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Meetings
Date, Location and Attendees
MEETING MINUTES
Friday, November 11, 2005
Meese Room of The Hannon Library
Southern Oregon University, Ashland, Oregon
 
Board Members Present:
Gary Peterson, RG, CEG, Board Chair
Eileen Webb, RG, Vice Chair
Vicki McConnell, PhD, RG, State Geologist
David Michael, RG, CEG    
Allen Morris, Public Member
William Orr, PhD, RG
 
Staff Present:
Susanna Knight, Administrator
 
Guests Present All Meeting:
B.G. Hicks, RG, CEG
 
Guests Present at Some Time during Meeting:
Sharon Bywater, SOU Student
Jad D’Allura, RG, SOU Professor
Audrey Eldridge, RG
Bill Elliott, SOU Professor
Joseph Graf, Dean, School of Science
Charles Lane, RG, SOU Professor
Brian Reyes, SOU Student

Work Session
A Board Work Session was held from 7:00 PM to 10:00 PM on Thursday, November 10, 2005, in the Garden Room of the Plaza Inn and Suites, Ashland, Oregon.  All members of the Board were present. 
  • The Board reviewed possible statute changes for the 74th Legislative Session which will convene in January 2007.  Legislative concepts must be initiated early in 2006.  Statutes reviewed include ORS 672.545, the exemption for civil and mining engineers; ORS 672.665, process for filing complaints; ORS 672.675, adding probation to power of the Board; ORS 672.585, cleanup language that is repetitious in statute; and ORS 672.525, additional cleanup of the statutory language.
  • The Board reviewed draft language for OAR 809-030-0025 which will implement SB80 of the 73rd Legislative Assembly.  This bill allowed the Board to list coursework that should appear on transcripts of applicants for registration.
  • The current committees of the Board were reviewed and updated.
  • Michael distributed the latest revision of The White Paper.  The responsibility for this document will transition to the next appointee to the Board, as this is Michael’s last meeting.  The Board agreed that when the draft is complete, the draft should be posted on the web and registrants should be directed to the document and asked to offer input.
  • The Board reviewed the 10/28/2005 Action List and provided input regarding completion of listed tasks.

I. APPROVAL OF AGENDA
The Agenda was approved as presented.  

II. APPROVAL OF MINUTES
Webb moved to approve the 9/9/2005 Board meeting minutes.  Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

III. ANNOUNCEMENTS
  1. The first meeting of 2006 will be held on Thursday, March 9, 2006, in Salem.  A tentative date of Thursday, June 8, 2006, was set for the second meeting pending the coordinating of schedules with the two new Board members.
  2. Webb volunteered to proctor the next ASBOG Examination scheduled for Friday, March 3, 2006.  Michael offered his services as proctor for the CEG examination if needed.
  3. Knight informed the Board that notice was received from the Governor’s office on November 3, 2005, of new Board Member appointments.  Christopher C. Humphrey, RG, CEG, will replace David L. Michael effective 11/18/2005, and Stephen B. Taylor, RG, PhD, Earth & Science Professor, Western Oregon University will replace Dr. William N. Orr effective 11/18/2005.
 

IV. REPORTS
  1. Knight distributed the quarterly office report AR2005-04 of staff activities since 9/9/2005 [attached] and the Revenue and Expense report for the biennium to date.  From July 1, 2005 to November 9, 2005, the Board has $9,223 more in revenue than expenses.  Peterson reported that by the March meeting, some Board funds will be invested in a higher interest bearing account.  Knight increased the October 2005 distribution of the newsletter to include all cities as listed in The Oregon Blue Book.  Only cities of 10,000 population and higher were previously receiving the newsletter. The Board discussed including an article in the newsletter for city planners.  The article could interface between geology and the governor; geology and local government; or geology and policy makers.
  2. Committee Reports
    1. CEG Examination: Michael reported that two candidates sat and passed the Certified Engineering Geologist (CEG) examination administered October 7, 2005.  The facility was adequate, but a sign-in table should be located directly at the door for future administrations of the examination in the gymnasium at Chemeketa Community College.  The Washington Geology Board is proposing that a Task Analysis be conducted for the OR/WA CEG examination.  Michael recommended convening a committee meeting to discuss strategies with regard to cost and implementation of this project..
    2. CEG Report Guideline:Peterson will take the lead in updating the 1992 version of the CEG Report Guidelines.  Both coastal processes and seismic concerns will be added.  McConnell asked that George Priest of DOGAMI be invited to review the revision in light of his experience with coastal processes.
    3. Geology Report Guideline Committee:Webb reported that three volunteers have come forward to serve on this committee.  Additional registrants are needed so solicitations will continue.
    4. Joint Compliance Committee (JCC): Peterson reported that Sue Laszlo, PE and John Seward, PE are the two new Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) appointees to the JCC.  The committee hopes to convene the week of December 12 to 16, 2005.  There are currently three complaints against engineering geologists.  Two complaints are also under review by OSBGE which could also come to the table. [Post meeting update: the JCC will convene on Wednesday, January 11, 2005.]
    5. Outreach Committee:  Orr reported that he and Knight provided a presentation to the Oregon State University geology senior seminar class on October 24, 2005.  Orr suggested that the Board send a letter to all university Geology departments’ seminar classes offering to provide information about the practice of geology.  Since the Board could come on short notice, if a seminar class has a cancellation, the Board’s presentation could quickly fill the need.  Orr reported that the Disclosure Statement was distributed to counties and cities and some feedback was received.  McConnell suggested that the Board distribute a follow-up in about six months requesting input or suggestions to determine if it was a helpful document.  She inquired as to how this document could find the Land Use Planners and/or Hearing Officers.  Peterson acknowledged Mr. Hicks' request to offer input from the floor.  Hicks suggested that perhaps this document should go to the top legal person of the county and city and that legal person could distribute the document to the appropriate individuals at the county or city level..
    6. Rules & Regulations Committee: Webb directed the Board to the various rules previously distributed to the Board. 
      1. OAR 809-015-0000 and OAR 809-015-0005:  Webb moved to approve revised changes to both rules with a additional modification in OAR 809-015-0005 (2) to spell out RG, CEG, GIT.  These changes align the rules to statute where the word “expired” is used to designate an unpaid registration.  Renewal fees must be received before the expiration date, which is the last day of the month.  Seconded and passed. Michael, yes; Morris, yes; Peterson, yes; Webb, yes.  [Note: Orr out of the meeting room.]
      2. OAR 809-030-0025:  The Board reviewed this draft rule to implement SB80 of the 2005 Legislative Session.  The Board added coastal processes to the course list; combined paleopedology and paleosols; and changed photogrammetry to remote sensing.  Webb will now distribute the draft language to the Rules Advisory Committee for their input.
      3. OAR 809-050-000Webb indicated that the presented rule draft may be missing some revised language and asked that this rule be postponed to the next meeting. Michael questioned whether it is proper or required to stamp documents, such as in house memos within an agency.  McConnell stated that the agency should have a policy on stamping such as that of Oregon Department of Transportation.
    7. Professional Practice Committee: Michael will forward the most current electronic draft to all Board Members.  The most current revision was distributed at the Work Session last night.  Michael stated that he had phone polled the members of his committee regarding continuing education.  The committee was in agreement that it is done in the profession and they would recommend that the Board begin the process of developing this requirement.  Chair Peterson acknowledged Mr. Hicks’ request to give input.  Hicks asked if attendance at professional meetings would apply toward continuing education and questioned what states already require continuing education.  Michael responded that no guidelines or criteria have been developed.  Webb indicated that Alabama, Deleware, Kansas, Minnesota, New Hampshire and South Carolina all require continuing education.  Michael stated that the Board should develop a process that does not become cumbersome and that continuing education is good for policing the profession.

      NOTE:  At 10:00 AM, two Southern Oregon University students joined the meeting.   The Board answered their questions about the Board.

      McConnell inquired as to what is next on The White Paper.  The Board agreed that additional comments should be provided to Michael by mid-December.  A meeting should be convened by the Board Chair in January with the new chair of the Professional Practice Committee for transitioning this project.  The White Paper provides information on how the practice is conducted.
    8. Compliance Committee: Morris stated that the civil penalty assessed against Northwest Aquifer Survey, a Washington company, is still outstanding.  The prehearing conference call with regards to the revocation of a geology registration was postponed from October 31, 2005 to November 21, 2005 due to a scheduling issue with our Assistant Attorney General.  The Board inquired about the availability of information from mediation for the revocation hearing if a breech in a mediation contract occurs.
    9. Legislative Committee: McConnell reported that the Board will begin developing legislative concepts and consideration of who to contact to champion these concepts.

V. CORRESPONDENCE
  1. AC 05 10 337:  The Board received a thank you from the Wallowa County Board of Commissioners for the outreach effort in providing the Disclosure Statement and the newsletter article from the April 2004 Geologist Examinerabout public testimony during public hearings.
  2. AC 05 10 338:  McConnell commented that our new Assistant Attorney General (AAG) has had no experience with natural resource issues.  The Board directed staff to inquire of our newly appointed AAG what he might like from the Board to get “up to snuff”.  Is there something the Board can do to provide knowledge about the Board?

    NOTE: At 10:30 AM, the students departed.  The Board pointed out the importance of the ASBOG examination.  Chair Peterson approved a 10-minute break.

  3. AC 05 10 339:  The Board discussed a request to accept an alternate exam for registration as a geologist in Oregon.  Orr stated that he is disappointed to see this correspondence, as much review has transpired with regard to the credentials of the applicant and staff has approved the applicant for the ASBOG examination.  Peterson stated that geophysicists must qualify through the geology registration process in Oregon.  Michael stated that California has a mechanism for geophysics and that Oregon does not process geophysicists as California does.  Oregon’s process is through a geologist’s stamp and that the geophysics’ exam in California is not comparable to the exam required for Oregon registration.  Webb concurred that the California Geophysics examination is not comparable to the examination for geology registration in Oregon.

    Chair Peterson announced that the Board would now go into Executive Session and guests would be asked to leave the meeting.  At 10:50 AM, Chair Peterson read the following statement:
     
    “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 Executive Session at 11:05AM and guests were invited to return. Peterson stated that no decision was made during Executive Session.  Webb moved that the Board issue a letter to the writer of the communication expressing the Board’s decision to deny reciprocity based on the California Geophysics examination.  Motion seconded.  Discussion continued.  The Board concurred that the California Geophysics examination is not comparable to the ASBOG exam.  McConnell stated that the Board did seek counsel with the AAG.  Michael stated that it is a valid request, but the Board’s rules do not allow for such an examination.  Motion passed. Michael, yes; Morris, yes; Peterson, yes; Webb, yes. [Note: Vote at 11:10 AM and Orr was not in the meeting room.]
  4. AC 05 10 340:  A citizen wrote to the Board inquiring about registrants practicing on a lapsed registration.  The Board earlier in this meeting approved the language change to the rule so that lapsed will no longer be a term used in rule.  The Board thanks the citizen for bringing this to their attention.
  5. AC 05 11 360:  The Board understands OSBEELS’ request to cease administering the Water Rights Examiner licensing examination for the Water Resources Department (WRD).  OSBGE supports OSBEELS’ decision.  Although WRD requires that examination applicants hold engineering or geology registration, neither OSBEELS nor OSBGE has any regulatory authority over this examination.

VI. OLD BUSINESS
  1. Peterson reported that he attended the seminar titled “Legal Issues for Oregon Professional Engineers” as requested by OSBGE and that both the engineering and geology Administrative Rules were laid out.  Attendees received rules of both Boards.  The practice of geology received recognition through participation in this seminar.
  2. Peterson attended DOGAMI’s Working Group of Coastal Processes as a representative of OSBGE.  It was convened November 3, 2005 in Newport.  A diverse group was present and much awareness of the practice of geology was provided.  The morning session was informative and in the afternoon, Peterson spoke about OSBGE’s position, including the need for users of the geology work product to serve as gatekeepers of the quality of the practice.  If the work product is sub par, complaints should be presented to the Board.  Because the work along the coast is high risk, it is important that the Board provide best practices to the communities.  Outreach should be provided to both the League of Oregon Cities (LOC) and the Association of Oregon Counties (AOC).  The coastal staffs of governances are overwhelmed by the huge building push along the coast.  McConnell served as the facilitator of this event.  The thirty-five in attendance represented a cross section of professionals including Lands Use planners; Parks and Recreation employees; city and county staff which included some Professional Engineers.  Four Certified Engineering Geologists were in attendance.  Recommendations of this group will be forthcoming to the Board from DOGAMI.  McConnell applauded the fine input from Peterson during the session.
  3. McConnell stated that OSBEELS is currently writing Administrative Rules to implement SB55 of the 2005 Legislative Assembly.  This bill placed the regulation of photogrammetry into OSBEELS statute.  A draft document of the rules was distributed.  McConnell suggested that OSBGE request that the word precisein SB 55, Section 8, Number 14, be defined and strongly encouraged OSBGE to request that the rules include an exemption for Registered Geologists.  McConnell is concerned about the implications of SB55 to those practicing geology and encouraged Michael to alert the Oregon Department of Forestry and request that they provide a written statement

VII. NEW BUSINESS
During lunch following the meeting, Webb provided a detailed report on the national ASBOG meeting convened in Portland, Maine on Saturday, November 5, 2005.  Webb shared the ASBOG ongoing effort to encourage the use of the ASBOG fundamental examination as a university exit examination.  The SOU professors indicated that they received an inquiry from ASBOG within the last couple of weeks seeking input about such use.  The group also discussed the Task Analysis recently completed by ASBOG and the implications of the analysis for the fundamental section of the examination.  Webb shared a statement written by Thomas Crawford regarding the intent of the fundamental section of the examination.  Mr. Crawford is a geologist from Georgia, a member of the COE, current Chairman of the Bylaws Committee of ASBOG, and former ASBOG Executive Committee member.  Webb also updated the group as to the status of the Resolution prepared by the Oregon Board and present at last year’s annual meeting.  A power point presentation provided information gathered by the committee of ASBOG.  The delegates voted to change the name from a Resolution to a Proclamation.   Ongoing research is now required with respect to the “Proclamation” and that will be handled by the ASBOG Executive Committee  

VIII. ITEMS FOR BOARD ACTION
  1. Compliance Matters: Morris stated that no action was necessary at this time.
  2. McConnell asked that the Board adopt the Tribal PolicyPeterson offered minor changes to the document.  McConnell stated that the policy will need attention and updates now and then.  Michael moved to adopt the Tribal Policy with the minor changes offered by Peterson and that the State Geologist be assigned as the Native American Affairs Coordinator.  Seconded and passed.  Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  3. Rule changes: Webb stated that all of the rule decisions were handled during her committee report.
    1. OAR 809-015-0000: Renewal
    2. OAR 809-015-0005: Restoration
    3. OAR 809-030-0025: Qualifications for Examination
    4. OAR 809-050-0000: Facsimile of Stamp
  4. Webb moved to approve the check log for checks #2250 to #2291 and #9026 to #9029.  Seconded and passed.  Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

IX. PUBLIC COMMENT
Peterson opened the floor for public comment. 
  • Former Board member Audrey Eldridge stated that it was good to hear the Board tackling tough issues and discussing their position. 
  • B.J. Hicks stated the following:  1) Board should tackle contractors not listening to the recommendations from professionals; 2) the Water Right examination is a nightmare; don’t become involved; 3) Michael’s response to geophysics is good; 4) photo metrics are approximate lines; they are not surveyed.
 
Peterson adjourned the meeting at 11:55 AM for lunch and additional discussions with the Southern Oregon University Geology Department professors present.   At 1:30 PM, Professor Lane led a field trip through the Geology Department, Science Building II.
 
Minutes of the November 11, 2005, Board Meeting were approved as presented at the March 9, 2006, Board Meeting.