House Committee on State, Veterans, & Military Affairs (04/23/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	04/23/2009	ATTENDANCE

Time:	12:15 PM to 02:50 PM	Casso	X
		Court	*
Place:	HCR 0112	Hullinghorst	X
		Lambert	X
This Meeting was called to order by		Massey	X
	Representative Todd	McCann	X
		Miklosi	E
This Report was prepared by		Murray	X
	Bo Pogue	Nikkel	X
		Labuda	X
		Todd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HJR 09-1023 SB09-180		Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only

12:15 PM

The committee was called to order. A quorum was present.

12:17 PM -- House Joint Resolution 09-1023

Representative B. Gardner, prime sponsor, presented House Joint Resolution 09-1023, concerning the Ground-based Midcourse Defense System. Representative Gardner explained the purpose of the resolution, and provided background on the defense system. Discussion ensued regarding the need for the system, and the location of the system in Colorado. Discussion followed regarding the economic impact of the system's installations in Colorado, and the appropriateness of the General Assembly taking a role in commenting on national missile defense.


BILL:	House Joint Resolution 09-1023
TIME:	12:26:38 PM
MOVED:	Massey
MOTION:	Moved to refer House Joint Resolution 09-1023 to the Committee of the Whole with favorable recommendation. The motion passed on an 8-1-2 roll call vote.
SECONDED:	Nikkel
		VOTE
	Casso	Yes
	Court	Excused
	Hullinghorst	No
	Lambert	Yes
	Massey	Yes
	McCann	Yes
	Miklosi	Excused
	Murray	Yes
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

12:27 PM -- Senate Bill 09-180

Representative Casso, prime sponsor, presented Senate Bill 09-180, concerning collective bargaining by employees of public safety agencies. Representative Casso explained the effect of the bill, and discussed the need for the legislation.

12:33 PM

The following persons testified regarding Senate Bill 09-180:

12:33 PM -- Mr. Kevin Bommer, representing the Colorado Municipal League, testified in opposition to the bill. Mr. Bommer explained that the league is not opposed to collective bargaining, but feels that the bill is an unconstitutional intrusion into local control. Mr. Bommer discussed a court ruling on the ability of government employees to collectively bargain, and the unfunded mandates placed on local governments by Senate Bill 09-180. Mr. Bommer then rebutted language in the bill's legislative declaration, and discussed the impact of the bill if it were to allow state law enforcement agencies to collectively bargain. Mr. Bommer also discussed pending federal legislation that would mandate collective bargaining for state and local agencies. Mr. Bommer rebutted arguments made by the bill's proponents, and explained how collective bargaining would take place under the bill.

12:43 PM

Mr. Bommer discussed the impact of Senate Bill 09-180 on the tax-paying public, and the lack of enforcement measures backing the bill's no-strike provision. Mr. Bommer responded to questions regarding exemptions for certain local governments in the bill, and the applicability of state law to current municipal collective bargaining agreements. Mr. Bommer responded to further questions regarding the bill's special election requirements, and the ability of public safety agency employees in special districts to collectively bargain under current law. Discussion ensued regarding the constitutional issues raised by the bill. Mr. Bommer responded to questions regarding the number of municipalities that would be affected by the legislation based on the number of employees in a public safety agency required to seek collective bargaining under the bill. Mr. Bommer distributed a packet of editorials on the bill to committee members (Attachment A).

12:56 PM -- Mr. Steve Pischke, representing the Colorado State Fire Chiefs Association, testified in opposition to Senate Bill 09-180. Committee members received a memorandum from the association in opposition to the bill (Attachment B). Mr. Pischke explained the association's position on collective bargaining in general, and discussed the negative ramifications of establishing a "one size fits all" approach to collective bargaining for public safety agencies. Mr. Pischke explained how labor and management of public safety agencies are currently proposing a new approach to collective bargaining in Colorado. Mr. Pischke responded to questions regarding the command structure in his fire protection district, and which members of management would be involved in collective bargaining under the bill. Mr. Pischke responded to further questions regarding the new collective bargaining proposal now under consideration, and the process that resulted in this new proposal. Discussion ensued regarding required elections in municipalities for public agency collective bargaining to go forward.

01:06 PM

Mr. Pischke responded to questions regarding the collective bargaining arrangement in his fire protection district, and past efforts to create a new collective bargaining framework in the district.

01:09 PM -- Mr. Ken Watkins, representing the City of Grand Junction, testified in opposition to the bill. Mr. Watkins provided background on the fire department for which he works, and discussed the negative impacts of municipal collective bargaining currently in place, both in Colorado and nationally. Mr. Watkins then discussed the restraints that would be placed by the bill on his ability to effectively manage.

01:16 PM -- Mr. Greg Palmer, representing the City of Grand Junction, testified in opposition to Senate Bill 09-180. Committee members received a fact sheet on the bill, along with letters in opposition to the legislation (Attachment C). Mr. Palmer discussed the labor/management negotiation arrangement in his city, and the benefits of this arrangement. Mr. Palmer responded to questions regarding the ability of public safety agency employees to negotiate in municipalities without the benefit of a negotiation process as fruitful as that in the City of Grand Junction. Mr. Palmer responded to further questions regarding past efforts to put public safety collective bargaining before the city's voters.

01:22 PM -- Mr. Bruce Hill, representing the City of Grand Junction, testified in opposition to the bill. Mr. Hill discussed the morale among municipal agencies in the city, and how morale is reenforced by the city's current negotiation arrangement. Mr. Hill responded to questions regarding the public safety agencies in Mesa County, and the effect Senate Bill 09-180 would have on Grand Junction's current negotiation process.

01:27 PM -- Ms. Laurie Kadrich, representing the City of Grand Junction, testified in opposition to Senate Bill 09-180. Ms. Kadrich discussed the public's opinion of public agency collective bargaining in Grand Junction, and the career paths of public safety employees in the city. Ms. Kadrich also expressed opposition to a "one size fits all" approach to municipal labor/management negotiation under the bill. Discussion ensued regarding the contention that the bill will improve safety for public safety agency employees, based on equipment purchases. Ms. Kadrich responded to questions regarding the tenor of complaints received from firefighters in Grand Junction, and planned efforts to ask the voters for more funding for public safety facilities.

01:38 PM

Ms. Kadrich recapped her testimony pursuant to a question.

01:40 PM -- Mr. Ryan Longman, representing the Grand Junction Chamber of Commerce, testified in opposition to the bill. Mr. Longman discussed the chamber's support for local control, and the bill's abridgement of this local control. Mr. Longman also expressed concern over unfunded mandates placed on local governments by the bill. Mr. Longman responded to questions regarding the impact of collective bargaining on the taxpayer. Committee members received a letter in opposition to the bill by the chairman of the Grand Junction Chamber of Commerce (Attachment D).

01:45 PM -- Mr. Tom Janich, representing himself, testified in opposition to Senate Bill 09-180. Mr. Janich expressed concern over the potential costs for municipalities as a result of the bill, and discussed why costs would increase. Mr. Janich also discussed the local control issue, and rebutted arguments made by unions in support of collective bargaining. Mr. Janich explained how collective bargaining under the bill will result in decreased public safety service. Mr. Janich responded to questions regarding the composition of public safety agencies in Brighton.

01:53 PM -- Sheriff Grayson Robinson, representing County Sheriffs of Colorado and the Police Chiefs Association of Colorado, testified in opposition to the bill. Sheriff Robinson listed the organizations opposed to the bill, and addressed the issues of local control and unfunded mandates. Sheriff Robinson discussed the bargaining arrangements in municipalities that are currently working, and the lack of enforcement in the bill's no-strike provision. Sheriff Robinson questioned the soundness of the bill considering recent amendments exempting certain populations from the bill's requirements. Sheriff Robinson responded to questions regarding the types of unfunded mandates imposed by the bill, and costs that would manifest as a result of litigation. Sheriff Robinson responded to further questions regarding the potential for additional administrative burdens under the bill.

02:02 PM -- Mr. Larry Small, representing the City of Colorado Springs, testified in opposition to Senate Bill 09-180. Mr. Small discussed the city's support for public safety workers, and past efforts to establish collective bargaining for municipal workers in the city. Mr. Small expressed his personal support for public safety workers, and discussed the costs that would be incurred by Colorado Springs due to the special elections provision of the bill.

02:14 PM

Mr. Small continued to discuss the potential negative impacts of Senate Bill 09-180. Discussion ensued regarding the ability of local governments to meet the needs of firefighters in the bill's absence.

02:17 PM -- Mr. Evan Goulding, representing the Special District Association of Colorado, testified in opposition to the bill. Mr. Goulding provided background on the powers and duties of special districts, and explained how Senate Bill 09-180 would interfere with current district management practices. Mr. Goulding also explained how the bill would override the expressed will of the people as it pertains to municipal collective bargaining, and discussed the potential impact of negotiations under the bill. Mr. Goulding rebutted claims on the part of the bill's proponents pertaining to worker safety, and explained how special districts may forego merger to avoid triggering the employee threshold for collective bargaining under the bill. Mr. Goulding responded to questions regarding the process by which public safety unions organize in special districts, both under current law and under the bill.

02:27 PM -- Chief Nick Nuanes, representing himself, testified in favor of Senate Bill 09-180. Chief Nuanes discussed his experiences as a long-time firefighter union member, and the impact of the bill on job security. Chief Nuanes rebutted claims regarding mounting administrative costs as a result of the bill, and discussed recent efforts by the firefighters union in Denver to assist in budget-balancing efforts. Chief Nuanes responded to questions regarding the position of the City and County of Denver on the bill.

02:35 PM -- Mr. Mark Rogers, representing Colorado Professional Firefighters, testified in support of the bill. Mr. Rogers discussed the important work undertaken by firefighters, and the ability of firefighters to bargain with municipalities for better safety equipment. Mr. Rogers mentioned the no-strike provision in the bill. Mr. Rogers responded to questions regarding the current process by which safety equipment is procured by municipalities for public safety workers, and the ability of public safety workers to provide input on such procurement under current law. Mr. Rogers discussed the need for public safety workers to participate in decision-making processes pertaining to their work.

02:43 PM -- Mr. Tom Buescher, representing Colorado Professional Firefighters, testified in favor of Senate Bill 09-180. Mr. Buescher discussed his work in negotiating collective bargaining agreements for public safety employees, and the relationship between public safety workers and municipal officials. Mr. Buescher addressed the issue of unfunded mandates resulting from the bill, and the intent of certain costs required by the bill. Mr. Buescher also explained how the bill allows for flexibility in establishing a collective bargaining process.

02:50 PM

The committee adjourned.