do you refer cases to the Disability Law                                                                                        
Center?                                                                                                                         
                                                                                                                                
Mr. McGee                                                                                                                       
OPA are not lawyers, however, they help                                                                                         
make decisions regarding housing, life and                                                                                      
death matters, for instance.  Not obliged                                                                                       
to provide lawyer services.                                                                                                     
                                                                                                                                
Barbara Brink                                                                                                                   
Director, Public Defender Agency explains                                                                                       
Section 6(e).  Problems in Bethel and                                                                                           
Dillingham office.  Have received Smart                                                                                         
Start money as appropriated by the Governor                                                                                     
and have filled those positions.                                                                                                
Additional office space was not allocated                                                                                       
for these individuals.                                                                                                          
Anchorage office handling all children's                                                                                        
matters.  Very crowded situation.                                                                                               
Increased travel costs and criminal                                                                                             
funding.  Handled 13 additional remote                                                                                          
sites.  Have tried to institute                                                                                                 
restrictions on travel but must travel to                                                                                       
remote locations at least once a month.                                                                                         
Attorneys are limited to travel to remote                                                                                       
areas only in the matter of a jury trial.                                                                                       
Many times the attorneys never meet their                                                                                       
clients.  Total estimate is $297.0 of                                                                                           
supplemental.                                                                                                                   
They have consolidated all appeal matters;                                                                                      
now handled out of Anchorage.  Remote                                                                                           
offices take more in court cases.  Do not                                                                                       
have investigators in remote areas.                                                                                             
                                                                                                                                
Senator Donley                                                                                                                  
How many new attorneys added?                                                                                                   
                                                                                                                                
Ms. Brink                                                                                                                       
Filled vacancies as listed.  Did add new                                                                                        
child protection attorney in Anchorage,                                                                                         
appellate attorney in Anchorage.  Juneau                                                                                        
secretary and Anchorage under Smart Start.                                                                                      
Vacancies occurred over one year.                                                                                               
Attorneys hired were four.  Appellate                                                                                           
attorney hired equals five.  This included                                                                                      
child protection attorney.  Lawyers were                                                                                        
hired in positions vacated by other                                                                                             
attorneys.                                                                                                                      
                                                                                                                                
Ms. Barton                                                                                                                      
Explains positions filled.  $600,000                                                                                            
intended to more fully fund the agency.                                                                                         
Would have taken $800,000.                                                                                                      
                                                                                                                                
Senator Donley                                                                                                                  
How many attorneys in appellate office?                                                                                         
                                                                                                                                
Ms. Brink                                                                                                                       
Five and one-half.                                                                                                              
                                                                                                                                
Senator Donley                                                                                                                  
Case driven organization argument.                                                                                              
Appellate division creates its own                                                                                              
increase.  There are a lot of ways to                                                                                           
control the case load based on the types of                                                                                     
appeals they take.  He stated that the PD                                                                                       
argued cases in an attempt to create new                                                                                        
law not anywhere established in the U.S.                                                                                        
Last year got initial $640,000 plus Smart                                                                                       
Start monies.  There were offices where                                                                                         
there were two public defenders but the                                                                                         
prosecutor has no one.  Recommended they                                                                                        
not count on getting additional money this                                                                                      
year.  The agency should have tried to live                                                                                     
with the money they had.                                                                                                        
                                                                                                                                
Ms. Brink                                                                                                                       
Disagreed with the Senator that they can                                                                                        
control the cases they pursue.  Defendants                                                                                      
no longer can contact the agency                                                                                                
themselves, must be court appointed.                                                                                            
There are cases where they prepare appeals                                                                                      
on that they would prefer not to, but it is                                                                                     
the client's constitutional right to the                                                                                        
appeal.  Do try to make whatever plausible                                                                                      
arguments they can.  They have two new                                                                                          
lawyers hired under Smart Start and one of                                                                                      
the positions will terminate 30 June 1999.                                                                                      
The Department of Law, Civil Division has                                                                                       
added under Smart Start, also.                                                                                                  
Have seen a great increase of child                                                                                             
protection cases.                                                                                                               
Handle parole revocation hearings and child                                                                                     
protection cases.  Many functions they                                                                                          
provide that the District Attorney does                                                                                         
not.  Prepared staffing chart indicating                                                                                        
number of attorneys in locations, last                                                                                          
year.                                                                                                                           
                                                                                                                                
Senator Donley                                                                                                                  
Has asked the questions before and will                                                                                         
submit the answers he receives to the                                                                                           
committee.                                                                                                                      
                                                                                                                                
Senator Parnell                                                                                                                 
Referred to section 6(a) of SB 83.                                                                                              
                                                                                                                                
Ms. Barton                                                                                                                      
Explained the implementation of the new                                                                                         
travel card program.  Charge card issued to                                                                                     
all state travelers for charging rentals,                                                                                       
hotels, etc. for use during their travels.                                                                                      
Benefit is one bill to pay for all                                                                                              
travelers rather than myriad of bills to                                                                                        
individual.                                                                                                                     
                                                                                                                                
Senator Green                                                                                                                   
What about accountability using the charge                                                                                      
cards?                                                                                                                          
                                                                                                                                
Ms. Barton                                                                                                                      
This provided better accountability and                                                                                         
tracking of costs of travel.  Cards are                                                                                         
issued to State employees.  If there are                                                                                        
problems they will deal with the employee                                                                                       
accordingly.                                                                                                                    
There is a savings as seen with the                                                                                             
American Express corporate card.                                                                                                
Negated the need for travel advances for                                                                                        
employees, which are expensive to process.                                                                                      
                                                                                                                                
Senator Leman                                                                                                                   
Agrees with processing.  Why should we be                                                                                       
allocating another $35.0?                                                                                                       
                                                                                                                                
Ms. Barton                                                                                                                      
Savings appear out in user agencies.                                                                                            
Central agency in Finance who has to gear                                                                                       
up to process and pay vendor do have some                                                                                       
costs.                                                                                                                          
                                                                                                                                
Senator Leman                                                                                                                   
Not acquainted with Master Charge?  Does                                                                                        
this reflect on purchase of tickets or any                                                                                      
other benefits?                                                                                                                 
                                                                                                                                
Ms. Barton                                                                                                                      
No rebates or incentives to the individual                                                                                      
travelers.  The State, however, can receive                                                                                     
cash rebates throughout the year.  Rebate                                                                                       
depends on efficient handling of account.                                                                                       
Hoped to process up to their standards and                                                                                      
get into more automated handling of travel                                                                                      
records.                                                                                                                        
                                                                                                                                
Co-chair Parnell                                                                                                                
Section 6(b).  (Excuses all other                                                                                               
department heads as he will not get to any                                                                                      
other section than Administration this                                                                                          
morning.)                                                                                                                       
                                                                                                                                
Alison Elgee                                                                                                                    
Deputy Commissioner, Department of                                                                                              
Administration was invited to join the                                                                                          
committee.                                                                                                                      
Explained Section (b) Property Management.                                                                                      
City of Bethel got tremendous break in the                                                                                      
cost of the fuel.                                                                                                               
Unfortunately a valve was left open and                                                                                         
some fuel leaked into the ground.  Bethel                                                                                       
Native Corporation has since sued the                                                                                           
State, City of Bethel and the Federal                                                                                           
Government to determine clean-up costs and                                                                                      
extent of damage.                                                                                                               
                                                                                                                                
Senator Phillips                                                                                                                
Confused.  Asked the sequence of events.                                                                                        
                                                                                                                                
Ms. Elgee                                                                                                                       
The State was to provide for the costs of                                                                                       
Department of Environmental Conservation                                                                                        
conducting the investigation.                                                                                                   
                                                                                                                                
Senator Phillips                                                                                                                
Was one State agency purchasing services                                                                                        
from another agency?                                                                                                            
                                                                                                                                
Ms. Elgee                                                                                                                       
She indicated that was correct.   This was                                                                                      
an extraordinary activity.                                                                                                      
                                                                                                                                
Co-chair Parnell                                                                                                                
Asked Ms. Barton to provide further                                                                                             
information for Senator Phillips.                                                                                               
                                                                                                                                
                                                                                                                                
(Tape change from #39, Side B to tape #40                                                                                       
at approximately 10:50 a.m.)                                                                                                    
                                                                                                                                
Ms. Barton                                                                                                                      
Explains section 6 Leases.                                                                                                      
                                                                                                                                
Co-chair Parnell                                                                                                                
HELD in committee.  He advised they would                                                                                       
take up Pioneer Homes at the next meeting.                                                                                      
                                                                                                                                
ADJOURNED at approximately 10:55 a.m., tape                                                                                     
number 40, side A, log number 030.                                                                                              
                                                                                                                                
SENATE FINANCE COMMITTEE                                                                                                        
LOG NOTES                                                                                                                       
2/26/99                                                                                                                         
SFC-99 Page 1 2/26/99                                                                                                           
                                                                                                                                

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