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Date, Location and Attendees
Tuesday, September 14, 2004
Conference Room, Sunset Center South
Salem, Oregon
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
Members Excused:
Eileen Webb, RG
Staff Present:
Susanna Knight, Administrator
Christine Chute, AAG (Work Session only)
Guests Present:

Opening Statement; Call to Order
The meeting was preceded by a Work Session. Chair Michael convened the Work Session at 9:00 AM. AAG Christine Chute was present for consultation. Michael stated that the Board would move into Executive Session for the purpose of reviewing documents that are exempt from public inspection under ORS 192.660(2)(f). The Board returned to open session at 9:45 AM declaring that items discussed in the Executive Session would be acted on during the meeting. The Board discussed the draft of LC445 recognizing that any revisions would be due to Legislative Counsel by Wednesday, September 15. Chute provided input about the draft. The Board also discussed with Chute Legislative Fiscal Office’s possible agenda with regards to their extensive review of various Boards and Commissions. Following Chute’s departure, the Board began their review of the 9/13/2004 draft of the White Paper. Michael requested that a conceptual paragraph-by-paragraph review be conducted, that the paper was not yet ready for a line-by-line review. He indicated that Webb provided Phase I and Phase II information and that paleontology information was provided by Orr. The hydrogeology piece has not yet been received. Knight reported that per Webb’s request, she had researched the role of an ex-officio member of the Board. Although they are not allowed to vote, they may serve in any capacity as other members of the Board. Knight also shared Webb’s desire to see a hydrogeologist appointed to the Board when the next vacancy occurs. The Board reviewed the current action list, cleared some items and agreed to clear more over the next quarter. A short discussion was held of a form titled DISCLOSURE STATEMENT. Revision of this form was assigned to Orr. Knight read Webb’s email concern about moving forward with the conversion of the Oregon Geology exam from its current essay format to a multiple-choice format. Lunch was consumed during the Work Session.
The meeting was called to order by Chair Michael at 1:30 PM.

The agenda was approved with the following changes and additions: VIII(A), add 2.CC#03-12-008; 3.CC#03-08-004; 4. CC#03-08-005; 5. CC#03-10-007; VIII (E) change “handle completion of” to "review."

The minutes of the 6/6/2004 Board Meeting were approved as presented.

The next Board Meeting will be scheduled for Tuesday, December 7, 2004, on the campus of OSU, Corvallis.

  1. Office Report
    1. AR2004-03: Knight stated that the SUMMARY OF STAFF ACTIVITIES since 6/6/2004 failed to list a visit from LFO all day on 6/22/2004. Following a meeting with the LFO employee, that employee studied Board minutes and other documents. Knight requested that the Board discuss Vehicle Liability Coverage (VLC). The Board concurred that VLC should be added to the coverage with DAS/RMD. Knight stated that she would not attend the ASBOG national meeting in Boise in November, as no Administrator meeting is planned. Knight also shared a recent DAS document stating guidance for travel, both in and out of state. She then distributed a draft document discussing GUIDELINE FOR BOARD MEETING LOCATIONS prepared with Michael’s input and a RESOLUTION document for ASBOG suggesting investigating alternative funding of Board Members attending the Council of Examiners (COE) prepared with Webb’s input.
      1. Morris moved to adopt the GUIDELINE FOR BOARD MEETING LOCATIONS with the addition of Western Oregon University, Southern Oregon University, and Oregon State University, Bend campus to the university rotation that is scheduled for December each year. McConnell stated that the Board should meet on the Eastern side of the state. Although Board members agreed, funding such travel is the concern. Additional discussion recognized the need to encourage public attendance by hosting a “meet the public session” outside of the scheduled meeting times. Motion passed: Morris, yes; Orr, yes; Peterson, yes.
      2. Morris moved to accept the RESOLUTION and send it on to the annual meeting regarding researching alternative means of funding the COE. Motion passed: Michael, yes; Morris, yes; Orr, yes; Peterson, yes.
    2. Knight stated that the budget information for 2003-2004 was encouraging. Costs were less than budgeted and income came in over budget. Consequently, the $5,000 revenue excess will be carried over to year two of the biennium. Knight distributed the REVENUE AND EXPENSE report from July 1, 2004 to September 9, 2004. Revenue is $8,000 behind expenses for this period.
    3. Knight reported that the draft budget for 2005-2007 is not yet completed. She stated that the draft would be developed over the next month and forwarded to the Budget Committee (McConnell and Peterson). The draft would be ready for review at the December Work Session.

  2. Committee Reports
    1. CEG Examination: Michael reported that the CEG Examination Volunteer group would be convening for a question validation session in January or February. CEGs across the state will be invited to provide questions for the question pool by mid-December. Those questions will subsequently be reviewed in conjunction with volunteers from the State of Washington. Knight will work with Michael to solicit volunteers for question writing and workshop participation.
    2. OR-Specific Exam: Orr reported that he has been developing multiple choice questions for the Oregon-Specific Exam. Webb volunteered via email to lead the question development. Orr agreed to this directional change. McConnell volunteered to assist in the process. No target date was set for changing the format from essay to multiple choice.
    3. CEG Report Guideline Committee: Peterson and Michael reported that the CEG Guideline Committee has been stalled. They recognize that coastal guidelines need to be addressed. McConnell agreed to contact George Priest and seek input as to what types of concerns should be addressed. Chris Humphrey and Gunnar Schleider are volunteers currently working on the guideline updates.
    4. Hydrogeology Guideline Committee: Webb provided a written statement regarding the progress of the Hydrogeology Guideline Committee. “The last section has not yet been written. It has been assigned to volunteer Audrey Eldridge. If she is unable to fulfill this by mid-October 2004, then another volunteer may be used to complete this section. The target date for completion is the December 2004 Board Meeting.” Webb also submitted a statement regarding her position that in the future Board membership should include a hydrogeologist.
    5. MOU Joint Committee: Peterson asked Knight to coordinate a meeting of the MOU Joint Committee for the second or third week in November. A report can then be brought back to the December Board meeting. It appears as though one of two pending cases against CEGs has been closed by OSBEELS. Knight was directed to seek follow-up information concerning this case. Michael to contact OSBEELS MOU member to follow-up on a second case against another CEG.
    6. Outreach Committee: Orr reported that he would develop a credentialing statement (Disclosure Form) that the Board can offer as an Outreach to bodies holding hearings regarding land use issues. As follow-up to a closed compliance case, the Board had intended to develop ideas to assist in the hearing process. A Disclosure Form could serve as an outreach document.
    7. Rules & Regulations Committee: Webb entered a written statement that the Rules & Regulations Committee is currently discussing the use of electronic signatures. More information will be presented for discussion at the December meeting.
    8. Professional Practice Committee: Michael stated that he would make the Professional Practice Committee happen within the next month. The WHITE PAPER will be directed to this committee for its initial review.
    9. Compliance Committee: Morris distributed his Compliance Committee report. After consulting with the Board’s AAG, action will be taken to close three outstanding cases dealing with franchisees of NWAS. Peterson served as the technical member of CC#03-12-008. He reported that he received a follow-up geotech report from the respondent. The respondent recognized his error in procedure. The Board should write a stern letter of concern about quality issues (slope stability issues that were not adequately addressed) and an ethical issue (conflict of interest as report was written about his own property). Peterson reported that he is satisfied that the respondent sought the proper geotechnical consultation for the project, and followed through on his commitment made during a June 2004 interview with the compliance committee. Michael reported that information from OSBEELS is necessary to continue with CC#04-01-001. He will make the contact with OSBEELS. Michael also reported that the same day OSBGE sent a letter to the CEG respondent, that CEG respondent received a letter from OSBEELS stating that the case was closed. Knight to seek copy of closing letter and forward to Michael. OSBGE will have an informal chat with the CEG to discuss OSBEELS’ concerns.
    10. Legislative Issues: Knight stated that Legislative Counsel completed the draft of the only bill submitted for the 2005 Legislative session. During the Work Session, the Board offered two revisions to the draft, one to remove limits on committee membership for new specialties and the second to address the issue of grandfathering when new specialties are developed. Knight to submit changes by September 15, 2004.

  1. AC 04 06 233: The Board discussed the response that was issued to this Email regarding stamping of boreholes. The Board concurred that when boreholes are incorporated into a report, then the stamp of the report preparer includes the borehole logs. But if the borehole logs are provided independent of a report, then they should be stamped. The Board did concur that stamping borehole logs has not previously been the standard of practice.

  2. AC 04 08 285: The Board discussed the Email from Steve Brutscher of Oregon Parks and Recreation. Brutscher inquired if OSBGE could assist citizens in locating Registered Geologists experienced in coastal processes. The Board does not track work-associated records so would not be able to offer such a service. However, Registered Geologists may do general characterization but a Certified Engineering Geologist must conduct any work associated with a civil engineering project dealing with structures. Any registrant with the proper knowledge and experience may conduct coastal work.

  3. AC 04 08 300: The current rules of the Board require the national ASBOG examination for Cooperative Registration. The Board discussed whether such a rule truly protected the citizens hiring geologists. Because the rule requires this, the Board must follow rule. However, the Board will ask the Rules Committee to review OAR 809-050-010 and consider allowing other non-ASBOG exams for registration. Staff was also directed to inquire of our AAG whether the Board could approve such a request when the rules direct otherwise.

  4. AC 04 08 305: This was another letter requesting recognition of the California exam for Cooperative Registration in Oregon. Refer to the discussion for AC 04 08 300 above.

  5. AC 04 08 313: The Board again discussed recognition of California’s CEG exam for Cooperative Registration in Oregon. Because no rule currently denies such action, an individual should apply and the Board will review the application at a subsequent meeting on a case-by-case basis.

  1. Knight requested discussion on the draft LITIGATION MONITORING AGREEMENT. The Board discussed the word litigation and suggested renaming the document: COMPLIANCE CASE PROCEDURAL AGREEMENT. The purpose of this document is to establish a procedure that delays review of a submitted complaint until such time as an independent litigation or public action is complete. This might include a hearing process at the county or city level. The intent of the agreement is to preclude use of a complaint as an influential factor in a procedure underway by another agency or civil group. The complaint action would then be investigated and concluded upon completion of the litigation or public action. Knight was asked to enter the Board’s suggested changes and forward the revision to Board members.

  2. Peterson reported that the scheduled meeting with DEQ was postponed due to late schedule conflicts, and it has not yet been rescheduled. Peterson shared that a representative from OSBEELS is also actively seeking a meeting with DEQ so he will attempt to connect with that person and schedule a joint visit to DEQ prior to the next meeting of OSBGE.

  1. After reviewing the draft TRIBAL RELATIONS POLICY, the Board determined they were not yet ready to adopt such a policy. McConnell and Morris were appointed to review and prepare a revised document that will then be resubmitted to our AAG.

  2. The Board discussed a continuation plan for agency management in the event of a sudden, permanent loss of the administrator’s services. This was a question raised in the LFO review. The Board directed Knight to prepare a checklist to use in such an emergency. Knight was also directed to consult with other semi-independent Board Administrators for procedural input and report back to the Board.

  3. The RESOLUTION for the ASBOG National Meeting in November regarding researching a funding strategy for the COE was approved during the Board Administrator report.

  1. Compliance Matters
    1. CC#04-01-001: Morris moved to close this case with a letter to the respondent stating the Board’s position that any geology work must be reviewed and stamped by an Oregon Registered Geologist. Seconded and passed. Morris, yes; Orr, yes; Peterson, yes.
    2. CC#03-08-004: Morris moved to close this case with a non-disciplinary LETTER OF CONCERN to the owner of the franchise stating that geology reports must be reviewed and stamped by an Oregon Registered Geologist and include information about the current Board action against the parent company. Seconded and passed. Morris, yes; Orr, yes; Peterson, yes.
    3. CC#03-08-005: Morris moved to close the case with no action as the franchise has been closed. Seconded and passed. Morris, yes; Orr, yes; Peterson, yes.
    4. CC#03-10-007: Morris moved to close this case with a non-disciplinary LETTER OF CONCERN to the owner of the franchise stating that geology reports must be reviewed and stamped by an Oregon Registered Geologist and include information about the current Board action against the parent company. Seconded and passed. Morris, yes; Orr, yes; Peterson, yes.
    5. CC#03-12-008: Peterson moved that this case be closed with a LETTER OF CONCERN which states the Board’s concern with both the ethical and quality issues raised in the complaint which were subsequently mitigated by a follow-up geotechnical report. Seconded and passed. Morris, yes; Orr, yes; Peterson, yes.
  2. Peterson moved to add the definition of public proceeding to OAR 809-003-0000 as follows: “Public proceeding” — as used in ORS 672.525(9) means a public forum where members of the public are invited to comment or testify or permitted to comment or testify. Seconded and passed. Morris, yes; Orr, yes; Peterson, yes.
  3. Orr submitted the new officer ballot as follows: Peterson, Chair, and Webb, Vice-Chair. Ballot approved: Michael, yes; Morris, yes; Orr, yes; Peterson, yes.
  4. Orr moved to approve the check log from #2018 to #2066. Seconded and passed. Morris, yes; Orr, yes; Peterson, yes.
  5. Michael will locate members for a PROFESSIONAL PRACTICE COMMITTEE. That committee will be asked to review the White Paper.

Peterson introduced his son Clay Peterson who joined the meeting late. No comments were received as no other public was present. The meeting was adjourned at 5:00 PM.
Respectfully submitted,
Susanna Knight
(Minutes were approved at the September 14, 2004, quarterly Board meeting)