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.
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TAPE/# |
Speaker |
Comments |
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TAPE 20, A |
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005 |
Chair Prozanski |
Calls the meeting to order at 3:18 p.m. Opens public hearing on SB 319. |
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SB 319 – PUBLIC HEARING |
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030 |
Bob Livingston |
Oregon State Fire Fighters Council. Discusses and submits written testimony in support of SB 319 (EXHIBIT A). |
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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. |
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115 |
Daniel Swift |
President, Oregon State Police Officers Association. Discusses support of SB 319. |
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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). |
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230 |
Blitz |
Remarks that each session a similar bill is drafted. Refers to pages 3, 4, and 5 of EXHIBIT B. |
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320 |
Blitz |
Discusses example of City of Hillsboro and their problem with a deficit. Discusses the problem with balancing service levels and funding priorities.
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TAPE 21, A |
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020 |
Blitz |
Summarizes and concludes. |
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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). |
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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. |
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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. |
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125 |
Sen. Whitsett |
Asks Watt’s opinion on the ability of SB 319 to benefit the people of Oregon. |
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135 |
Watt |
Answers question. |
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The following prepared testimony is submitted for the record without public testimony: |
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Mark Landauer |
Lobbyist, City of Portland. Submits written testimony in opposition to SB 319 (EXHIBIT D). |
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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). |
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140 |
Chair Prozanski |
Closes public hearing on SB 319 and opens public hearing on SB 320. |
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SB 320 – PUBLIC HEARING |
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150 |
Anna Braun |
Committee Administrator. Provides an overview of SB 320. |
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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. |
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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). |
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300 |
Daniel Swift |
President, Oregon State Police Officers Association. Testifies in support of SB 320. |
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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. |
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360 |
DeLashmutt |
Answers question. |
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380 |
Sen. Ringo |
Inquires if the dispute is in the concept or the language of the bill. |
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390 |
DeLashmutt |
Answers that he is not sure. Discusses the parallels to nursing. |
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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. |
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TAPE 20, B |
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005 |
Livingston |
Answers question by Sen. Ringo. Remarks that they do not interpret it that way. Discusses their interpretation. |
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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. |
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095 |
Sen. Ringo |
Inquires regarding the outcome of the litigation in Hillsboro. |
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100 |
Blitz |
Answers question. |
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105 |
Sen. Ringo |
Discusses the ambiguity which led to litigation and the need to make things more clear. |
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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. |
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120 |
Blitz |
Remarks that sergeants do not initiate economic discipline. Refers to page 23 of EXHIBIT B. |
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160 |
Chair Prozanski |
Discusses personal experience in Eugene and inquires if Hillsboro is different from this. |
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175 |
Blitz |
Discusses procedures of Hillsboro Police Department. |
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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). |
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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. |
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The following prepared testimony is submitted for the record without public testimony: |
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Mark Landauer |
Lobbyist, City of Portland. Submits written testimony in opposition to SB 320 (EXHIBIT H). |
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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). |
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245 |
Chair Prozanski |
Closes public hearing on SB 320 and opens public hearing on SB 321. |
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SB 321 – PUBLIC HEARING |
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250 |
Anna Braun |
Committee Administrator. Provides an overview of SB 321. |
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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. |
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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. |
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TAPE 21, B |
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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. |
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150 |
Blitz |
Discusses concern of SB 321 changing current law. |
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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). |
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185 |
Miles Ward |
Assistant City Attorney, Gresham, Oregon. Testifies in opposition to SB 321. |
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235 |
Sen. Whitsett |
Inquires if since SB 750 (1995) was passed, arbitration decisions have favored labor, management, or have they been balanced. |
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240 |
Blitz |
Answers that they have kept track of every arbitration decision since SB 750 (1995) and they are split. |
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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. |
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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. |
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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. |
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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. |
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TAPE 22, A |
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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. |
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050 |
Sen. Whitsett |
Inquires how Botkin would define safety measures. |
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055 |
Botkin |
Responds to Whitsett’s comments. Discusses desire to find middle ground. |
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The following prepared testimony is submitted for the record without public testimony: |
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Mark Landauer |
Lobbyist, City of Portland. Submits written testimony in opposition to SB 321 (EXHIBIT M). |
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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). |
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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. |
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SB 426 – PUBLIC HEARING |
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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. |
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185 |
Tim Nesbitt |
President, American Federation of Labor - Congress of Industrial Organizations (AFL-CIO). Testifies in support of SB 426. |
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225 |
Chair Prozanski |
Closes public hearing on SB 426. Adjourns the meeting at 5:25 p.m. |
EXHIBIT SUMMARY