SENATE COMMITTEE ON COMMERCE

 

 

February 24, 2005                                                                                                   Hearing Room C

3:10 P.M.                                                                                                                     Tapes  20 - 22

 

MEMBERS PRESENT:         Sen. Prozanski, Chair

Sen. Beyer, Vice-Chair

Sen. Burdick

Sen. Ringo

Sen. Whitsett

 

STAFF PRESENT:                 Anna Braun, Committee Administrator

Karen Scoffield, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                SB 319 – Public Hearing

                                                SB 320 – Public Hearing

                                                SB 321 – Public Hearing

                                                SB 426 – Public Hearing

 

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 20, A

005

Chair Prozanski

Calls the meeting to order at 3:18 p.m. Opens public hearing on SB 319.

SB 319 – PUBLIC HEARING

030

Bob Livingston

Oregon State Fire Fighters Council. Discusses and submits written testimony in support of SB 319 (EXHIBIT A)

085

Brian DeLashmutt

Oregon Council of Police Associations (OCPA), Association of Oregon Corrections Employees (AOCE), Federation of Oregon Parole and Probation Officers.  Testifies in support of SB 319. 

115

Daniel Swift

President, Oregon State Police Officers Association.  Discusses support of SB 319.

140

Akin Blitz

Oregon Fire Chiefs’ Association, Oregon Association Chiefs of Police, Oregon State Sheriffs Association, Association of Oregon Counties, League of Oregon Cities and Special District Associations of Oregon. Discusses and submits written testimony in opposition to SB 319 (EXHIBIT B).

230

Blitz

Remarks that each session a similar bill is drafted. Refers to pages 3, 4, and 5 of EXHIBIT B. 

320

Blitz

Discusses example of City of Hillsboro and their problem with a deficit.  Discusses the problem with balancing service levels and funding priorities.

 

TAPE 21, A

020

Blitz

Summarizes and concludes.   

045

Scott Lazenby

City Manager, Sandy, Oregon. Representing City of Sandy, League of Oregon Cities, Special Districts Association of Oregon and Association of Oregon Counties.  Discusses and submits written testimony in opposition to SB 319 (EXHIBIT C)

070

Miles Ward

Assistant City Attorney, City of Gresham, Oregon.  Discusses opposition to SB 319.  Remarks that SB 319 will take away components that arbitrators can consider and will therefore benefit employees.

100

John Watt

Representing Jackson County, Oregon. Testifies in opposition to SB 319.  Comments that he voted on SB 750 (1995) and that management did not get everything they wanted. 

125

Sen. Whitsett

Asks Watt’s opinion on the ability of SB 319 to benefit the people of Oregon.

135

Watt

Answers question.

The following prepared testimony is submitted for the record without public testimony:

 

Mark Landauer

Lobbyist, City of Portland.  Submits written testimony in opposition to SB 319 (EXHIBIT D).

 

Ken Armstrong

Oregon Fire Chiefs’ Association.  Submits written testimony on behalf of Oregon Fire Chiefs’ Association, Oregon Association of Chiefs of Police and Oregon State Sheriff’s Association in opposition to SB 319 (EXHIBIT E).

140

Chair Prozanski

Closes public hearing on SB 319 and opens public hearing on SB 320.

SB 320 – PUBLIC HEARING

150

Anna Braun

Committee Administrator.  Provides an overview of SB 320.

160

Bob Livingston

Oregon State Fire Fighters Council.  Discusses and submits written testimony in support of SB 320 (EXHIBIT F).  Discusses knowledge of employees who do not take further advancement in employment because of the lack of protection for a “supervisory” employee.

215

Brian DeLashmutt

Oregon Council of Police Associations (OCPA), Association of Oregon Corrections Employees (AOCE), Federation of Oregon Parole and Probation Officers.  Discusses previous comments from another witness.  Discusses support of SB 320.  Discusses SB 750 (1995).

300

Daniel Swift

President, Oregon State Police Officers Association.  Testifies in support of SB 320.

340

Sen. Ringo

Comments on the ambiguity of an employee having a supervisory role.  Comments on the concerns of the opponents to SB 320.  Asks how the fact that there is a continuum in the advancement of employment can be resolved.

360

DeLashmutt

Answers question.

380

Sen. Ringo

Inquires if the dispute is in the concept or the language of the bill.

390

DeLashmutt

Answers that he is not sure. Discusses the parallels to nursing.

405

Sen. Ringo

Inquires as to the reason for moving away from including the Public Employees Retirement System (PERS) and healthcare costs in the comparison.

TAPE 20, B

005

Livingston

Answers question by Sen. Ringo.  Remarks that they do not interpret it that way.  Discusses their interpretation.

050

Akin Blitz

Oregon Fire Chiefs’ Association, Oregon Association Chiefs of Police, Oregon State Sheriffs Association, Association of Oregon Counties, League of Oregon Cities and Special District Associations of Oregon.  Discusses and submits written testimony in opposition to SB 320 (EXHIBIT B).  Comments on the difference between firefighters and police officers.  Discusses litigation in Hillsboro regarding sergeants being in the bargaining unit.

095

Sen. Ringo

Inquires regarding the outcome of the litigation in Hillsboro.

100

Blitz

Answers question.

105

Sen. Ringo

Discusses the ambiguity which led to litigation and the need to make things more clear.

110

Blitz

Remarks that the issue is not only because of the ambiguity of the law, but because of the facts in a specific police department.  

120

Blitz

Remarks that sergeants do not initiate economic discipline. Refers to page 23 of EXHIBIT B. 

160

Chair Prozanski

Discusses personal experience in Eugene and inquires if Hillsboro is different from this.

175

Blitz

Discusses procedures of Hillsboro Police Department.

200

Scott Lazenby

City Manager, Sandy, Oregon. Representing City of Sandy, League of Oregon Cities, Special Districts Association of Oregon and Association of Oregon Counties.  Discusses and submits written testimony in opposition to SB 320 (EXHIBIT G).

230

Blitz

Comments on the situation in small cities where the City Manager makes decisions on economic discipline and the police chief would not be a supervisor.

The following prepared testimony is submitted for the record without public testimony:

 

Mark Landauer

Lobbyist, City of Portland.  Submits written testimony in opposition to SB 320 (EXHIBIT H).

 

Ken Armstrong

Oregon Fire Chiefs’ Association.  Submits written testimony on behalf of Oregon Fire Chiefs’ Association, Oregon Association of Chiefs of Police and Oregon State Sheriff’s Association in opposition to SB 320 (EXHIBIT I).

245

Chair Prozanski

Closes public hearing on SB 320 and opens public hearing on SB 321.

SB 321 – PUBLIC HEARING

250

Anna Braun

Committee Administrator.  Provides an overview of SB 321.

255

Bob Livingston

Oregon State Fire Fighters Council. Discusses and submits written testimony in support of SB 321 (EXHIBIT J).  Comments on the hard work and professionalism of firefighters in Oregon. Discusses current law. Discusses the need of the passing of SB 321.

360

Brian DeLashmutt

Oregon Council of Police Associations (OCPA), Association of Oregon Corrections Employees (AOCE), Federation of Oregon Parole and Probation Officers.  Discusses support of SB 321. 

410

Dan Swift

President, Oregon State Police Officers Association. Discusses support of SB 321.

TAPE 21, B

030

Akin Blitz

Oregon Fire Chiefs’ Association, Oregon Association Chiefs of Police, Oregon State Sheriffs Association, Association of Oregon Counties, League of Oregon Cities and Special District Associations of Oregon.   Discusses and submits written testimony in opposition to SB 321 (EXHIBIT B).  Discusses concern of changing safety and staffing to become mandatory subjects of bargaining.

150

Blitz

Discusses concern of SB 321 changing current law. 

170

Scott Lazenby

City Manager, Sandy, Oregon. Representing City of Sandy, League of Oregon Cities, Special Districts Association of Oregon and Association of Oregon Counties.  Discusses and submits written testimony in opposition to SB 321, 319 and 320 (EXHIBIT K)

185

Miles Ward

Assistant City Attorney, Gresham, Oregon. Testifies in opposition to SB 321.

235

Sen. Whitsett

Inquires if since SB 750 (1995) was passed, arbitration decisions have favored labor, management, or have they been balanced.

240

Blitz

Answers that they have kept track of every arbitration decision since SB 750 (1995) and they are split.

250

Joe Schaeffer

Service Employees International Union (SEIU). Testifies in support of SB 321.  Discusses the need of employees to be able to discuss safety concerns at the bargaining table.

300

John Cock

SEIU.  Testifies in support of SB 321.  Discusses cut backs in staffing.  Comments that SB 321 will allow them to sit down and share concerns with management.

340

Roy Carter

SEIU.  Testifies in support of SB 321.  Discusses the need of employees to be able to discuss staffing needs and concerns with their employers.  

370

Jim Walker

SEIU. Mental Health Therapy (MHT) Coordinator, Oregon State Hospital.  Discusses and submits graph showing MHT mandates in support of SB 321 (EXHIBIT L). Discusses low staffing levels and the overtime being worked.  Comments on the need of more staff. 

TAPE 22, A

030

Mary Botkin

American Federation of State County and Municipal Employees (AFSCME).  Discusses needs in the past to come to the Legislature to obtain safety equipment for their officers in the state penitentiaries because they could not discuss safety. Discusses support of SB 321.

050

Sen. Whitsett

Inquires how Botkin would define safety measures.

055

Botkin

Responds to Whitsett’s comments.  Discusses desire to find middle ground.

 

The following prepared testimony is submitted for the record without public testimony:

 

Mark Landauer

Lobbyist, City of Portland.  Submits written testimony in opposition to SB 321 (EXHIBIT M).

 

Ken Armstrong

Oregon Fire Chiefs’ Association.  Submits written testimony on behalf of Oregon Fire Chiefs’ Association, Oregon Association of Chiefs of Police and Oregon State Sheriff’s Association in opposition to SB 321 (EXHIBIT N).

075

Chair Prozanski

Closes Public hearing on SB 321 and opens public hearing on SB 426.  Comments on the inability to move to a work session on SB 426 today.

SB 426 – PUBLIC HEARING

125

Rep. Rosenbaum

House District 42. President, National Labor Caucus of State Legislators. Discusses and submits written testimony in support of SB 426 (EXHIBIT O).  Discusses concern of wording in line 28, page 1 of SB 426.

185

Tim Nesbitt

President, American Federation of Labor - Congress of Industrial Organizations (AFL-CIO).  Testifies in support of SB 426.

225

Chair Prozanski

Closes public hearing on SB 426. Adjourns the meeting at 5:25 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 319, written testimony, Bob Livingston, 1 p
  2. SB 319, 320, 321, written testimony, Akin Blitz, 35 pp
  3. SB 319, written testimony, Scott Lazenby, 2 pp
  4. SB 319, written testimony, Mark Landauer, 2 pp
  5. SB 319, written testimony of Oregon Fire Chiefs’ Association, Oregon Association of Chiefs of Police, Oregon State Sheriff’s Association, Ken Armstrong, 2 pp
  6. SB 320, written testimony, Bob Livingston, 2 pp
  7. SB 320, written testimony, Scott Lazenby, 2 pp
  8. SB 320, written testimony, Mark Landauer, 2 pp
  9. SB 320, written testimony of Oregon Fire Chiefs’ Association, Oregon Association of Chiefs of Police, Oregon State Sheriff’s Association, Ken Armstrong, 2 pp
  10. SB 321, testimony, Bob Livingston, 1 p
  11. SB 321, written testimony, Scott Lazenby, 2 pp
  12. SB 321, graph, Jim Walker, 2 pp
  13. SB 321, written testimony, Mark Landauer, 2 pp
  14. SB 321, written testimony of Oregon Fire Chiefs’ Association, Oregon Association of Chiefs of Police, Oregon State Sheriff’s Association, Ken Armstrong, 2 pp
  15. SB 426, written testimony, State Representative Diane Rosenbaum, 1 p