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Date, Location and Attendees
Monday, September 11th, 2002
The Association Center, Conference Room A
Salem, Oregon
Members Present:
Charles Hester, CPA, Public Member
David Michael, RG, CEG
William Orr, RG, Board Chairperson
Gary Peterson, RG, CEG
Eileen Webb, RG
Guests Present:
Greg Kupillas, RG
Malia Kupillas, RG
Mark Reed
Karen Reed
Members Absent:
John Beaulieu, RG, CEG, State Geologist
Staff Present:
Susanna Knight, Administrator
At approximately 11:45 AM, during the morning Work Session of the Board, Chairperson William Orr made the following announcement: per ORS 192.660 (1) (f), the Board will move into Executive Session to consider records that are exempt by law from public inspection. The Board returned to regular session at 12:50 PM.
Due to the unexpected availability of Conference Room A for the afternoon, the meeting was moved from the COSA Conference Room.
Chairperson Orr called the meeting to order at 1:25 PM.

The following additions and adjustments were made to the agenda:
VII E. Develop Guidelines for Hydrogeology Reports;
VII F. Request extension of Supreme Court petition;
Public Comment moved to IV.
Hester moved to approve the revised agenda. Seconded and passed.

The following minutes were presented for approval: 6/10/2002 Board Meeting; 7/22/2002 Special Board Meeting; 8/20/2002 Special Board Meeting. Hester moved to approve all minutes as presented. Seconded and passed.

  1. The December 9, 2002, Board Meeting will be held on the Portland State University Campus. Arrangements are pending. The date was subsequently changed to December 3, 2002.
  2. The following meeting dates were tentatively set for 2003: Monday, March 10; Monday, June 9; Monday, September 8; Monday, December 8. Meeting locations will be discussed later.

Guest Malia Kupillas, RG, thanked the Board for looking into the Merrill issue. She requested that the Board notify both the complainant and the respondent when an issue is being discussed by the Board. The Board responded positively to that request and directed the Administrator to do such notification in the future.
Guest Mark Reed, who also was present for the entire morning work session, stated that it would be helpful to stress that scientific completeness is important and that all data used in arriving at conclusions be presented in each completed geology report. This would allow the report reader to independently establish a decision based on the data.
Guest Malia Kupillas, RG, stated that from her position as a Marion County Peer Reviewer, she finds many reports tend to be deficient. This problem prompted Marion County to develop check-off guidelines to be used in the peer review process.

  1. Office Report
    1. AR2002-03: A report summary of staff activities since 6/10/2002 is attached as an addendum to these minutes.
    2. Final Budget Report for July 1, 2001 to June 30, 2002: Knight provided final budget figures for the first year of the biennium. The budget expenses were approximately $11,000 under what was projected. Although interest on bank funds was substantially down from projected (-$4,200), renewals fees were higher than projected. With other cost saving measures enacted, the net income for the biennium was $17,000.
    3. Budget Status for 2001-2003: Knight reported that July, August, and September are the slowest renewal months of the year. The REVENUE AND EXPENSE REPORT for July 1, 2002, to August 30, 2002 (first two months of second year of biennium), indicates a deficit of $10,585.
  2. Committee Report
    1. CEG Exam: Peterson reported that the October 4, 2002, exam will be the inaugural administration of the exam in a new format. There will be 100 multiple-choice questions with a 4-hour time limit. Michael agreed to serve as the proctor. Knight stated that four candidates are scheduled for the test.
    2. OR Specific Exam: Orr reported that he would be preparing the examination. Knight stated that the Work Session activities did not allow time for question development as had been posted on the Work Session agenda. She stated that 11 candidates are scheduled for the test with one of those being proctored in Missouri.
    3. Outreach Committee: Orr had no report. Knight indicated that the draft letter to environmental professors of Oregon universities is now complete. Due to summer schedules on campuses, it has been difficult to acquire mailing addresses of professors. She will do additional work with this and get those letters out in the mail.
    4. Rules & Regulations Committee: Webb directed the Board to review the rules as revised and presented. An ACTION ITEM to adopt these is presented on the agenda. Knight will submit these revised rules to Secretary of State's office pending Board action.
    5. Professional Practice Committee: Michael reported that he would be presenting information about the Board to the AEG Meeting on September 17. He will share the WHITE PAPER with them and accept comments. Due to the full Work Session agenda, additional review of the WHITE PAPER was pre-empted. The paper will be revisited during the December Work Session.
    6. Compliance Committee: Hester distributed his summary of all cases and read statements of his conclusion of all open cases with the Board. He indicated that the following cases have been referred to the Joint Committee: CC #99-01-002; CC #00-07-011; CC #01-01-001; CC# 01-03-002; CC# 01-07-006. The following cases have not yet been advanced to the OSBGE-OSBEELS Joint Committee: CC# 01-09-012 and CC# 01-10-014. Discussion was held on the following cases:
CC #01-12-018 Follow-up discussion was initiated by Hester. Rodney Weick, RG, CEG, served as a Peer Reviewer for this complaint. He presented a report at the morning WORK SESSION. Peterson requested additional clarification from Ms. Kupillas based on his reading of the statute. Kupillas' complaint stated "gross negligence" only, not simply "negligence." Kupillas indicated that she was working off an older copy of the statutes so failed to include the simple word "negligence." Webb was directed to conference with Weick regarding this new information and report back to the Board in December.

CC #02-05-003 Webb reported that a Compliance Committee meeting had been held with the respondent and his attorney in Portland on September 9, 2002. The respondent's attorney recognized that the advertising must be restructured to avoid the appearance of geologic work. Webb is recommending that an AGREEMENT be signed with the respondent.

CC #02-06-004 Webb reported that a registrant had not stamped a geologic report. An Oregon Department of Environmental Quality (DEQ) RG had reported this to the Board. Following discussion, the Board agreed that Registered Geologists must stamp and sign their own work. If they are going to be out of town, they must find a way to properly complete the paperwork, and stamp and sign their work themselves. Webb recommended preparation of a LETTER OF CONCERN.

CC #02-06-006 Michael reported on his review of this case. He had new information based a discussion with Ms. Kupillas. He will conduct more review and research and report back to the December 2002 Board meeting.
  1. Legislative Issues: Beaulieu absent. No report.

  1. AC 02 06 210: Letter from Malia and Greg Kupillas requesting clarification of rules for hydrogeology. Discussion by the Board tied this letter to CC #02-06-006. Since the Compliance Case will be discussed at the December 2002 Board meeting, a response to the issues of this letter also will be addressed at that time.

There was no old business presented for discussion.

  1. Compliance Matters
    1. Regarding CC #01-04-003, Webb moved that the Board approve the AGREEMENT as drafted between the Board and the respondent. Seconded and passed.
    2. Regarding CC #02-05-003, Webb moved that the Board prepare an AGREEMENT that respondent will cease the public practice of geology in Oregon. Seconded and passed.
    3. Regarding CC #02-06-004, Webb moved to issue a LETTER OF CONCERN stating that Oregon geology reports must be stamped and signed by a registrant of this state. Seconded and passed.
    4. Regarding CC #99-01-002, Hester moved to close this case with no action as the respondent, a Professional Engineer, was acting within the authority of his certificate. Seconded and passed.
    5. Regarding CC #01-10-014, Hester moved to close this case due to the fact that the respondent was a licensed Professional Engineer operating within the apparent authority of his certification. There was insufficient documentation to substantiate that the report, prepared by the respondent, related to work that was not adequately completed. Seconded and passed.
  2. Approve Board Policy for Attendance at Council of Examiners and National Association of State Boards of Geologist Meetings:   Hester moved to approve the policy as presented. Seconded and passed. (See attached addendum.)
  3. Approve Rule Revision: Hester moved to approved the rule revisions for the following: OAR 809-040-0001; OAR 809-040-0020; OAR 809-040-0021. Seconded and passed. (See attached addendum.)
  4. Approve Check Log: Hester moved to approve the check log number #1669 to #1713. Seconded and passed.
  5. Guidelines for Hydrogeology Reports: Michael moved to establish a Task Force on developing guidelines for preparing hydrogeology reports. Seconded and passed. Orr appointed Webb to chair the Task Force.
  6. Amicus Brief:  Peterson moved to request AAG Christine Chute to investigate activities necessary for the Board to file an Amicus Brief to support Mr. Linkous' appeal to the Oregon Supreme Court, regarding a Clackamas County hearing, and to report to the Board estimates of efforts and costs of any pursuit. Seconded and passed.
The meeting was adjourned at 4:50 PM.
Respectfully submitted,
Susanna Knight
(Minutes were approved at the December 3, 2002, Board Meeting)