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Meetings
Date, Location and Attendees
MEETING MINUTES
Wednesday, December 10, 2003
Cascade Hall, Conference Room
University of Oregon
Eugene, Oregon
 
Board Members Present:
Charles Hester, CPA, Public Member
Vicki McConnell, PhD, RG, Acting State Geologist
David Michael, RG, CEG, Board Chairperson
William Orr, PhD, RG
Gary Peterson, RG, CEG
Eileen Webb, RG
 
Staff Present:
Susanna Knight, Administrator
 
Guests Present:
Michael Dewey, RG
John Donovan
Mark Reed
Karen Reed
Doug Williamson

WORK SESSION
The Board meeting was preceded by a 9:30 AM Work Session. All Board members (minus Hester), the administrator of the Board, a student, and a faculty member viewed items from the Thomas Condon State Collection of Fossils. Orr led the field trip, and it was enjoyed by all. Knight distributed the timeline for the next legislative assembly. Any Legislative Concepts must be submitted by April 15, 2004. The Board discussed “education requirement” legislation submitted last year. The legislation would require any applicant to have 45 hours in geology coursework. No change in the current requirement of 36-hour upper division courses would occur. This legislation was precipitated by the knowledge that BA degrees in geology often have far fewer than 45 geology hours. The question was raised as to whether it was the intent of the Board to also require a degree. The language change would require a degree, and the degree must have a minimum of 45 quarter hours of geology coursework. Previous language allowed acceptance of transcripts with a minimum of 45 geology hours even if the degree was not complete. No final agreement occurred. Knight will review previous records in search of clarification. A compliance review was then shared with the Board. Jonathan Sprecher, RG, presented the conclusions of his technical review of one report submitted with Complaint #03-03-002. Board’s questions and concerns were discussed. Sprecher will complete an additional technical review of the second report submitted with the initial complaint. Neither the respondent nor his attorney was present. A request to postpone action on this case was received by Board staff. A working lunch was held and there was further discussion of other possible legislation.
 
The Board Meeting was called to order by Chair Michael at 1:01 PM.

I. APPROVAL OF AGENDA
The agenda as presented was unanimously approved.

II. APPROVAL OF MINUTES
The September 10, 2003 meeting minutes were approved as presented.

III. ANNOUNCEMENTS
  1. Meeting dates were established as follows for 2004: March 11, 2004, in Salem; June 7, 2004, in Baker City preceded by a Work Session the evening of Sunday, June 6, 2004; September 8, 2004, in Salem; December 8, 2004, in Corvallis on the campus of Oregon State University. McConnell stated that she is unavailable on the 1st and 3rd Wednesdays due to the Governor’s Natural Resource Office cabinet meetings. Knight stated that September 6, 2004, is Labor Day, and she often takes vacation that week.
  2. The next examination date is March 5, 2004. All exams will be held at Chemeketa Community College, Salem. Orr will proctor the ASBOG and Oregon Geology exams; Michael will proctor the CEG examination.
  3. McConnell shared that the DOGAMI Governing Board met last week. They reconsidered the two candidates for the vacant State Geologist position, determined that they did not feel they met the criteria DOGAMI was looking for, and chose not to offer the job to either candidate. One of the three final candidates for the position withdrew a few days prior to interviews. By the January 19, 2004, meeting of the Governing Board, in consultation with the Governor’s office, they will have a strategy “mapped out” for the appointment process.

IV. CORRESPONDENCE
  1. AC 03 11 398 was an anonymous letter to Mr. Hauke, City of Astoria, which was forwarded to the Board and numerous other parties. The letter writer referenced a landslide at the Uppertown area of Astoria. Peterson shared some information about the company that did the work project for the city of Astoria. It is his understanding that they did not have a geologist working in the company. McConnell stated that DOGAMI has also contributed information to the city's review. Peterson volunteered to work with Knight in composing a letter to the company inquiring if a geologist worked on the project.
  2. AC 03 11 415 is a request by Christopher Breemer, applicant for registration, to allow experience credit for his BS/Geography transcript. Orr reviewed the applicant’s transcripts prior to the meeting and discussed his review with the Board. Peterson moved that Orr be empowered to act on behalf of the Board to do a detailed review of Breemer’s Master’s coursework and give proper credit, up to but not to exceed three years credit. No credit will be allowed for the geography degree. Motion seconded and passed unanimously.
  3. AC 03 11 417 Extensive Board time was spent discussing a letter submitted by Karen Reed, Eugene, Oregon, outlining her concerns about how the Board conducts its meetings. Included were references to the Board’s current procedures in providing Meeting Notices, the Meeting Minutes and the Meeting Agendas. Reed included a request that the Board tape its meetings. Hester stated that in his experience, he has participated in meetings that are recorded electronically. McConnell stated that DOGAMI records all meetings, and staff creates meeting minutes using the recording recognizing that it is cost prohibitive to transcribe and store. Peterson stated that his experience is from the private sector so he understands brevity. Orr disagreed with the idea of producing transcripts of Board meetings. Michael stated that he knows about the importance of transparency and acknowledged the need to submit agenda items in a more timely manner. Knight stated that meetings were taped for the first two or three years of her tenure, but that the Board in consultation with their attorney determined that they would not continue to tape. Tapes are a public record and must be provided when requested. Limited staff did not have additional time for locating, copying, mailing, and invoicing the public for this service. Additional staff and office space would greatly increase the current budget of the Board. She suggested that it is important for individuals interested in detailed information of any meeting to be in attendance. Hester moved to record all public meetings to be available to use as a summation in preparing the minutes and to add to the website that the public may come to the office and listen to tapes during business hours. Orr seconded. Additional discussion was held. Mark Reed offered suggestions for digitally recording public meetings. Michael stated that as volunteers trying to deal with a multitude of issues and only one staff, it becomes difficult at times to operate at a higher level than currently conducted. Knight stated that the Work Session was her invention when the Board first hired her in 1999 designed to informally discuss and review issues with action being handled in the subsequent formal meeting. Interested parties could set aside a few hours to attend the actual meeting rather than an spending an entire day at the meeting. She suggested that perhaps it is time to reconsider this process. McConnell volunteered to work with Knight at looking at types of devices for recording. The vote was taken on the motion [to record meetings]: Hester, yes; Webb, no; Orr, no; Peterson, no. The motion failed. Peterson stated that the Board has heard the points and at this time can offer no great solutions.
  4. AC 03 12 437 The Board directed the Compliance Committee reviewing CC#03-03-002 to develop a response to the issues raised in State Representative Dan Doyle’s letter and meet with him. Hester indicated that he is available all next week. Knight will contact the Representative’s office to handle arrangements for a meeting.
  5. AC 03 12 450 The correspondence from Raymond Aliperti is requesting direction from the Board having failed the examination two times. He explained health issues that arose the week prior to the examination. Michael stated that it appears as though he is on track with his study hours, and the Board should issue a letter of encouragement.

V. REPORTS
  1. Office Report
    1. AR2003-04: Knight presented a written SUMMARY OF STAFF ACTIVITIES since September 10, 2003 [See attachment.]. In particular, she pointed out to the Board that discussions are underway between DAS and the Governor’s office regarding quasi-government bodies. As a semi-independent Board, we fall into the category of quasi-government. Administrators of the semi-independent Boards requested a proposal from a lobbyist so that semi-independent legislation can be tracked. Under this proposal, the lobbyist would not be hired to work for any individual Board issues, only to keep a pulse on legislation effecting semi-independence. That proposal is due back in mid-January. Michael stated that he is interested but the Board is broke. However, we do align with the position of looking after semi-independence. Knight also stated that the ASBOG results were received late last week. Oregon’s fundamental pass rate was 60% (national rate 59.7 %); the Oregon’s practice pass rate was 82% (national pass rate 74.6%). Pass rate for the CEG examination was 66%; pass rate for the Oregon Geology exam was 100%. Knight suggested the Board consider a new fee with regards to verifying exam scores to other states for applicants without Oregon registration. Webb offered to draft rule language to deal with a new fee. Knight also noted that there was an 8% drop in renewals during the month of October. This is a significant number as far as the dollars contributed to the biennial budget. It is important that we keep a watchful eye on the renewals during the first year of this biennium.
    2. Budget Update: Knight distributed a financial BUDGET VERSUS ACTUAL report for July 1, 2004, through November 30, 2004. She reported that we have less than anticipated income through November. Few renewals are issued in January, February and March. A watchful eye will be kept on the financial picture of the Board.

  2. Committee Reports
    1. Compliance Committee:
      1. Hester distributed his summary of all cases year-to-date. CC#02-05-003 is currently in settlement discussions. Webb moved to notify the Attorney General’s office that the respondent shall cease and desist the public practice of geology in Oregon immediately. Hester seconded. Peterson inquired if this action is being handled by the Attorney General’s office. Hester confirmed that it is and that it could end up in hearing. McConnell inquired if this case is only dealing with the parent company. Webb confirmed. Motion unanimously passed.
      2. A letter from an attorney on behalf of the RG respondent in CC#03-03-002 was presented to the Board. A letter from the respondent was also received. Both requested that the Board delay any action on this case. Hester moved to delay action on this case until the March meeting. Orr seconded. Unanimously approved.
    2. MOU Joint Committee: Peterson reported that the committee convened on December 4, 2004. Five cases were discussed. The Committee dropped CC #99-03-006. They agreed that it was too old to merit review. Three cases involving engineers were discussed. CC#01-01-001 was dropped. The case was old enough that the EIT involved in this concern has gone on to become a PE. CC#00-07-011 was also dropped. The PE has geology background for completing such a report. CC#01-03-002 will be returned to the committee for additional review. The geology work by the PE may have quality issues. CC#01-07-006 was referred back to OSBEELS to review the quality of the work. Although the PE has training, experience and education to do the work, the standard of care is of concern. Action is pending on this case. Peterson moved to close CC#99-03-006, CC#00-07-011 and CC#01-01-011 with no further action. Hester seconded. Passed unanimously. Peterson also stated that two new complaints against CEGs by PEs were brought before the committee. The committee will review them. No next meeting date was set. It is anticipated that a follow-up meeting will be scheduled for January. There is concern by the OSBGE committee members that OSBEELS committee members may fail to recognize that OSBGE defines CEG practice issues, not OSBEELS.
    3. CEG Examination: Peterson stated that the Ken Neal from the Washington Board joined Michael and himself in the scoring of the CEG examination. Two candidates passed; one failed. Three questions were not scored due to their ambiguous answers.
    4. OR-Specific Exam: Orr reported that the December 5, 2003, exams were scored and all seven candidates passed with a 77% mean score.
    5. Legislative Committee: Knight reported that there was no re port..
    6. Outreach Committee: Orr reported that he and Knight visited a Geoscience class at Oregon State University on November 10, 2004. They shared the history of registration as well as the purpose. The presentation was well received with numerous questions with regards to registration.
    7. Professional Practice Committee: Michael stated that he has received no additional information from members of the Board. Please forward additional comments and input to him. He will be adding more on “purpose.” Michael also reported that a draft revised Engineering Geology Guideline was just received and is now under review.
    8. Hydrogeology Report Guideline Committee: Webb reported that the draft outline has been released to the Task Force. They are now flushing out the text. Webb will do the first scrutinizing before sending it back to the Committee for a collective review. It is not anticipated that this report will be complete by the March 2004 meeting.
    9. Rules & Regulations Committee: Webb reported that she has located one member for her committee, Matt Brunengo. The following rule issues are currently under review.
      1. Electronic stamping issue going out to the committee.
      2. Evaluation of professor experience is in draft stages. [Note: Idaho allows 6 years teaching for 6 years experience.]
      3. A new fee for release of ASBOG scores for non-registered individuals will be considered.

VI. OLD BUSINESS
Michael stated that the public testimony rule rewrite will be on the agenda for the March meeting.

VII. ITEMS FOR BOARD ACTION
  1. Compliance Matters: Hester reported that all compliance action was taken during the Compliance Committee report.
  2. Peterson moved to approve the check log from #1889 to #1935. Webb seconded. Unanimously passed.
  3. Election of Board officers per OAR 809-001-0010: “The Board may elect a Board Chairman and Vice Chairman once a year at the first board meeting held after July 1.” Hester moved to appoint Michael as Chair and Peterson as Vice-Chair until July 2004. Webb seconded. Unanimously passed.

VIII. PUBLIC COMMENT
Michael Dewey, RG, questioned what rules or statutes say about retaking Board exams. OAR 809-040-0022(2) states that after two exams, an applicant shall provide information to the Board before retaking. In addition, Dewey stated his concern regarding CEG exam qualifications and his interest in combining experience under a CEG with in responsible charge experience.
Chair Michael adjourned the meeting at 4:30 PM.
 
Respectfully submitted,
 
Susanna Knight
Administrator
 
(Minutes were approved at the March 11, 2004, Board Meeting)