MINUTES OF THE
ADMINISTRATIVE RULES REVIEW AND GENERAL OVERSIGHT COMMITTEE
Monday,
August 28, 2023
•
10:00 a.m.
•
445 State Capitol
Members Present:
Sen. Curtis S. Bramble, Chair Rep. Kera Birkeland, Chair Sen. Jacob L. Anderegg Sen. David G. Buxton Sen. Luz Escamilla Sen. Karen Kwan Rep. Gay Lynn Bennion Rep. Jennifer Dailey-Provost
| Rep. Mark A. Strong
Members Absent:
Rep. Brady Brammer
Staff Present:
Rohnin Randles, Policy Analyst Eric N. Weeks, Managing Associate General Counsel Tracey Fredman, Administrative Assistant
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Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.
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Chair Birkeland called the meeting to order at 10 a.m. |
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2.Board of Pardons and Parole Warrant Requirements |
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2a - Parole Revocation Statute - 77-27-11 |
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2b - Board of Pardons and Parole Administrative Rule R671-510 |
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2c - Legislative Audit - Board of Pardons and Parole |
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2d - Presentation, Committee Staff |
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2e - Presentation, Probable Cause Administrative Rule |
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Rohnin Randles, Policy Analyst, Office of Legislative Research and General Counsel, discussed the findings of a legislative audit that identified a potential conflict between statute and administrative rule regarding when a warrant may be issued for a violation of parole. |
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Jennifer Yim, Administrative Director, Melissa Stirba, Board Vice Chair, and Amanda Montague, Associate General Counsel, Board of Pardons and Parole, provided an overview of the process the board uses regarding probable cause requirements for issuing warrants by the board, and responded to questions from the committee. |
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No action was taken on this issue. |
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MOTION:Sen. Bramble moved to approve the minutes of the June 12, 2023, meeting.The motion
passed
with a vote of
9-0-1.
|
|
Yeas -
9 | Nays-
0 | Abs-
1 | |
Sen. J. Anderegg Rep. G. Bennion Rep. K. Birkeland Sen. C. Bramble Sen. D. Buxton Rep. J. Dailey-Provost Sen. L. Escamilla Sen. K. Kwan Rep. M. Strong
| | Rep. B. Brammer
| |
3.Ogden City Police Department Ticketing Practices |
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3a - Law Enforcement Quota Statute - 77-7-27 |
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3b - Ogden City Officer Evaluation Forms |
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Rohnin Randles, Policy Analyst, Office of Legislative Research and General Counsel, introduced the issue of potential violations of Utah Code Section 77-7-27, which prohibits the use of law enforcement quotas. |
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Chief Eric Young, Ogden City Police Department, and Mayor Mike Caldwell, Ogden City, discussed the process of performance evaluations for Ogden City officers and responded to questions from the committee. |
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During the committee discussion that followed, Sen. Bramble suggested that the committee obtain additional information before taking action. |
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Nate Mutter, Law Enforcement Legislative Committee, offered public comment on the issue. |
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MOTION:Sen. Anderegg moved to go to next agenda item.The motion
passed
with a vote of
9-0-1.
|
|
Yeas -
9 | Nays-
0 | Abs-
1 | |
Sen. J. Anderegg Rep. G. Bennion Rep. K. Birkeland Sen. C. Bramble Sen. D. Buxton Rep. J. Dailey-Provost Sen. L. Escamilla Sen. K. Kwan Rep. M. Strong
| | Rep. B. Brammer
| |
4.Charter School Authorization Requirements |
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4a - Charter School Authorization Statute - 53G-5-205 |
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4b - USBE Administrative Rule R277-552 |
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4c - Presentation, USBE's Role in Charter School Governance |
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Rohnin Randles, Policy Analyst, Office of Legislative Research and General Counsel, discussed the history of authorization of charter schools and the State Charter School Board. |
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Matt Throckmorton, founder, and Curtis Oda, Utah Military Academy, discussed the implementation of administrative rule R277-552-3 and the charter school application process. |
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Sen. Anderegg assumed the chair. |
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Committee discussion followed about possible compromises to allow charter school authorizers flexibility in working with potential charters while also upholding the State Board of Education's statutory and constitutional responsibilities to provide for the public education system. |
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James Moss, Chair, Angie Stallings, Deputy Superintendent of Policy, State Board of Education, reviewed the background of three phases of the board's involvement in charter school governance and responded to questions from the committee. |
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Rep. Birkeland resumed the chair. |
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The committee heard public comment on the issue from Cynthia Phillips, vice-chair, State Charter School Board. |
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5.State Charter School Board Oversight Process |
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5a - Charter School Draft Survey |
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5b - Charter School Memorandum Formal Complaint |
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Chair Birkeland asked committee members if there was an interest in sending out a survey to charter schools for the purpose of providing oversight to the State Charter School Board. |
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Cynthia Phillips, vice-chair, State Charter School Board reported that recent surveys indicate significant improvement and satisfaction between the board and stakeholders. |
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No action was taken on this issue. |
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MOTION:Sen. Anderegg moved to adjourn the meeting.The motion
passed
with a vote of
7-0-3.
|
|
Yeas -
7 | Nays-
0 | Abs-
3 | |
Sen. J. Anderegg Rep. G. Bennion Rep. K. Birkeland Sen. D. Buxton Rep. J. Dailey-Provost Sen. K. Kwan Rep. M. Strong
| | Sen. C. Bramble Rep. B. Brammer Sen. L. Escamilla
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Chair Birkeland adjourned the meeting at 12:54 p.m. |
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