80th Legislative Session _ 2005

Committee: Joint Appropriations
Monday, January 31, 2005

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Apa, Chair
P    Bartling
P    Dennert
P    Earley, Vice-Chair
P    Gant
P    Glenski
P    Greenfield
P    Hanson (Gary)
P    Haverly
P    Hunhoff
P    Klaudt, Vice-Chair
P    Napoli
P    Peters
P    Rausch
P    Smidt
P    Sutton (Duane)
P    Tidemann
P    Putnam, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Co-Vice Chair Klaudt

Bureau of Personnel

Sandy Zinter - Commissioner, introduced the following personnel: Sandy Jorgensen - Compensation, Ellen Zeller, Larry Kucker - Benefits, Mary Keeler and Jim Neilus - Finance Officers. Document 1 was distributed to all the committee members, which gave the BOP budget summary.
                            
BOP Budget Summary:
For the Personnel Management and Employee Benefits program and the Risk Pool, the Governor is recommending an increase of two FTE and $105,600 in other fund expenditure authority for the Personnel Management and Employee Benefits program, and no increase for the Risk Pool.

The Governor's budget recommendations for the Bureau of Personnel is an overall increase of two FTE and $105,600 in other fund authority in personal services. One FTE will be used for competency development areas. The second FTE will be assigned to the Workers Compensation program.

Overview: The Bureau of Personnel is a central human resource agency for the executive branch of the government. Currently budgeted for 68.5 FTE, the majority of employees are located in Pierre. The mission is to develop and to build a high quality workforce. The workforce is often challenged to do more with less. Efforts are concentrated on competency-based human resources.

Sandy Jorgensen addressed the specific area of HR. Document 2 was distributed which explains the reasons for the requested 1 FTE. The challenge is to determine success in people that is, behavioral attributes rather than their backgrounds, and educational experiences. In July 2000, the agency began to overhaul selection services and started teaching behavioral interviewing. Competencies are different ways of looking at qualifications for jobs. Competencies are like a child's report card. (Refer to page 3 in Document 2).        

Competency models focus on how the individuals use knowledge, skills, and abilities to produce results. Selection methods were changed based on the best behavior type for the job.

Representative Klaudt asked who determines competencies. Sandy Jorgensen replied that it is done using a focus group of outstanding employees and an expert panel (those with excellent supervisory skills). The whole process takes about four hours in the focus group and then is given to the expert panel.

The logical steps are to develop a model and then start appraising, based on that model.
The research is very labor intensive; an individual is needed to intently focus on the research position.

Representative Haverly asked where the supervisor fits in. Ms. Jorgensen said that the supervisor is needed to have the tools to select and to train others as to what to look for and how to function. Correctional officer tools are needed to communicate and manage better. Ms. Jorgensen used the department of corrections as an example. Before, the department made a selection of applicants that had military training. A competency model will give the tools to better match a person with a position. Managerial training process is in place, but the systems need to be linked together. A competency model system should also have metrics with it. Looking at the competence-based system, implementation metrics shows that disciplinary actions in the Corrections Deparmtent have reduced since FY01 from 31% to 19% in FY04. Less turnover occurs when the individual is fit for the job.

Representative Rausch asked if the program will expand throughout all of the state government. Agency personnel said the intent is to start with occupational modeling, but it needs constant remodeling. Without having a dedicated person, it takes a year or two to get these programs up and running. Specific job classes will be. This is a different way of thinking about how hiring is done and is also being done in the private sector.

Representative Hunhoff asked what the average turnover rate of correctional officers is. The response was that it is around 30%, but this number will drop. When training, an applicant is shown a video to see the awareness.

Senator Smidt stated that if competency training really worked, there would be a great deal of savings for the state and wondered if that is the idea behind the matrix. Other areas will be measured to as it becomes longer term. The model is not developed unless the matrix can be put in.

Representative Tidemann asked what would the reward be. Ms. Jorgensen stated that this is part of the issue. Bonuses could be done, but that would depend on the amount of funds within the department. An advantage of this system is less turnover. It is possible that a model could be so successful, in that the savings could be used for bonuses.

Classification and training, presented by Ellen Zeller.
In the executive branch there are 47% of employees classified at job worth. After an individual had been in the position for six months, they would receive a 5% increase in pay range. Job worth is nothing more than what the state can afford at that time. The job worth represents a well-established individual for the job.

Representative Tidemann asked if employees pay 100% of the dependence coverage in insurance. Ms. Zeller replied that no, the employees do not. The decision was made 11 years ago to fund a part of the dependence coverage. The co-payment has changed over the years.

Senator Smidt wanted to know what the premium rates for vacant positions. The response was that it depends on what position is vacant. If a lower-level position is vacant, it would be a lot less than if a higher paid positions was vacant.

Senator Apa inquired about the consideration of market value difference. The per employee insurance rate for each employee is $4,888. The best way to figure it is by looking at the surrounding areas and the Midwest region along with private insurance companies information. South Dakota is paying a considerable amount less per employee than surrounding states.
                    
Senator Earley asked for a further explanation of the health care plan given in Document 1 page 3. Jim Neiles said that BOP is billing out a little less than the cost to take into account over- recovery. Larry Kucker responded that the contract with Healthcare Medical Technologies, Inc., perform medical management for BOP. Healthcare Medical Technologies gives BOP quarterly and annual reports for the group medical program. Sioux Valley's contract is for the health screening for the employees.

Representative Hunhoff asked if those medical professionals do any follow ups on the screening results. The response was affirmative.

Employee benefits outside health care, presented by Larry Kucker.
The benefits program covers state employees in many areas. A cafeteria plan, life insurance, and supplemental insurance plans for retirees. About 25,000 people are covered under the state. Seasonal and temporary employees are covered. In theory, these 25,000 could be under the workers compensation, about 8% of the population of which a report is given. The workers compensations plan lasts a lifetime. This adds a complexity. Half of the money spent are spent on a claim from a prior year. It takes 5-15 hours to process one claim. Currently there are 3 FTE working with the claims. BOP has borrowed other FTEs to complete these claims. In FY04 of the 2000 reports, 888 of them turned into some kind of medical action. The 888 include current year problems as well as past year problems. There is not a huge increase in claims. The budget is for 3 FTE and are using 4 FTE to do the work.

Representative Hunhoff asked for the process description. If an employee is injured at the local level, they are required to report to the supervisor. The supervisor then fills out a claims report. Non-serious claims are generally handled at the local level. The supervisor works with the employee so as to not exasperate the employee. The position is a non-clinical person who has some medical knowledge.

Risk pool, presented by the commissioner and Mr. Kucker.
Established to provide insurance coverage for South Dakotans that would loose insurance due to no fault of their own. The Risk Pool has grown to 540 members. Not many catastrophic claims have occurred. The fund is doing well. Gross return on investment was 6.6/1. Senator Sutton, a member of the Risk Pool Advisory Group claimed that the process is working well, meeting almost monthly. Senator Bartling echoes the opinions of Senator Sutton.

A couple individuals have hit the maximum benefit. No one that is covered by the state plan is covered by the Risk Pool. Senator Apa asked how many FTE are actually working the health department. There are 8 FTEs and 5 of them are working in the health area.


Larry Kucker's replacement is Eric Hales.

Committee recessed at 9:54
Committee reconvened at 10:05    
                    
Chairman Putnam assumed the chair.

The Legislature

The legislative budget is funded primarily from the General Fund. The Governor's FY 2006 recommended budget for the Legislative Branch is $7,215,639 ($7,180,639 from the General Fund) and 72.2 FTE. This is an increase of $98,041 (1.4%) from FY 05 and an increase of $118,211 (1.7%) from the legislative agencies' request.

Department of Legislative Audit
(DLA)
Marty Guindon, Auditor General, presented a brief summary for Legislative Audit and distributed Document 3. This document provided answers to the questions previously submitted by the Joint Committee and a summary of the agency's budget request. Mr. Guindon said the department performs the single audit for the State of South Dakota and provides reports on the Lottery, Investment Council, and other investment portfolios. The department performs audits of local governments and schools and is statutorily responsible for preparing accounting manuals for local governments and schools and assisting those entities in compliance requirements. The department also reviews and approves audits done by independent public accountants for state agencies and local governments and schools. Mr. Guindon said only 16% of the local government audits are done by DLA. In addition, by law the department is staff to the Government Operations and Audit Committee.

The recommended agency budget request is $2,592,553 from the State General Fund and 36.0 FTE. This is an increase of $66,293 (2.6%) and 1 FTE from FY 05. The Governor concurs in these requests.
1 *      A net increase of $35,558 in Personal Services for 1.0 Auditor II position salary and benefits.         
2 *      A net increase of $30,735 in Operating Expenses
    3 *      $1,910 increase in Travel for increased mileage reimbursement rates
    4 *      $14,755 increase in Contractual Services for increased BIT charges, and the increased annual peer review
    5 *      $1,000 increase in Supplies & Materials for professional education programs.
    6 *      $13,070 increase in Capital Assets for to replace 12 computers

Question 1. What is your definition of a mandatory FTE? Mr. Guindon said the Department of Legislative Audit's (DLA) categorizes its FTE as follows:
7 *      DLA has no positions mandated by the constitution.


8 *      SDCL 4-2-2 requires the Legislature to appoint an Auditor General.
9 *      SDCL 4-2-6 and 4-2-7 authorize the Auditor General to hire assistants and other personnel to perform the work of the DLA.
10 *      DLA receives no federal funds. The DLA does perform the Single Audit for the State of South Dakota which is required by federal law.

Representative Peters asked what percentage of time is spent reviewing audits vs. performing audits. Mr. Guindon said in addition to one full-time employee, a few others spend a fraction of an FTE on this review activity.

Representative Peters asked if the revenue came from audits performed for political subdivisions and outside agencies. Mr. Guindon said yes and also from non-general funded state agencies. Representative Peters asked if the DLA tracked chargeable staff time. Mr. Guindon said the chargeable time depended on the individual staff and their level. Representative Peters asked for an explanation of the difference between the $2,526,260 expenditures and the projected revenue. Mr. Guindon said it was the general fund services not billed plus services required by state law to be provided for free. Representative Peters asked if DLA had ever considered having the A31 audit performed by contractual labor. Mr. Guindon said no, it would be difficult to find a firm in South Dakota large enough to do the work.

Senator Apa asked how many CPA's were employed by the department. Mr. Guindon said there are10. and 4 or 5 were working toward their CPA. Senator Apa asked if the DLA helps with the expenses for those working toward their CPA. Mr. Guindon said yes, the department purchases computer software and provides time off, without penalty, for those taking the tests; however, they do not pay travel or per diem costs. The computer software program costs approximately $400-500 per person and the software is updated every 2 years at a cost of $500.

Mr. Guindon said subsequent to the time the budget was submitted, the State Board of Finance approved increases in meal reimbursement rates for in-state travel. The DLA is requesting an additional $3,500 in travel expenses in the operating budget to cover those increases.

Mr. Guindon told the Committee the loss of an FTE in 2002 had impacted the DLA's ability to meet required deadlines and department goals. The DLA has spent 844 hours in the past year in service to the Government Operations and Audit Committee and, in addition, has spent time providing assistance to summer study committees. Due to the loss of the FTE and the increased workload, the issuance date for the Single Audit (a federal and state audit requirement) has slipped by 77 days for the FY 2002 report and 42 days for the FY 2003 report. Mr. Guindon said while the DLA has requested and received approval for extensions to file the report, it is important that it be issued on time. In addition, the loss of the FTE has affected the DLA's ability to perform audit work in small agencies.

Representative Tidemann asked why DLA didn't use the state motor pool for travel. Mr. Guindon answered that the department does; however, a number of the staff are located around the state and in places where there are no state vehicles available.

Representative Klaudt commended the Auditor General and the Department of Legislative Audit for the enhanced, quality service the agency provided the Legislature in the past few years.

Legislative Research Council (LRC)
James Fry, Director of the LRC, and Carol Huber, Finance Officer, presented the agency budget. In response to earlier questions from the Joint Committee , Documents 4 and 5 were distributed.

The recommended agency budget request is $4,504,875 and 36.2 FTE which includes $4,469,875 from the State General Fund and $35,000 other funds. This is a decrease of $86,463 (1.9%) from FY 05. The decrease in personal services and operating expenses is primarily due to the length of the legislative session.

Mr. Fry told the Committee the Executive Board has considered adding an FTE to the LRC Fiscal Staff. This person would be involved in economic forecasting and other duties as assigned. Representative Peters asked if this person would be available to work on Medicaid issues, and Mr. Fry said yes. Senator Greenfield asked if LRC had a plan or specific duties for this new FTE. Mr. Fry said no, other duties would be assigned depending upon anticipated need. Representative Glenski asked how this salary compared to the costs for work done in the past. Mr. Fry said past costs were higher than hiring an FTE. Past estimates for this work have ranged from $45,000 to $65,000.

Senator Earley asked about the difference between the actual FTE and the budgeted FTE. Mr. Fry explained the 10 extra FTE were for employees hired to work during legislative session. Mr. Fry said there is no money attached to these FTE.    

Senator Smidt commented as former chair of the Executive Board. The Board has looked at the appropriations process. The Board is requesting and getting more information now than in the past and with the various changes being made in state government, grants and federal money coming to South Dakota, the appropriations process has to continue to be looked at. Senator Smidt asked if there was any flexibility in the Legislature's budget for participation in the International Legislative Forum. Mr. Fry said yes; other legislative costs are considered when the Interim Budget is put together.

Mr. Fry briefed the Committee on the problems being experienced with the voting machine in House. LRC spent funds this past summer to reprogram the software to operate with the new operating system. Daktronics did the work, but then it sold that portion of their company to International Roll Call. Unfortunately, WindowsXP is not compatible with the new software, and the system is back to operating with the old software. LRC would like to buy the International Roll Call System at an estimated cost of $50,000. Mr. Fry told the Committee that LRC will go back to Daktronics to let them know the work done has not solved the problem and will attempt to retrieve some of the money paid out.

Mr. Fry briefed the Committee on the possible acquisition of additional committee room space on the 4th floor of the Capitol. No formal request for funding is made in the 2006 budget as it appears the space will not be available until FY 2007 at the earliest. Mr. Fry said $15,000 from current available funds may be used for design work on the proposed space.     

                                                                 
MOTION:     ADJOURN

Moved by:    Tidemann
Second by:    Earley
Action:    Prevailed by voice vote.

Barb Bjorneberg and Wendy Weinert

____________________________

Committee Secretary
J.E. “Jim” Putnam, Chair


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