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Meetings
Date, Location and Attendees
MEETING MINUTES
Friday, June 10, 2005
Conference Room, Sunset Center South
Salem, Oregon
 
Board Members Present:
Vicki McConnell, PhD, RG, State Geologist
David Michael, RG, CEG, Board Chair
Allen Morris, Public Member
William Orr, PhD, RG
Gary Peterson, RG, CEG
Eileen Webb, RG
 
Staff Present:
Susanna Knight, Administrator
 
Guests Present:
None

Opening Statement
The Board meeting was preceded by a 9:00 AM Work Session. Christine Chute, AAG for the Board, joined the work session to consult with the Board. Chair Peterson stated:
 
"The Board will now meet in executive session for the purpose of reviewing documents that are exempt by law from public inspection under ORS 192.660(2)(f). Representatives of the news media and designated staff shall be allowed to attend the executive session. All other members of the audience are asked to leave the room. Representatives of the news media are specifically directed not to report on any of the deliberations during the executive session, except to state the general subject of the session as previously announced. No decision will be made in executive session. At the end of the executive session, we will return to open session and welcome the audience back into the room."
 
The Board returned from the Executive Session at 10:45 AM. Peterson announced that no decisions were approved during the Work Session.
 
The Board worked through the statute changes with Chute that had been drafted prior to the 73rd Legislative Assembly by Webb. The Budget Committee then discussed the revised budget which included changes effective July 1 as the Board continues a joint arrangement with the Landscape Architect Board. Budget discussion continued through the working lunch. The continuing education question was referred to the Professional Practice Committee for input at the September meeting. A break occurred before the convening of the Rules Hearing at 1:00 PM.
The Board meeting was called to order following the Public Rulemaking Hearing by Chair Peterson at 1:15 PM.

I. APPROVAL OF AGENDA
McConnell requested the opportunity to seek input from the Board on a Compliance Case. Two additional agenda items were added: IV.F. AC 05 06 197 and VII. D. Report on Board Member Webb’s trip to the May 26, 2005, California Board meeting. Michael moved to approve the agenda with the additions as stated. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

II. APPROVAL OF MINUTES
Michael moved to approve the March 8, 2005, meeting minutes. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

III. ANNOUNCEMENTS
Webb announced that Ken Neal, Washington Board member, is chairing the committee that is studying how ASBOG could fund the Council of Examiners. Webb carried the resolution prepared by the Oregon Board to the 2004 National ASBOG Meeting in Boise, Idaho, last November and currently serves as a committee member evaluating the resolution. The committee has submitted a draft to the ASBOG Executive Committee which includes historical information. The committee agreed that cost should be reduced for the ASBOG national meeting. Webb will forward the committee’s draft document to all Board Members.

IV. CORRESPONDENCE
  1. AC 05 04 123: The Board discussed this second request from a registrant to remove his name from the registrant list. The Board confirmed their previous position that the registrant should allow his registration to lapse, and that over a 5-year period, it would expire and be removed from the Board records. Knight was directed to invite the registrant to the next Board Meeting to state his case to the Board should he desire.
  2. AC 05 04 130: Peterson stated that it is good to receive "kudos" in recognition of the Board’s efforts to control cost of regulating the practice. This email congratulated the Board for saving administrative costs. The registrant is also registered in both California and Washington and noted that renewal costs are much higher there.  
  3. AC 05 04 174: This correspondence requests the Board to accept the California examination for registration in Oregon. The Board stated that our Administrative Rules require the ASBOG examination for registration. Webb suggested that this Rule should be a discussion item for a future Board meeting. Orr suggested that such a discussion should be a retreat item.  
  4. AC 05 05 164: Knight stated that the registrant has withdrawn the request for reimbursement as stated in the letter.  
  5. AC 05 05 178: In reviewing the comments of a registrant regarding the review by non-registered geologists of geologic reports prepared by Registered Geologists, this document and its concerns was referred to the DEQ Outreach Subcommittee.  
  6. AC 05 06 197: Michael stated that numerous Board members were recently called by the Bay City Planner regarding the practice limitations of an RG. ORS 672.525 (7) and ORS 672.505(3) identify what work can only be completed by a CEG. Knight is to write a letter to the Bay City Planner stating when an RG would be violating the statute and to cc that correspondence to the City Attorney for Bay City.
  7. AC 05 06 185: This correspondence is a discrimination complaint against OSBGE. Per the Board’s Attorney, the Board should wait until they hear directly from the US Department of Justice.

V. REPORTS
  1. Office Report
    1. AR2005-02: Knight distributed the quarterly report summarizing staff activities since the March 8, 2005, Board meeting. See the attachment to these minutes.
    2. Knight distributed the year-to-date Revenue and Expense Report. There should be a minimal carry-over to the next biennium, as through June 9, funds are $8,686.00 more revenue than expenses. A payment due from the Landscape Architect Board for administration of their office since December 1, 2004, is pending, but was not part of the 2003-05 budgeted dollars.
    3. Knight requested input from the Board regarding stipend eligibility. A $30.00 stipend is provided for attending Board meetings. The Board discussed whether committee meetings would be eligible for the stipend. Knight is to develop stipend guidelines for the September Board meeting.
    4. Knight reported that the revised draft budget included contract dollars from OSLAB for the 2005-07 biennium and the addition of a half-time staff. The Budget Committee has reviewed the revision as shared during the work session.
    5. The Board encourages new Board members to attend the ASBOG National meeting immediately upon their appointment. Knight rotates the Board’s voting delegate based on availability of Board Members and previous attendance. The first time voting delegate is also asked to attend the COE not in conjunction with the national meeting so that that Board Member understands the whole exam development process. Knight will continue to keep Board Members updated on their status for attending the COE or serving as delegate to the ASBOG national meeting and will prepare a historical grid of national meeting attendance.
  2. Committee Reports
    1. CEG Examination: Michael reported that Oregon/Washington Boards successfully completed another question writing 2-day development session. Knight must now follow-up with the Washington Board about the status of the additional questions finalized by exam writers. Peterson stated that all four March CEG examination candidates cleared the bar well.
    2. OR-Specific Exam:Orr shared an email [AC 05 06 1947] sent by a current registrant unhappy that the Board discontinued the Oregon Geology Examination. The Board has had comments by both happy and unhappy people since the decision at the March 2005 meeting to discontinue the exam.
    3. CEG Report Guideline Committee:Michael reported that the revisions are now in the volunteer hands.
    4. Hydrogeology Guideline Committee:Webb stated that the document is complete and ready for adoption. The committee is now in hiatus
    5. MOU Joint Committee: Peterson reported that a meeting was held at OSBEELS on May 6, 2005, to discuss the status of the MOU. OSBEELS previously withdrew from the MOU. Attending for OSBGE were Peterson, Orr, and Knight. Attending for OSBEELS was Board Member Suzanne Laslow and Compliance Officer Brian Halfman. The meeting highlighted the difference in understanding about how the Joint Committee should work. Subsequent to the May 6 meeting, OSBEELS voted to reinstate their participation in the MOU. The next committee meeting is scheduled for Friday, July 15, 2005.
    6. Outreach Committee:Orr suggested that the Board issue a letter to all new geology graduates from the Oregon University System congratulating them on their graduation milestone. Perhaps Higher Education can assist with the graduate names. The Board should also do an outreach session to all universities to talk to geology majors, perhaps in the fall.
    7. Rules & Regulations Committee:Numerous rule changes are required due to the Board’s decision to discontinue the Oregon Geology examination as of June 1, 2005..
      1. Webb moved to remove the line with reference to the Oregon Geology examination from OAR 809-040-0002. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
      2. Webb moved to remove the Oregon Geology testing requirement from OAR 809-040-0006 and reduce this rule from three to two lines. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
      3. Webb moved to delete (1)(d) from OAR 809-050-0010 which will remove the requirement for the Oregon Geology examination from the rule and remove the requirement under (3) for those noticing under the 60-day window to pass the Oregon Geology examination. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
      4. Webb moved to remove from rule any other reference that might require passing the Oregon Geology examination or provide information about the Oregon geology examination. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
      5.  Webb moved to adopt the revised draft wording for OAR 809-010-0025 which reflects the new budget amount and additional information within the rule body. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
    8. Professional Practice Committee: Michael reported that the committee met face-to-face on May 18, 2005. Present were Jonathan Sprecher, Rowland French, and Tim Blackwood. Absent was Doug Gless and Jim Fischer. The final draft of The White Paper was recently emailed to each Board Member. The Board should be ready to discuss this document at the September meeting. Michael reminded the Board that the White Paper is a living document, always changing. He inquired as to the ongoing role of the committee. He suggested that the Professional Practice Committee be an ongoing resource for practice questions. Knight suggested that the White Paper be a Work Session agenda for September. Webb inquired about the developing guidelines for geologic reports. McConnell stated that some things are common to all reports, but a very general document could be created.
    9. Compliance Committee: Morris directed the discussion of the outstanding compliance reports. He requested that the technical member report on the status of each complaint.
      1. CC#05-02-002: Webb distributed a summary of a Committee Meeting with the respondent. The following were present: respondent, Morris, Webb, and Knight. Webb inquired as to whether there is a cutoff date for reports when the Board will choose not to review. Orr stated that any report provides a "teaching moment". He stated that committee meetings build for a pattern of performance. Webb recommended that Knight issue a letter thanking the respondent for visiting with the Committee and stating that any post-committee meeting geology reports requires an RG. Include a statement that the Board understands that he is currently using a Registered Geologist.
      2. CC#05-03-003: Webb reported that a delightful meeting was held on May 26. In attendance were Webb, Morris, Knight, and owners of two different Northwest Aquifer Survey franchises. The owners were very cooperative and understood that the reports they prepare come under the regulatory arm of OSBGE and that they are in violation of the geology statute unless the person signing off on the reports is registered with this Board. The person currently signing off on their reports is not registered in Oregon. They will encourage him to get his Oregon registration, as he is in violation of Oregon law if stamping documents now.
      3. CC#05-04-004: McConnell stated that she had reviewed a DEQ report submitted by a citizen who believed a violation of geology statute occurred. She was unclear about whether summarizing the stratigraphy required an RG. The Board discussed what constitutes the practice. If there is no interpretation, the report is not the practice of geology. However, the report writer should reference the source of information in a clear manner.

        Board Member Michael requested that item V.F. be discussed at this time. Following that discussion, he was excused at 3:35 PM.

      4. CC#05-04-006: Peterson reported that a concern was presented by an RG questioning whether an individual was practicing geology without registration. Peterson’s review indicates that the report preparer was only interpreting what others did. Close case as no action is required.
      5. CC#04-07-004: McConnell reported that she, Morris and AAG Chute met with the respondent and his attorney on May 6, 2005. McConnell clearly identified the flaws in the respondent’s report. Peterson stated that mediation with this respondent on a previous case has just concluded and the Board had extensive discussion about this respondent during Executive Session today. Orr moved to revoke registration #G997 for issuing a report that was negligent in meeting the standard of acceptable practice of registered geologists and that reflects a pattern of negligence, gross negligence, incompetence, or misconduct in the practice of geology. Seconded and passed. Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

        Peterson authorized a 5-minute break before continuing with the agenda.

    10. Legislative Issues: Knight briefly discussed SB 55, an Engineering bill working its way through the Legislative session and SB 405, legislation to give semi-independent Boards borrowing authority. She reported that as of June 9, SB 405 had been vetoed by the Governor. SB 55 is currently in a referral process.

VI. OLD BUSINESS
  1. Tribal Policy: Morris and McConnell did research in developing this draft policy. They asked the Board to study and provide input to the committee for review before the next Board meeting. McConnell reported that there were two sessions at the Tribal Council Day at the Capitol, one on Government and Tribal Policy and one on Government and Water. McConnell reminded the Board that they must be aware that the seven tribes in Oregon represent seven sovereign nations and each must be contacted separately. [Note: Webb, Morris and Knight also attended the tribal open house at the Capitol but did not have information concerning the breakout sessions.]
  2. Disclosure Statement: not available for review; forward to September Board meeting.
  3. Procedural Agreement: Knight was directed to wait one month, then email this document to all Board Members. At that time, set a deadline to offer input; incorporate additional input into document and place the final draft on the agenda of the next Board meeting.
  4. DEQ Visit: On May 5, 2005, Webb and Peterson met with Mr. Al Kiphut and Ms. Pat Vernon, Oregon Department of Environmental Quality (DEQ).  DEQ agreed on the benefit of performing continuous and ongoing outreach to DEQ Project Managers regarding the function of OSBGE and its authority over specific DEQ geologic work.  The Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) also participated through its Administrative Assistant.  OSBGE recommended providing presentations at the DEQ Project Managers' quarterly meetings.  DEQ is divided into numerous regions.  A volunteer RG from each DEQ region will be recruited to act as the regional contact to DEQ, on behalf of OSBGE.  Meeting follow-up is needed to establish a strategy to achieve the outreach goals of OSBGE to DEQ.

VII. NEW BUSINESS
  1. Agreement with OSLAB for Administrative Services: The Board discussed the draft agreement with the Oregon State Landscape Architect Board for providing their Administrative Services in the next biennium. They suggested that a statement be included requiring payment for services on the first day of each month and that the contract pass the AAG’s scrutiny. Orr moved to give the Board Chair authority to enter the Agreement with OSLAB. Seconded and passed. Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  2. Annual Conference, Association of Oregon Counties: Knight distributed a summary document about her discussion with the AOC office. The next annual conference is November 15 to 18 in Eugene. When participating the first time, there is no charge. The Board would like to participate.
  3. Interpretation of ORS 672.545(3)(a) [AC05 05 169]: The Board discussed the document prepared by the Attorney General’s office. McConnell inquired if the original intent was to avoid requiring duplicate registration. Peterson responded, no, but he did suggest that since the language is old, perhaps Mining and Civil Engineers should be replaced with Environmental and Geotechnical Engineers, which reflects the change in the Engineering registration.
    Webb reported that she attend the California Board Meeting on May 20, 2005. Four Board Members were present. She was not there representing the Oregon Board, but rather, at the invitation of the California Board Administrator, she shared the reason the Oregon Geology examination was recently eliminated. The California Board discussed having an examination on California law. Their Examination Committee will continue to discuss this issue and come back to their Board. Webb noted that their AG attended the entire meeting

VII. ITEMS FOR BOARD ACTION
  1. Compliance Matters: Morris stated that all action on compliance issues was handled during the Committee Reports.
  2. Adopt Hydrogeology Guidelines: Webb moved to adopt the Hydrogeology Report Guidelines as presented to the Board. Seconded and passed. Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  3. Adopt Procedural Agreement for Compliance Cases: delayed to the next meeting.
  4. Adopt Disclosure Statement: moved to September agenda.
  5. Approve Check Log: Webb moved to approve the check log including check #2151 to #2204, and #9017 to 9019. Seconded and passed. Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  6. Approve 2005-07 Budget: Peterson offered the revised budget which includes the increase in the Administrator salary and the contract with OSLAB. Morris moved to approve the budget for the 2005-07 biennium with projected expenses and revenue of $330,000 with two caveats: 1) execution of the contract with OSLAB must be concluded and 2) the AAG must endorse the contract. Seconded and passed. Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

VIII. PUBLIC COMMENT
No public was present so no public comments were received.
Peterson adjourned the Board Meeting at 4:57 PM.
 
Respectfully submitted,
 
Susanna Knight
Administrator
 
(Minutes were approved at the September 9, 2005, Board Meeting)