SENATE COMMITTEE ON GENERAL GOVERNMENT
February 22, 2005 Hearing Room B
3:10 P.M. Tapes 20 - 21
MEMBERS PRESENT: Sen. Frank Shields, Chair
Sen. Gary George, Vice-Chair
Sen. Bruce Starr
Sen. Joanne Verger
Sen. Vicki Walker
STAFF PRESENT: Judith Callens, Committee Administrator
Gary Roulier, Committee Assistant
MEASURES/ISSUES HEARD:
HCR 5 – Public Hearing and Work Session
State Accident Insurance Fund Report – Informational Meeting
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 |
|
TAPE 20, A |
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|
003 |
Chair Shields |
Opens the meeting at 3:13 p.m. and opens a public hearing on HCR 5. |
|
HCR 5 – PUBLIC HEARING |
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|
022 |
Judith Callens |
Administrator. Explains the provisions of the bill. |
|
042 |
Sen. Laurie Monnes Anderson |
Senate District 25. Testifies in support of HCR 5. |
|
060 |
Sen. Verger |
Expresses support for the bill. |
|
070 |
Chair Shields |
Closes the public hearing and opens a work session on HCR 5. |
|
HCR 5 – WORK SESSION |
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|
079 |
Sen. B. Starr |
MOTION: Moves HCR 5 be sent to the floor with a BE ADOPTED recommendation. |
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|
|
VOTE: 5-0-0 AYE: In a roll call vote, all members present vote Aye. |
|
|
Chair Shields |
The motion CARRIES. SEN. MONNES ANDERSON will lead discussion on the floor. |
|
088 |
Chair Shields |
Closes the work session on HCR 5 and opens an informational meeting on a report from the State Accident Insurance Fund. |
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STATE ACCIDENT INSURANCE FUND REPORT – INFORMATIONAL MEETING |
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|
109 |
Brenda Rocklin |
Interim President, State Accident Insurance Fund Corporation (SAIF). |
|
130 |
Chair Shields |
Outlines the purpose of the briefing and asks members to list specific areas of concerns. |
|
143 |
Sen. Walker |
Requests information on contracting and lobbying, executive salaries, and fraud referrals. |
|
158 |
Sen. Verger |
Comments that Rocklin has been sent into the company to clean up what other people had done. |
|
182 |
Sen. Walker |
Adds that while Rocklin has done a good job, this report will have value as it will review those areas needing attention. |
|
194 |
Rocklin |
Asks whether Sen. Walker was interested in executive salaries and oversight of those salaries, or if she deems these issues as separate. |
|
204 |
Sen. Walker |
Responds that her concern is with the statement that the board has exercised strong supervision of the president. |
|
212 |
Rocklin |
Begins a summary on fraud referrals within SAIF. |
|
244 |
Rocklin |
Continues with reviews of fraud referrals within SAIF. |
|
284 |
Sen. Walker |
Asks for specific information regarding a particular investigation. |
|
290 |
Rocklin |
Responds with the information and discusses the case with Sen. Walker. |
|
334 |
Rocklin |
Reviews sections of the deposition in question, past practices and the connection with performance measurement. |
|
347 |
Sen. Walker |
Asks about a 1991 practice to pay bonuses for bringing the numbers of claims down. |
|
384 |
Rocklin |
Responds that she has not examined practices back that far. Discusses these past practices with Sen. Walker. |
|
TAPE 21, A |
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|
012 |
Rocklin |
Begins a discussion of SAIF contracts. |
|
053 |
Rocklin |
Reviews contracts that the SAIF board is required to review prior to approval. |
|
070 |
Chair Shields |
Asks how SAIF got into a position where the board was not reviewing specified contracts. |
|
089 |
Rocklin |
Answers that she is not aware of how the situation developed. |
|
113 |
Chair Shields |
Comments that these past practices are disturbing. Asks whether a culture of arrogance somehow developed within SAIF. |
|
136 |
Rocklin |
Responds that the current executive staff is well aware that the SAIF board has an important role to play. |
|
160 |
Sen. Verger |
Asks if the makeup of the board is the same. |
|
162 |
Rocklin |
Responds with a review of the board membership. |
|
167 |
Sen. Verger |
Notes that the board, at some point, would have seen a list of the contracts. |
|
170 |
Rocklin |
Answers that a detailed examination of the budget would have revealed the existence of the contracts. |
|
187 |
Sen. Verger |
States that some budgets are large and complex, and the contracts might not be readily apparent. |
|
198 |
Rocklin |
Comments that it is apparent that the former board members did not focus on the contract area, and instead delegated reviews to the past president. |
|
210 |
Sen. Walker |
Asks when the Governor plans to fill the remaining two board positions. |
|
225 |
Rocklin |
Answers that she does not have a set time frame. |
|
231 |
Sen. Walker |
Asks who the SAIF president reports to. |
|
235 |
Rocklin |
Responds that the position serves at the pleasure of the board of directors. |
|
243 |
Sen. Walker |
Reviews the removal of the past president and the specific statutory authority. |
|
267 |
Rocklin |
Summarizes advertising contracts. |
|
307 |
Chair Shields |
Comments that a lot of things are on hold, waiting for the rest of the board seats to be filled. |
|
316 |
Sen. B. Starr |
Asks if they have any issues with the work that the advertising agency did for SAIF. |
|
334 |
Rocklin |
Answers that a review indicated that SAIF could do some of the work internally and they also needed to develop an advertising strategy. |
|
363 |
Sen. B. Starr |
Asks if the issue is that new leadership at SAIF do not see past advertising practices as appropriate. |
|
381 |
Rocklin |
Responds that is correct. |
|
388 |
Sen. Walker |
Reviews a series of letters to the editor developed by the advertising agency. |
|
404 |
Rocklin |
Notes that while the letters were developed by the advertising agency, SAIF does not consider that to be “advertising.” |
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TAPE 20, B |
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|
013 |
Sen. Walker |
Continues a review of past advertising strategies involving legislators. |
|
023 |
Rocklin |
States that there is a question of semantics as to what constitutes “advertising,” and that they did address that strategy and want to move forward in a different direction. |
|
034 |
Sen. Verger |
Notes that these past practices seem to demonstrate a total disregard for the value of money. |
|
049 |
Sen. George |
Stresses that he is concerned that the paper trail between SAIF and advertisers will not be transparent to the public. |
|
061 |
Rocklin |
Responds that those are public records and are available to the public. Adds that there are some exceptions such as claimant files or employer account records. |
|
076 |
Sen. George |
Asks how we can be assured that an audit would be unbiased. |
|
079 |
Rocklin |
Answers that they will have outside auditors review group contracts. |
|
096 |
Sen. Verger |
Asks about the mutual consent clause contained with the Victory Group contract. |
|
099 |
Rocklin |
Responds that is not a standard contract clause but it was a “SAIF template.” |
|
107 |
Sen. Walker |
Reviews the termination provision within a former Victory Group contract and asks if Cecil Tibbets approved this new language. |
|
129 |
Rocklin |
Refers to the termination paragraph now contained within the contract. |
|
137 |
Sen. Rocklin |
Asks about the two contracts for Mr. Goldschmidt and Mr. Campbell and why they were seen as good contracts to retain. |
|
154 |
Rocklin |
Summarizes a Department of Justice review of the contracts and what she assumed the lobbying efforts would entail. |
|
165 |
Sen. Walker |
Recaps past efforts to rectify public records issues with SAIF. |
|
184 |
Rocklin |
Concludes that there is nothing within the law that would preclude SAIF from using an outside lobbyist. Adds that, unlike other agencies, SAIF competes in the marketplace. |
|
214 |
Chair Shields |
Comments on SAIF lobbyist performance. |
|
218 |
Sen. Walker |
Asks about the model guidelines for lobbyists being developed and whether they conform to Department of Administrative Services model guidelines. |
|
222 |
Rocklin |
Responds that SAIF is currently operating within those guidelines. |
|
233 |
Sen. Walker |
Asks if this is an issue to be discussed with the present board rather than waiting until the full board is in place. |
|
236 |
Rocklin |
Answers that they will present the guidelines at the next board meeting. |
|
239 |
Sen. Walker |
Asks if there are other contracts that contain a mutual consent clause. |
|
241 |
Rocklin |
Answers that she was not able to find other contracts with this particular clause. |
|
256 |
Sen. Verger |
Asks how confidence can be restored in SAIF. |
|
284 |
Rocklin |
Responds that the problems were at the top and emphasizes that SAIF employees were doing a good job for Oregon’s injured workers. |
|
315 |
Rocklin |
Discusses expectations for the top management within SAIF. |
|
346 |
Rocklin |
Stresses that the current board is providing appropriate oversight. |
|
370 |
Sen. Verger |
Asks for a summary of the backgrounds of the SAIF board members. |
|
376 |
Rocklin |
Summarizes the board member backgrounds. |
|
414 |
Sen. George |
Talks about a culture at SAIF which he described as “arrogant” and asks what assurances they would have that these past political campaigns would not be conducted in the future. |
|
TAPE 21, B |
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|
022 |
Rocklin |
Responds that they are auditing the contracts to assure that these practices are not continued. |
|
047 |
Sen. Walker |
Asks about past SAIF board minutes and discussions involving the Associated Oregon Industries contract. |
|
063 |
Rocklin |
Answers that they are reviewing the contract and summarizes the negotiations. |
|
086 |
Chair Shields |
Notes that the discussions regarding the contracts may be altered based on public knowledge of SAIF practices with regard to contracts. |
|
103 |
Rocklin |
States that the SAIF board is concerned with payment for a magazine that contains such a large amount of political comment. |
|
120 |
Chair Shields |
Asks if these contracts have been analyzed to determine that the state is getting the most for the dollars invested. |
|
136 |
Rocklin |
Responds that an outside audit will make those determinations. |
|
143 |
Sen. Verger |
Notes that she would have an interest in whether they are putting these contracts out for competitive bidding. |
|
150 |
Sen. George |
Expresses concern over a state agency performing an editorial function, and wants assurances that undue influence on legislators won’t be brought to bear in the future. |
|
161 |
Rocklin |
Answers that the agency would simply be an advertiser and would not control editorial content. |
|
174 |
Sen. George |
Reviews a past occurrence where advertising purchases were made to influence policy. |
|
188 |
Rocklin |
Assures the senator that is not the proper way to run an advertising campaign. |
|
194 |
Sen. George |
Asks whether the advertising emphasis will be on selling insurance. |
|
196 |
Rocklin |
Responds that they want to sell insurance and also want to inform Oregonians about SAIF. |
|
214 |
Rocklin |
Reviews diversity issues and cultural competence within SAIF. |
|
240 |
Chair Shields |
Comments on the failure to perform injured worker surveys in Spanish until recently. |
|
261 |
Sen. George |
Comments on some of the medical practices preferred by foreign workers. |
|
275 |
Chair Shields |
Reviews experiences with refugees from the former Soviet Union. |
|
314 |
Sen. Walker |
Expresses concern that SAIF executive salaries are “high,” and asks how salaries are determined. |
|
352 |
Rocklin |
Responds with a summary of how salaries are set within SAIF. Adds that they are working with an outside company to look at compensation levels. |
|
391 |
Chair Shields |
Closes the informational meeting and adjourns the meeting at 5:05 p.m. |
EXHIBIT SUMMARY
None Submitted