Legislature(1997 - 1998)
02/11/1997 03:35 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
February 11, 1997
3:35 p.m.
MEMBERS PRESENT
Senator Lyda Green, Chairman
Senator Jerry Ward, Vice-chair
Senator Jerry Mackie
MEMBERS ABSENT
Senator Jim Duncan
COMMITTEE CALENDAR
OVERVIEW AND REPORT: GOV., BOARDS AND COMMISSIONS
SENATE BILL NO. 68
"An Act relating to the Task Force on Privatization; and providing
for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS SENATE COMMITTEE ACTION
SB 68 - No previous Senate committee action to report.
WITNESS REGISTER
Cindy Smith
Coordinator, Boards and Commissions
Office of the Governor
P.O. Box 110001
Juneau, AK 99811-0001
POSITION STATEMENT: Provided information on Boards and Commissions
ACTION NARRATIVE
TAPE 97-3 , SIDE A
Number 000
CHAIRMAN LYDA GREEN called the Senate State Affairs Committee
meeting to order at 3:35 p.m. and announced Senator Duncan was
attending a Legislative Ethics hearing. Senators Green, Ward,
Mackie, and Miller were present. She announced SB 68 would be
delayed until Thursday, or the next meeting. The first order of
business before the committee was an overview of the Governor's
boards and commissions.
OVERVIEW: GOV'S BDS AND COMMISSIONS
CINDY SMITH, Coordinator of Boards and Commissions in the Office of
the Governor, provided the following testimony to the committee.
There are presently 127 boards and commissions in state government
whose members are named, in whole or in part, by the Governor. The
total public membership of those boards is 1,138 people. Although
meeting schedules vary for each board, approximately 380 meetings
are held each year. Boards and Commissions handles nominations for
various federal boards, Governor's task forces, and White House
conferences, which average between 100 and 250 individuals per
year. The Boards and Commissions Office operations are large and
ongoing; information changes almost weekly as members resign or
terms expire. An ongoing applicant base of 500 to 700 individuals
is kept, as well as an equal number of letters of endorsement for
candidates. The Boards and Commissions Office also handles
nominations for judgeships. Since Governor Knowles took office,
there have been nominations for one District Court seat, eight
Superior Court seats, and two Supreme Court seats. About 30 terms
expire each month, and between 10 and 25 letters of resignation are
received each quarter; those numbers vary widely from month to
month. Most board members are not compensated; travel expenses are
not always covered. Many boards meet via teleconference. Almost
1200 people contribute their time and energy to state government on
a volunteer basis which makes government stronger. Ms. Smith is
pleased with the amount of nominee participation, but believes that
involvement needs to be further encouraged and ensured as it is an
important component of a democracy.
Number 108
CHAIRMAN GREEN explained the committee scheduled this hearing to
get information on the nomination process, on the policy of
replacing members, and to investigate potential savings and
efficiencies through board mergers and repeals, because the
Legislature would like to be informed and participate in the
process to a greater extent than it currently does. Chairman Green
referred to her request of the names of board members who were, and
were not, reappointed, and asked Ms. Smith why a list of those who
were not reappointed was not provided.
MS. SMITH responded her office does not retain that information.
Many inquiries or discussions about reappointments occur on the
telephone, and almost never in writing, probably because those
involved are volunteers and are busy. If no written material is
received, there is no system in place to log contacts. Information
is pertinent when an appointment is being deliberated, but not
after it is made.
Number 163
SENATOR WARD asked if any of the nominations are in written form.
MS. SMITH replied some board members and nominees send requests in
writing, but the majority of membership contacts occur on the
telephone. SENATOR WARD confirmed there are some requests in
writing. MS. SMITH agreed. SENATOR WARD asked if those requests
were supplied to the committee. MS. SMITH explained she would have
had to review two years of file information to determine which
members had written requests.
SENATOR MILLER believed a miscommunication occurred, and that the
information can be easily provided. He clarified the committee was
asking whether there were people who had actually served on boards
who were not reappointed. That information could be obtained by
providing annual or quarterly membership lists from prior years to
current membership lists. That information would not disclose why
members were not reappointed, but would be an easy way to pull out
the information requested by Chair Green.
MS. SMITH verified those lists contain the dates of appointment,
and a review of membership reappointments at the time Governor
Knowles took office and would show about one-half were reappointed
from the former Administration. Her office is interested in
retaining competent members and is not necessarily looking for new
business in the administration of boards. The boards, by and
large, are administrative in their function, and require
knowledgeable members. She noted she does not have information on
the number of people who asked to be reappointed and believed that
information would be cumbersome to compile and would be inaccurate.
CHAIRMAN GREEN asked whether the Boards and Commissions Office is
required to keep any information about previous appointees on file.
MS. SMITH responded all of the files from the former Administration
were archived so current files contain correspondence between
current board members.
CHAIRMAN GREEN asked if that information is kept on disc. MS.
SMITH replied it is not. CHAIRMAN GREEN stated she would still
like a list of the names of those members who were not reappointed.
MS. SMITH said she would see if that is possible.
Number 206
SENATOR WARD said he appreciated Ms. Smith's opening remarks in
regard to the importance of public participation on boards and
commissions and believed if a process to ensure a fair sampling of
the public who want to participate in the boards and commission
process is not in place, review is necessary. He was not sure
whether a problem with the nominee process exists, but expressed
concern with the lack of a record of phone contacts.
MS. SMITH affirmed all applications are received in writing and are
accepted from anyone, anywhere, anytime. She noted she gives
boards and commissions workshops on request by anyone, and offered
to do so in Senator Ward's district. The vacancy rosters are mailed
to anyone who requests them. She is currently working on the
state's web page to provide the same information on the internet.
Her office has no interest in controlling who applies for board
memberships. Her goal is to get the best and brightest Alaskans on
boards. Regarding phone contact, her office encourages people to
write, but often people prefer to call. Once a board appointment
is made, information about other nominees is no longer essential to
her office. She repeated she could provide a summary of the names
of people who were retained, as that information is computerized,
but she does not have that kind of information for every individual
transaction. She explained those transactions may number in the
thousands in the course of one year.
Number 240
SENATOR WARD asked Ms. Smith is she keeps a log of the names of
people who call her office who want to participate or be
reappointed. MS. SMITH replied she keeps that information in the
form of working notes while she is working on particular
appointments, but after the appointments are made, she discards
them. SENATOR WARD questioned why she does not retain the
information. MS. SMITH stated she does not because of the large
volume. Her office receives many calls, and the information may no
longer be useful. If a person is not reappointed and wants to
continue to serve on a board, she does her best to appoint that
person to a different board.
CHAIRMAN GREEN announced House State Affairs Chair James joined the
committee.
SENATOR MACKIE asked whether the public interest in board vacancies
is overwhelming, or whether it is difficult to find people to
serve. MS. SMITH replied it depends on the level of public
interest in each board. The public seats on licensing boards are
consistently some of the most difficult to fill and is one of the
areas with a shortage of applicants. The number of applications
for some board vacancies is overwhelming. When a vacancy is
filled, all applicants receive a letter informing them of the
appointment.
SENATOR MACKIE asked for the total number of boards and
commissions. MS. SMITH repeated the Governor appoints to 127
boards and commissions, but that number fluctuates. SENATOR MACKIE
asked how many seats are represented on those boards. MS. SMITH
replied there were 1,132 public members at last count.
SENATOR MACKIE referred to the list of current board and commission
members and asked whether that list contained the names of everyone
currently serving on boards. MS. SMITH answered the list contains
only the names of members who were reappointed; the board book
provided to committee members contains the names of all board
members.
SENATOR MACKIE questioned whether the listed vacancies are the
result of a lack of public interest. He noted there are three
vacancies for public members on the Arts Council and three vacant
positions on the Juvenile Justice and Family Services Commission.
He also asked whether there are some boards with no membership, and
whether the vacancies on some boards render them unable to meet
because of the lack of a quorum. He questioned whether the
Administration has intentionally decided to not fill vacancies on
certain boards for specific reasons.
Number 330
MS. SMITH responded, for the most part, the list in front of
committee members will be history by the end of March. The active
list is continually updated, and contains between 100 to 150
vacancies because of term expirations and resignations. Some
positions are purposely kept vacant because they are optional
seats. The Arts Council had one member resign, and another died;
those vacancies will be filled before it meets at the end of the
month. The Juvenile Justice Advisory Task Force vacancies are for
members under the age of 24; members in that age group tend to move
a lot so it is difficult to keep those seats filled. The Human
Resource Investment Council is an example of a board with seats
purposely kept vacant. Up to 26 seats can be appointed to that
Council: as seats are vacated, the statutorily required seats are
filled, the others are left vacant to save money. Her office has
been discussing the possibility of a merger with members of the
Governor's Committee on People with Disabilities, the
Rehabilitation Advisory Council, and a board named through the
Division of Vocational Rehabilitation on assistive technology. The
Governor's Committee was statutorily established around the time of
Statehood. The Rehabilitation Advisory Council was established by
the federal government about two years ago. Both boards have very
similar missions. The money saved from a consolidation of those
boards can be redirected to client services.
Number 368
SENATOR MACKIE asked if there is an effort in Ms. Smith's office to
identify boards that could be consolidated or eliminated to reduce
costs. MS. SMITH replied, other than the previous example she
provided, the Athletic Commission has been unable to raise funds to
meet its statutory requirements for its duties, and the Citizens
Advisory in Federal Areas is in a holding pattern and is not
proposed for funding in the Governor's budget. Many of the boards
are working smarter, and are encouraged to meet by teleconference
and to meet at central locations. She is also trying to encourage
more geographic diversity among board members to provide improved
statewide representation.
CATHERINE REARDON, Director of the Division of Occupational
Licensing (DOL) in the Department of Commerce and Economic
Development, informed committee members DOL works with 20 of the
127 boards. Licensing boards vacancies are some of the more
difficult to fill. In her experience at DOL, the Governor's Office
has asked her to pass along names and encourage any interested
individuals to call the Boards and Commissions Office. There is a
legislative process for review of the occupational licensing boards
to determine whether those boards continue to fulfill their
functions. Six boards are up for expiration in June, 1997. The
Legislative Budget and Audit Division also reviews those boards and
legislation for extension will be introduced. On the subject of
the Athletic Commission, the Governor proposed legislation two
years ago to eliminate that Commission. That proposal was part of
one of the Governor's omnibus bills that did not pass the
Legislature. Draft legislation to remove that board, and to reduce
the regulation of boxing, has been prepared. A second alternative
is to bring the Athletic Commission under sunset review, as it
predates the sunset process. Most licensing boards meet twice per
year and vacancies do not usually inhibit a board's ability to
function. Vacancies are usually filled prior to the next meeting.
She believed the Administration's effort to establish more
geographic diversity among board members has been helpful in
bringing a variety of perspectives to meetings.
Number 451
SENATOR MILLER stated many of the boards are political in nature,
for example the Board of Education which undergoes a wholesale
change when Administrations change, and that is to be expected but
in his opinion, some boards should not be political in nature, for
example, the Permanent Fund Board. He believes professional
licensing boards are non-political in nature, yet wholesale changes
in membership occurred and many members were dumped mid-term while,
according to Ms. Smith, those vacancies are difficult to fill. He
asked why many members of those boards were asked to leave mid-term
and asked Ms. Smith to correct any erroneous information he may
have received, but noted he is disturbed that members of non-
political boards were asked to leave mid-term. He repeated the
committee and Legislature need hard numbers to resolve this
question, especially since many regulatory board members need
legislative confirmation.
MS. SMITH responded she will have to review files to compile the
information. She suspected many changes to the regulatory boards
could be attributed to public or professional concerns, and did not
feel competent to address the legal issue of which boards serve at
the pleasure of the Governor. She stated different Administrations
have different philosophical approaches to service delivery or
working style, which can account for membership changes. She noted
situations arise among board members that require the Governor's
attention, such as the State Medical Board member who had a
relationship with a client. She refuted the idea that wholesale
membership changes occur for political reasons only.
Number 510
SENATOR MILLER repeated the committee needs to know the reasons for
the wholesale changes made to boards, particularly the regulatory
boards. He stated it is usually beneficial to have some continuity
on those boards.
MS. REARDON commented on the few boards that have been
substantially changed, at least one member was maintained to
provide continuity. From her perspective, board member removals
were related to public concerns or policies related to the
profession, not to electoral politics.
CHAIRMAN GREEN indicated she would like to know the specific
problems that were occurring that warranted replacement of so many
regulatory board members. She also asked for a list of the board
seats which are being kept vacant and whether the members of those
boards know of that intention. MS. SMITH replied those board
members are almost certainly aware of the reason for the continued
vacancies.
SENATOR MACKIE questioned whether members who are removed or not
reappointed are notified as to the reason. He is concerned about
the citizens who have volunteered a substantial amount of time and
are suddenly removed. MS. SMITH stated ultimately, the choice to
remove or replace a board member is up to the Governor, however
procedurally, those people are notified in writing, and she also
tries to contact them by phone.
Number 545
SENATOR MACKIE asked if anyone within the Administration is
actively reviewing whether any boards can be eliminated or
consolidated. MS. SMITH replied there are several people looking
at boards to see what they are doing, and OMB is predisposed to
review board activities. To the degree that any efficiencies in
state government can be achieved, either through combination or
reduction of mission, the Administration is on the alert.
SENATOR MACKIE commented there will always be a constituency for
every board, and expressed concern that everyone involved act
responsibly in the attempt to become more efficient. He endorsed
Senator Green's statement that the Legislature is willing to help
achieve some of those efficiencies. He asked if a description of
the functions of the boards and a list of which boards were
statutorily created is available. MS. SMITH replied a book was
provided to the committee chair that describes each board's
function, memberships, number of meetings, and contact information.
Those books are available to the public. She indicated many more
boards, other than the regulatory boards, have sunset provisions
that provide for legislative review, and the Legislative Budget and
Audit report contains recommendations about specific boards.
Number 582
CHAIRMAN GREEN indicated she would like copies of correspondence
sent to people who were removed from boards and a list of those
boards whose members serve at the Governor's pleasure.
TAPE 97-3, SIDE B
Number 590
Referring to the third question in her correspondence to Ms. Smith,
CHAIRMAN GREEN stated she would still like to know if there are
problems board members request her office to resolve, such as
changes to the composition or organization of a board, or problems
working with an executive director, that she cannot resolve. She
asked the number of active applicant names that are kept. MS.
SMITH answered about 500.
SENATOR WARD asked whether a written procedure exists for deciding
which board members will be retained when a wholesale change in
membership occurs and whether all board members decide who should
be retained for the sake of continuity.
MS. REARDON believed the decision about who is retained is
ultimately up to the Governor. She meant, by her previous
statement about continuity, that generally, one person who has been
seated for awhile is retained so that one member knows the history
of previous board actions. She believed the Governor and his staff
do the most responsible job they can to ensure board members are
chosen based on the strengths and skills they bring to the boards.
SENATOR WARD agreed continuity is important, and questioned whether
its importance warrants legislative participation in determining
procedures to ensure it occurs. MS. SMITH said she was
uncomfortable answering the question because the Constitution sets
out certain appointment authorities. She reiterated that her
office tries to be sensitive to the fact that it is not in the
public's best interest to completely replace all board members but
the decisions behind replacements is within the province of the
Office of the Governor. No one has objected to the choices of the
members that were retained. The level of competence of members was
high and was not a factor in the changes.
SENATOR WARD clarified he was questioning whether a retention
policy exists because he thought a systematic procedure was
undertaken. He added he does not disagree with the political
nature of the system.
MS. REARDON commented, from her perspective in DOL, very few boards
underwent changes for reasons other than term expirations and those
dates are staggered by law to facilitate continuity. She got the
impression the committee believes wholesale changes were made to
regulatory boards, which was far from the case.
Number 508
CHAIRMAN GREEN asked Ms. Reardon to supply her with a written
report on specific removals and reappointments that occurred
simultaneously to the Alcohol Beverage Control Board, the Board of
Dental Examiners, the State Medical Board, the Psychologists'
Board, the Real Estate Appraisers' Board and the Real Estate
Commission.
MS. REARDON replied the statistics on when members were reappointed
can be provided, but the report on why those decisions were made is
in the Governor's purview, as he is the appointing official.
CHAIRMAN GREEN asked her to review the broad change that occurred
and provide the numbers of those replaced on the specific boards
she referred to.
CHAIRMAN GREEN commented she was told two or three professional
regulatory boards have had difficulty meeting because of a lack of
a quorum due to unfilled vacancies. She would provide Ms. Smith
with the names of those boards at a later date. She referred back
to the list of vacancies, to review which boards might provide
opportunities for mergers or repeal and questioned whether an
omnibus bill or separate bills would be introduced. MS. SMITH was
unsure which mechanism would be used.
CHAIRMAN GREEN stressed the importance of getting information from
the Boards and Commissions Office because although each legislator
may feel strongly about at least one board, he/she may know nothing
about most other boards. She asked about the Community Service
Commission. MS. SMITH advised the Community Service Commission is
federally mandated and was founded to distribute Americorps
Funding. The vacancies on the board are optional seats and the
Commission has plenty of members to provide a quorum. CHAIRMAN
GREEN asked whether its funding source is federal. MS. SMITH
replied it is.
Number 460
SENATOR WARD asked how much money that commission appropriates each
year. MS. SMITH did not have that number with her. SENATOR WARD
questioned whether the Take Pride in America Program is affiliated
with that Commission. MS. SMITH answered the Americorps Program
provides funds to local providers for programs such as SAGA, and
repeated she was not familiar with the amount of funds distributed.
CHAIRMAN GREEN asked if current Commission members are aware the
vacant seats will not be filled, and whether those vacancies impact
that Commission in any way. MS. SMITH answered the Commission
meets about three times per year. The federal mandate does not
specify the number of members, but allows membership to be between
15 and 25 individuals. CHAIRMAN GREEN repeated her concern that
current members be informed of the reason vacancies are not filled.
CHAIRMAN GREEN asked about the Compensation Commission. MS. SMITH
explained the State Officers' Compensation Commission was founded
to review and make salary recommendations for exempt positions. It
has not received funding during the knowles Administration and is
inactive. CHAIRMAN GREEN asked what would be required to activate
that Commission. MS. SMITH replied the Commission used to have a
budget, but the Legislature zeroed it out. CHAIRMAN GREEN asked if
that Commission is statutorily required. MS. SMITH believed it is.
SENATOR MACKIE asked whether all costs for federally mandated
commissions, such as the Community Service Commission, are paid for
with federal funds. MS. SMITH stated she is not familiar with the
funding mechanisms of all boards and commissions, but thought that
commission might receive a very small amount of state funds.
SENATOR MACKIE asked how many other boards might not require state
general funds. MS. SMITH replied she could get the answer to the
Senator's question from OMB, and offered to additionally provide
him with a list of the federally mandated boards. SENATOR MACKIE
asked if the state must participate on federally mandated boards to
qualify for funding. MS. SMITH answered affirmatively.
Number 404
CHAIRMAN GREEN mentioned she was previously a member of the
Governor's Council on Handicapped and Gifted; a federally mandated
council. In conversations with members of other boards, it became
obvious many boards have common threads and serve the same
constituency. She asked whether it is possible to create a balloon
board to oversee boards with similar missions to eliminate
duplicative efforts, and still meet federal mandates. MS. SMITH
said the answer is "sometimes." One recent successful merger
incorporated the Vocational Career Education Board, the JTPA Board
and two others into the Human Resource Investment Council. In
trying to combine the Governor's Committee on Employment for People
with Disabilities, the Rehabilitation Advisory Council and the
Assistive Technologies Board, she worked with the regional office
of the federal government to obtain permission.
CHAIRMAN GREEN felt that is the right track because their issues
are combined. MS. SMITH clarified the vacancy list she provided
to the committee is a worksheet and may continue to reflect vacant
seats on the boards that have been merged so that people are not
unnecessarily bumped when a single, smaller board is created. The
vacancies may, or may not, be the seats of members absorbed into
other boards.
CHAIRMAN GREEN asked about the Federal Areas Citizens' Advisory
Committee. MS. SMITH responded that Committee was originally
formed as a temporary advisory agency in 1981. Neither the
Legislature nor the Governor's Office has currently appointed
members to vacant seats. CHAIRMAN GREEN affirmed the Governor's
Office has made no appointments to that board since 1996 and asked
how that board would be reactivated. MS. SMITH said the board
would need a budget within DNR.
SENATOR MACKIE asked if each board and commission has a separate
budget within different departments. MS. SMITH said most do have
a budget, the amounts vary considerably, and are in various
departments. She noted legislative oversight exists in the budget
arena as well.
MS. REARDON explained in the case of licensing boards, an
appropriation is made to the Division of Occupational Licensing.
Those funds come from licensing fees.
SENATOR MACKIE asked whether any vacancies are difficult to fill
because of a lack of interest, or because the board doesn't do
anything, and whether any of those boards can be eliminated. He
noted sunset reviews are controversial and political in nature. He
hoped the committee could assist Ms. Smith in consolidation and/or
elimination efforts. MS. SMITH recalled the last effort made in
that area was by the joint committee put together by Mr. Babcock.
She believes the process of eliminating a board is difficult
because volunteer boards are an inexpensive service delivery
mechanism for the state. One must look at the costs as well as the
benefits, and determine whether a less expensive way of getting the
same services exists.
Number 275
SENATOR MACKIE told Ms. Smith he appreciates her enthusiasm and
efforts to boost participation in state government, and hoped the
committee's comments were not interpreted as suggesting that boards
cost more than they are worth. He believes it is very worthwhile
for the Legislature to periodically examine all activities within
the state to determine whether those activities continue to be
worthwhile.
CHAIRMAN GREEN asked Ms. Smith to return before the committee next
Tuesday to continue review of the list of vacancies and other
questions.
REPRESENTATIVE JAMES asked if staff is made available to boards or
if boards must hire their own staff. MS. SMITH replied, for the
most part, boards have staff, but increasingly the work is
performed by employees who are providing staff services in their
spare time. She felt the budget process is an important place to
ask those questions to ensure boards can do their jobs.
Number 233
CHAIRMAN GREEN asked Ms. Smith to review the January 20 letter and
provide the following:
1. the names and numbers of those not reappointed;
2. the method of notification for those replaced;
3. copies of all correspondence to incumbent boards and
commission members and copies of all letters from incumbent
board and commission members;
4. a list of all applicants for each seat filled on boards;
5. the amount of time each seat remained vacant for each
board or commission, particularly those seats that remain
vacant;
6. confirmation of Mr. Ayers' response to question #7 and
whether that response includes the full extent of the
procedure used by the Boards and Commissions Office; and
7. information on the policy and process used to determine
mid-term replacements.
CHAIRMAN GREEN stated her intent in obtaining this information is
to seek improvement and to answer constituent inquiries about the
process. She added she is still very concerned that some boards
were almost decimated, even though they have not come up for
discussion at this hearing. She is concerned that people who serve
on boards not be embarrassed by an untimely replacement,
particularly those in professional positions. She asked how people
who are full-time employees are notified that they will not be
retained.
Number 165
SENATOR WARD asked Ms. Smith to provide the committee with
information on recruitment or contact procedures of nominees and
for recommendations as to how the committee might be able to help
get more information out about boards and commissions because most
Alaskans are unaware of vacancies and how to apply.
CHAIRMAN GREEN adjourned the meeting at 5:03 p.m.
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