Nearing the Home Stretch

The past week in Salem was relatively uneventful, but as it may be the second- or third-to-last week in session, every hour counts.

The “Grand Jury recording” bills, SB 496 and SB 505, are still in the Ways & Means Committee and have not yet been assigned to a subcommittee. ORCOPS’ lobbyists had been readying for a fight in the Public Safety Subcommittee, but this late in session the measures are likely to go instead to the politically powerful Capital Construction Subcommittee (which, despite the name, can hear any bill). We’ve been speaking with Ways & Means members to discuss the bills and their fiscal impact, especially as pertains to the release of public employee transcripts. Although no official fiscal impact statement has been released, sources say it will be around $10 million, so we are doing everything we can to push the message that this money could be much better spent elsewhere. Lately, our sources have stated that the Committee may forgo dipping into the State budget in favor of foisting those costs onto local governments — which would have an even more direct impact on local law enforcement budgets! We’ve been coordinating with the District Attorneys, who are similarly opposed. We’re also getting the message out to the cities and counties that $10 million could be better spent on programs and projects they are actually asking for. We’ve been helped by a great Op-Ed from Clatsop County District Attorney Josh Marquis that appeared in The Oregonian earlier this week.

Senate Bill 712, which provides hours of service credit for vesting purposes and retirement credit to members who receive worker’s compensation disability payments and subsequently are reemployed by any participating public employer, passed out of Ways & Means with a “do-pass” recommendation. ORCOPS has supported this bill from its first hearing and we’ve consistently touched in with legislators to make sure they understand how important a bill like this is for our members.

As you may have recently read in The Oregonian, it appears that both significant revenue discussions as well as regressive PERS “reforms” are off the table in Salem … at least for now. The idea of trading benefit-cutting PERS “reforms” for a new statewide corporate tax increase was gestated prior to session. But now it seems that those conversations have stalled out with Republicans seemingly unwilling to budge on revenue, and the Democrats holding the line on PERS. In lieu of a proposed tax increase worth $890 million this biennium (which would have required a three-fifths “supermajority” that included Republican support), the Legislature is now looking at instead rolling back $200 million worth of business tax breaks from 2013 (eliminating tax cuts generally does not require a supermajority, although there is disagreement on this particular proposal). But without the need for Republican support on a tax proposal, Democratic leadership is unwilling to focus on PERS “reforms.” Although there is a short legislative session in February of 2018, it appears that both sides of the aisle intent to mothball these discussions—at least in a practical sense—until 2019.

Over the past few months, ORCOPS has met with dozens of legislators in both chambers and of both political persuasions to talk about the various proposals that have been floated. As the only member of the “PERS Coalition” that represents local law enforcement, ORCOPS made headway on both sides of the aisle. We’ve discussed how the “reform” ideas that have been floated not only consistently risk endangering our ability to attract and retain officers, but unfairly pushes a lot of additional financial burden on newer officers. We have also continued to push and testify to the principle that “a deal is a deal,” and when coming from the representatives for members of their local law enforcement, this has gone over well. This was especially helpful with Rep. Buehler (R – Bend) and Sen. Knopp (R – Bend), when discussing how PERS “reforms” would affect the members of Bend Police Department, who have recently joined our coalition. They both expressed their desire to better connect with their local law enforcement in the interim. ORCOPS discussed ways that PERS liabilities could be cut (by $3 billion or more) through more efficient management practices that won’t affect benefits.

To be clear, although at the moment PERS “reform” seems to be off the table, there are still 17 days left in the session and we will stay vigilant of any new developments. Just because all deals are off the table today, doesn’t mean there couldn’t be a last-minute bargain that we need to address in short order. For now, we will continue to work on taking the Grand Jury recordation bill off the table, run traps on any chance of PERS “reform” or other bad bills resurrecting, and watch for any last-minute amendments that would impact ORCOPS.

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The Salem Machine at Work

This past week was hectic for everyone in Salem, as it was the last week to get bills scheduled to be voted on by committees in their original chamber (they must be voted on by committees by April 18).

ORCOPS started the week out by testifying with the Chiefs, Sheriffs, and other law enforcement organizations to support a measure facilitating medical screenings when an officer is exposed to another person’s bodily fluids. Senator Tim Knopp (R – Bend) expressed support for the concept, acknowledging that “peace of mind matters” to law enforcement officers in this situation.

We continue to work with the District Attorneys Association to prevent a damaging bill that would impede officers’ ability to interview minors (HB 3242), and our conversations with Rep Barker (D – Beaverton), whose committee heard the measure, have been fruitful. We’ll learn next week whether the measure is tabled or if there is enough lingering support to pass it in some form.

ORCOPS also had a fruitful meeting on PERS “reform” with Senator Steiner-Hayward (D – Portland/Beaverton), who seemed to indicate support of ORCOPS’ position on protecting and respecting the State’s pension promises. ORCOPS is the only member of the pension-defending PERS Coalition representing local law enforcement officers.

ORCOPS is pleased to report that Senate Bill 712 unanimously passed the Senate Workforce Committee this past week, with some amendments. The bill provides PERS time credit for officers who are injured on duty and receive workers’ compensation benefits, and fixes a serious inequity within Tier-3 PERS (OPSRP) where someone injured on the job and collecting workers comp currently doesn’t receive service credit for the period between the injury and their return to work.

Several other more “housekeeping” measures passed, such as HB 2987, which slightly modifies the crime of giving false information to an officer, and clarifies the language slightly. On these measures, ORCOPS tracks the legislation and works with committee members, but does not need to give testimony.

Lastly, HB 2674, which would fix an oversight in the extension of PERS to OHSU’s police officers, was not scheduled for a hearing, even after OHSU and ORCOPS came to an agreement on the policy. Although the measure was very narrow in scope and effect, the House leadership refused any and all measures that would expand PERS, even so slightly, under fear that it would impede other negotiations. ORCOPS will continue to pursue the measure as an amendment.

Stay safe out there.

Daryl Turner, President
Oregon Coalition of Police and Sheriffs

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