CONFERENCE COMMITTEE ON SB 415 B

 

 

June 8, 2001 Hearing Room 343

7:30 a.m. Tape 1

 

 

MEMBERS PRESENT:            Sen. John Minnis, Chair

                                                Rep. Max Williams

                                                Sen. Peter Courtney

                                                Rep. Vic Backlund

                                                Rep. Jackie Dingfelder

 

MEMBER EXCUSED:            Sen. Verne Duncan

 

 

STAFF PRESENT:                  Craig Prins, Counsel

Patsy Wood, Administrative Support

 

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 1, A

004

Chair Minnis

Calls the meeting to order at 7:58 a.m.

SB 415 B WORK SESSION

007

Chair Minnis

Discusses what is happening with regard to the Portland Public Schools police officers being “line-itemed out” of the budget.  Says that the Portland Police Department is willing to take these individuals in, but they want to do it in an orderly process.  Points out that the B7 amendments are the racial profiling portion previously adopted by the House in a separate bill (EXHIBIT A).

023

Rep. Williams

Describes the B7 amendments and changes that were made from the original bill.  Asks that “directed” be changed to “requested” on page 4, line 23 of the B7 amendments, to keep the voluntary nature of this program intact. 

044

Rep. Williams

MOTION:  Moves to SUSPEND the rules for the purpose of conceptually amending the B7 amendments.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Duncan

048

Chair Minnis

Hearing no objection, declares the motion CARRIED.

 

049

Rep. Williams

MOTION:  Moves to FURTHER AMEND the B7 amendments on page 4, line 23, by changing "directed" to "requested".

 

 

VOTE:  5-0-1

EXCUSED:  1 - Duncan

053

Chair Minnis

Hearing no objection, declares the motion CARRIED.

 

055

Rep. Williams

MOTION:  Moves to ADOPT the conceptually amended B-7 amendments to SB 415.

059

Sen. Courtney

Asks what is included in the phrase “law enforcement officers.”

061

Chair Minnis

Answers that it would be any sworn police officer or any person certified under the Department of Public Safety Standards and Training in the State of Oregon.

072

Kevin Campbell

Oregon Association Chiefs of Police

Feels it is any sworn officer including reserve officers.

074

Sen. Courtney

Asks if that includes correctional officers.

081

Counsel Prins

Reads the former definition of “law enforcement officer” in ORS 181.860.  Describes how a change was made in the House so that “law enforcement officer” is now “public safety personnel” and lists what personnel fall into that category.  Says this bill would delete the definition of “law enforcement officer.”

098

Chair Minnis

Asks where this new definition comes from.

099

Counsel Prins

Responds that it is included in the B-Engrossed version of SB 415 after it passed the House chamber.

101

Campbell

Points out that the B7 amendments are only referring to law enforcement “stops”.

106

Rep. Williams

Explains why “agencies” was changed to “officers” in regard to officers inequitably and unlawfully making stops based on race, color or national origin.

120

 

VOTE:  5-0-1

EXCUSED:  1 - Duncan

120

Chair Minnis

Hearing no objection, declares the motion CARRIED.

 

123

Chair Minnis

Introduces the B9 amendments to SB 415 (EXHIBIT B).  Discusses the issue of the failure of the collective bargaining process to come to an agreement.  Asks legislative counsel for language to address the issue of arbitration or mediation in the event that they fail to come to an agreement.

129

Doug McKean

Legislative Counsel

States there is language in Chapter 243 dealing with collective bargaining that talks about arbitration and mediation.  Feels that this still doesn’t answer the question of failure to agree at the end of mediation.

134

Chair Minnis

Asks about binding arbitration.

135

McKean

Says that something like that could be done by taking out subsection 3 of the new section 5.

137

Chair Minnis

Asks how long it would take to compose this new language.

139

McKean

Indicates that something could be done today, but it would take another meeting to adopt the new amendments.  Says the area of collective bargaining was purposely not taken into consideration.

144

Rep. Williams

Wonders if the new language could be written conceptually.

145

Chair Minnis

Asks Legislative Counsel if a simple reference to the binding arbitration statutes under collective bargaining would suffice.

146

McKean

Responds that he isn’t sure because other interested parties had indicated that they didn't want to refer to collective bargaining.  States that they wanted to talk about an agreement - not collective bargaining.

157

Patricia O’Sullivan

Portland Public Schools

Talks about “representation” of the public safety officers in the school system and tells why they tried to keep it simple.

168

Chair Minnis

Hopes that everyone would be collectively bargaining in good faith, but realizes there is a concern that those first persons coming in would not have an incentive to collectively bargain.

174

Leo Payton

Portland Police Association, City of Portland

Discusses how subsection 3 of section 5 doesn’t give any incentive to the other side to negotiate. 

183

Chair Minnis

Suggests leaving in subsection 3, but add that if you didn’t succeed in your collective bargaining within 12 months, the provision of the statute would take effect.

187

Payton

Thinks it would take less time than that.  Was going to suggest that the City bring them in and keep them in the school police while they collectively bargain their seniority piece. Says that he has given his word to the school district that they will bargain with them.

201

Chair Minnis

Wonders if there is any reason why the teamsters wouldn’t come to an agreement with them in a short period of time.

205

Payton

Responds that he doesn’t know of any reason why they wouldn’t come to an agreement in a short period of time.

207

O’Sullivan

Says there is no one who is not willing to bargain in good faith.  Says she is willing to take out subsection 3 because flexibility is needed in the law quickly.

217

Payton

Agrees and talks about the connection between the school police and city police.

227

Rep. Williams

Says he takes the City of Portland Police and Portland Public Schools at their word to be operating in good faith on behalf of these individuals.

240

Sen. Courtney

MOTION: Moves to SUSPEND the rules for the purpose of conceptually amending the B9 amendments by deleting "subsection 3 on page 1, line 24, and page 2, lines 1 and 2."

243

McKean

Advises the committee against making conceptual amendments to the B9 amendments.

247

Chair Minnis

Reassures legislative counsel that this procedure will work.

252

 

VOTE:  5-0-1

EXCUSED:  1 - Duncan

252

Chair Minnis

Hearing no objection, declares the motion CARRIED.

 

253

Sen. Courtney

MOTION:  Moves to ADOPT the amended SB 415B-9 amendments dated 06/08/01.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Duncan

255

Chair Minnis

Hearing no objection, declares the motion CARRIED.

 

266

Sen. Courtney

MOTION:  Moves SB 415B to the floor with the recommendation that the Senate CONCUR in House amendments dated 05/18/01, in addition to conference committee amendments adopted 06/08/01, and REPASS the Measure.

287

Chair Minnis

Mentions an additional amendment that was drafted with respect to two individuals who are part of the school police transferring over, but do not currently meet the educational requirements of the Portland Police Bureau.  Says that those two individuals will be required to complete that educational portion, but they will be waived initially.

 

334

 

VOTE:  5-0-1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Duncan

339

Chair Minnis

The motion CARRIES.

Sen. Minnis will carry the bill on the Senate floor and

Rep. Williams will carry the bill on the House floor.

 

339

Chair Minnis

Adjourns the meeting at 8:20 a.m.

 

Submitted By,                        Reviewed By,

 

 

 

Patsy Wood,                        Craig Prins,

Office Coordinator                        Counsel

 

EXHIBIT SUMMARY

 

A – SB 415B, -B7 amendments, dated 6/07/01, submitted by staff, 6 pgs.

B – SB 415B, -B9 amendments, dated 6/08/01, submitted by staff, 2 pgs.