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

Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.
1.Committee Business
Chair Birkeland called the meeting to order at 10 a.m.
2.Board of Pardons and Parole Warrant Requirements
2a - Parole Revocation Statute - 77-27-11
2b - Board of Pardons and Parole Administrative Rule R671-510
2c - Legislative Audit - Board of Pardons and Parole
2d - Presentation, Committee Staff
2e - Presentation, Probable Cause Administrative Rule
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.
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.
No action was taken on this issue.
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 - 9Nays- 0Abs- 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
3a - Law Enforcement Quota Statute - 77-7-27
3b - Ogden City Officer Evaluation Forms
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.
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.
During the committee discussion that followed, Sen. Bramble suggested that the committee obtain additional information before taking action.
Nate Mutter, Law Enforcement Legislative Committee, offered public comment on the issue.
MOTION:Sen. Anderegg moved to go to next agenda item.The motion passed with a vote of 9-0-1.
Yeas - 9Nays- 0Abs- 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
4a - Charter School Authorization Statute - 53G-5-205
4b - USBE Administrative Rule R277-552
4c - Presentation, USBE's Role in Charter School Governance
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.
Matt Throckmorton, founder, and Curtis Oda, Utah Military Academy, discussed the implementation of administrative rule R277-552-3 and the charter school application process.
Sen. Anderegg assumed the chair.
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.
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.
Rep. Birkeland resumed the chair.
The committee heard public comment on the issue from Cynthia Phillips, vice-chair, State Charter School Board.
5.State Charter School Board Oversight Process
5a - Charter School Draft Survey
5b - Charter School Memorandum Formal Complaint
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.
Cynthia Phillips, vice-chair, State Charter School Board reported that recent surveys indicate significant improvement and satisfaction between the board and stakeholders.
No action was taken on this issue.
6.Other Items/Adjourn
MOTION:Sen. Anderegg moved to adjourn the meeting.The motion passed with a vote of 7-0-3.
Yeas - 7Nays- 0Abs- 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
Chair Birkeland adjourned the meeting at 12:54 p.m.