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Law Enforcement and Criminal Justice Interim Committee

MINUTES OF THE

LAW ENFORCEMENT AND CRIMINAL JUSTICE INTERIM COMMITTEE

August 19, 1998 - 9:00 a.m. - Room 416 State Capitol



Members Present:
    Sen. Michael G. Waddoups, Chair     Rep. Robert H.M. Killpack, Chair     Sen. LeRay McAllister
    Sen. Pete Suazo        
    Rep. Perry L. Buckner         Rep. Gary F. Cox
    Rep. David L. Hogue    
    Rep. Susan J. Koehn
    Rep. Carl R. Saunders


Members Absent:
    Rep. David L. Gladwell
    Rep. Neal B. Hendrickson
    Rep. John E. Swallow

Staff Present:
    Ms. Chyleen A. Arbon, Research Analyst
    Ms. Susan Creager Allred, Associate          General Counsel
    Ms. Wendy Bangerter, Legislative Secretary


    
Note:    A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1.    Committee Business - Chair Killpack called the meeting to order at 9:10 a.m.
    
     MOTION:    Rep. Cox moved to approve the minutes of the July 15, 1998 meeting. The motion passed unanimously with Rep. Koehn absent for the vote.    
            
2.    State Correctional Officer Compensation
        
     Pete Haun, Director, Department of Corrections, distributed information that indicated some of the problems and solutions of recruiting and retaining state correctional officers. He emphasized that the issue of retention is reaching a critical stage and that low pay is the greatest cause. He indicated that the state is not able to compete with other law enforcement agencies in compensation of employees. The projected cost to bring the department up to a standard level is $16- 18 million, which would represent a 31 percent increase (ten steps) and would affect about 1,500 employees per year. He expressed concern that the two new county jails coming on line will need approximately 200 correctional officers, which will entice more state correctional officers to apply for these higher paying jobs.

    Mr. Haun added that another reason for lack of retention is the working environment, which consists of more difficult inmates in the state correctional facilities than in the county jails. He spoke well of the state's correctional institutions and noted that Utah leads the nation in the low number of escapes and assaults on correctional officers. He assured the committee that a comprehensive review was conducted to find areas in the department where funds could be shifted to help with some of the budgeting needs.
    
     Kim Christensen, Compensation and Budget, Department of Human Resource Management, distributed survey data for 1997-98 indicating compensation for state and county correctional officers. With only cost of living increases, it is a slow, if not impossible, process to move up the compensation scale. He noted that correctional officers rarely reach the long-range salary scale because of turn over. He pointed out that the state is not limited to hiring anywhere along the pay range, but doing so causes an interior equity issue.

     Mike Chabries, Deputy Director, Department of Corrections, stated that after working in law enforcement for many years, he has just recently become acquainted with the realities correctional officers face when dealing with the most dangerous and violent criminals. State correctional officers are subjected to the most vile abuses, with mace being the only weapon they carry, while being expected to maintain discipline, as well as help inmates progress. If the officers are not strict enough, they become victims of the inmate. He emphasized that compensation needs to be fair in order to maintain adequate and experienced staff.

     Sid Groll, Director, Peace Officer Standards and Training (POST), stated that when he served as a county sheriff, correctional officers from the Department of Corrections would leave the state's employment to work with the county because of a better working environment and better salaries. He distributed a booklet and reviewed the training required of correctional officers. He stated that Utah has maintained a good level of comparability between the training of law enforcement and correctional officers.

     Sheriff Aaron Kennard, Salt Lake County, spoke in favor of compensating state correctional officers at the same level as his county correctional officers. He emphasized that none of his officers are being over paid. He noted that the new facility under construction will house 2,000 inmates and his officers will be in close contact with some of the most dangerous and violent offenders. He stated he will continue his efforts toward quality corrections and appropriate compensation. He explained that since he raised his officers' compensation, the turn over rate has significantly decreased. He also spoke in favor of a metro public safety system so that the competition for compensation would be nullified.

     Donald L. Harwell, Corrections Advisory Council, distributed a letter from the Chair of the Citizens Advisory Council. He reviewed some of the risks the correctional officers face and how their jobs wear them down. He noted how dangerous it is for both the officers and the inmates when the number of correctional officers on duty is not adequate. He also noted the inefficient use of overtime dollars that could be used to more fairly compensate the officers. He asked that the Legislature consider the public safety issues that arise due to pay inequities.
            
     Robyn Williams, Field Operations, Department of Corrections, reviewed her job responsibilities and the dangerous situations she and other field agents encounter as they work with probationers and parolees. She emphasized how it affects her family and how the officers need to

know their lives and service are valued. They deserve to be compensated on a parity with other law enforcement officers and commensurate with the assignments given to them.

     Ron Wilson, Correctional Officer, Department of Corrections, emphasized that the gap of disparity has widened over the years. He stated that seasoned veterans make little more than new officers; the jobs are stressful and emotionally draining and the environment is dangerous. He noted that those inmates in maximum security are there because of their behavior while in the system. He reviewed issues identified from letters written by fellow officers that indicate how they and their families are affected by inadequate compensation. He distributed a packet of the letters he had collected.
            
     Tom Bielen, President, Utah Public Employees Association, identified the pay inequities as the number one cause for a high turn over rate. He spoke of the learning curve for correctional officers and the benefits of keeping experienced officers in the system.
            
     Kevin Schofield , President of the Utah Chapter, American Federation of State, County, Municipal Employees (AFSCME), asked the committee to take the time to educate the Legislature as a whole and consider fair compensation.
    
     Steve Miller, President of Utah State Lodge 14, Fraternal Order of Police, told of several officers' difficult financial situations, in spite of their advanced education. He noted that the correctional officers under the Department of Corrections are the most knowledgeable and experienced of all law enforcement officers.

     Bernie Litvin, Parole Officer, Department of Corrections, spoke of the loss of experienced correctional officers the state will experience with the expanding county jails. He explained that while he has served as a state correctional officer, he and his fellow employees have not received merit increases, but only cost of living adjustments. He asked the committee to educate the other legislators about the disparity and its consequences.

     Tim Hibler, Parole Officer, Department of Corrections, told of the dangers he and his fellow probation officers encounter as they fulfill their responsibilities. He also spoke of the disparity of the merit system.

    Mr. Haun emphasized that in the approaching crisis, the compensation disparity is not only with correctional officers, but also with support staff.

    Sen. Waddoups suggested that the Law Enforcement and Criminal Justice Interim Committee make a recommendation to the Executive Appropriations Committee to address this issue. He expressed appreciation to those who spoke to the committee and provided information to help the committee better understand the situation. He emphasized that moving legislative action through the

process is slow, and that they and their spouses need to do more to educate the Legislature and others regarding the problem.

     MOTION:    Sen. McAllister moved that a letter be prepared and sent to the governor prior to his budget preparations indicating the dire need for action to be taken on this issue. Comments from the Department of Human Resource Management are to be included in the letter. The motion passed unanimously.

    Rep. Cox expressed support for the letter and appreciation for the level of service that exists. He said he has asked staff to open a bill file for appropriations for this issue in the upcoming legislative session.

    Rep. Killpack emphasized that compensation should be considered a priority item. He expressed his appreciation for those presenting and for their dedication to law enforcement.
    
3.      Other Items / Adjourn

     MOTION:    At 11:35 a.m., Rep. Hogue moved to adjourn the meeting. The motion passed unanimously.


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