Legislature(2013 - 2014)CAPITOL 106
02/13/2014 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB284 | |
| HB199 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 273 | TELECONFERENCED | |
| *+ | HB 284 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 199 | TELECONFERENCED | |
HB 199-VPSO FIREARMS
[Contains mention of SB 98.]
9:33:33 AM
CHAIR LYNN announced the final order of business was HOUSE BILL
NO. 199, "An Act relating to Department of Public Safety
regulations allowing village public safety officers to carry
firearms."
9:33:42 AM
REPRESENTATIVE BRYCE EDGMON, Alaska State Legislature, as
sponsor, presented HB 199. In response to the chair, he
confirmed that there were two fatal incidents in which a VPSO
was killed in the line of duty. Both occurred in Bristol Bay.
The first happened October 22, 1986, when Ron Zimin lost his
life pursuing an incident of domestic violence in the community
of South Naknek; the second incident took place March 19, 2013,
in Manokotak. He reported that the number of assaults against
VPSOs has been increasing. He said he has observed a change in
many rural Alaska communities, with an increase in violence,
domestic violence, and drug related altercations. He stated it
is just a matter of time before there is another violent
confrontation that may be avoided as a result of the proposed
legislation. In response to the chair, he said it is not
possible to know for certain whether the aforementioned
fatalities could have been avoided if those VPSOs had been
armed; however, he indicated that many residents of Manokotak
believed it would have made a difference.
9:36:29 AM
CARLA AKELKOK, Manager, VPSO Program, Bristol Bay Native
Association (BBNA), stated that the BBNA Board of Directors,
including President/CEO Ralph Andersen, supports HB 199. She
said BBNA is a regional Alaska Native non-profit corporation and
tribal consortium, which has operated the VPSO Program for more
than 30 years, since its inception. She related that both VPSOs
who died in the line of duty - Ron Zimin in South Naknek in
1986, and Thomas Madole in Manokotak on March 19, 2013 - were
BBNA employees. She stated, "Both are honored and in our hearts
and memories."
MS. AKELKOK said BBNA strongly supports changing state policy to
allow VPSOs to be armed, along with the required certified
training. She said BBNA thinks the decision [whether to arm a
VPSO] should be made as local policy by the particular community
and non-profit employer. She said at present BBNA's VPSO
contract with the Department of Public Safety (DPS) prohibits
BBNA from allowing its VPSOs to be armed while on duty. She
relayed that shortly after the death of VPSO Madole, the BBNA
Board of Directors adopted Resolution 2013-07, which called on
DPS to rescind the ban on arming VPSOs. Further, in September
2013, the board adopted resolution 2013-14 expressing support of
HB 199.
MS. AKELKOK stated BBNA's belief that the social environment of
rural Alaska has changed in the last 30 years, and that
increased use of alcohol and dangerous drugs such as
methamphetamine and heroin make the VPSO jobs more hazardous.
She said BBNA recognizes that a change in state policy to allow
BPSOs to be armed should be done through a planned process, and
appropriate training should be provided. She stated, "If
approved, BBNA has volunteered to be the pilot project with
DPS."
9:39:31 AM
MS. AKELKOK, in response to the chair, said BBNA does have
concerns about liability and will form a working group with DPS
to conduct further research.
9:40:32 AM
JODY POTTS, Coordinator, Village Public Safety Officers (VPSOs),
Tanana Chiefs Conference (TCC); Sergeant VPSO, commended the
state and bill sponsor for bringing HB 199 forward to support
VPSOs and the work they do in rural Alaska. Based on her
experience as a VPSO over the last four years, she said she has
witnessed an increase in the level of violence and
unpredictability of the people that VPSOs deal with on a regular
basis, along with an increase in assaults on officers. She
stated that the TCC Executive Board and President support arming
VPSOs and have faith in DPS's ability to properly train VPSOs.
She said she was a recruit at the academy in Sitka, and she
believes the training will be sufficient.
MS. POTTS relayed the only concern is related to the screening
process. She said currently VPSOs have to pass a basic criminal
background check, after which the nonprofit organization is
allowed to interview and hire them. She said state troopers and
other municipal police in Alaska who are certified by the Alaska
Police Standards Council (APSC) undergo a much more lengthy
screening process, which includes a more in depth background
check, psychological ("psych") evaluations, a polygraph test, a
physical fitness test, and more lengthy interviews. She opined
that that is important to ensure that "communities are getting
highly qualified individuals that are fit mentally and
physically in order to carry a firearm." She stated her belief,
based on the research she has conducted, that this factor could
protect a VPSO, the hiring organization, and the state if a
liability case was brought claiming excessive use of force. She
said she thinks it would be a disservice to Alaskans if the
state does not require a test of mental and physical fitness, in
addition to the criminal background check, [before qualifying a
VPSO to be armed].
9:44:18 AM
CHAIR LYNN asked Ms. Potts if she is concerned that under HB
199, a VPSO would not be required to have as much training in
carrying a firearm as a police officer.
MS. POTTS answered yes. She stated her belief that the villages
being served deserve the highest training in their VPSOs. She
further remarked upon the high-level, quality training that the
VPSO Academy provides. In response to a follow-up question, she
reemphasized her concern about how the courts would view a case
of excessive force brought against a VPSO who had not been
screened sufficiently to determine whether he/she was qualified
to carry a weapon. In response to the chair, she clarified that
TCC supports HB 199, but strongly feels that the issue of a
proper screening process needs to be addressed.
9:47:33 AM
REPRESENTATIVE HUGHES requested that the bill sponsor explain
why the screening is not included and address the issue of
training brought up by Ms. Potts.
9:48:01 AM
REPRESENTATIVE EDGMON said he has been assured by DPS that the
whole process of screening and training, which will be under the
umbrella of the Alaska Police Standards Council, will be
"similar [to], if not directly on par with what a municipal
police officer would get." He said he cannot speak for the non-
profit organizations [that hire the VPSOs], but he surmised that
they would carefully screen candidates. To illustrate his
personal commitment to this issue, he told the committee he is
going to the training facility in Sitka on a Saturday when there
will be active training taking place, and he invited others to
join him.
9:50:45 AM
REPRESENTATIVE GATTIS expressed concern regarding additional
training that may be necessary to address unique situations in
rural villages where, for example, a VPSO may be related to some
of those he/she serves. She indicated that carrying a weapon
can escalate a situation. Notwithstanding that, she opined that
[VPSOs] working in villages should not be without a weapon.
9:52:09 AM
REPRESENTATIVE ISAACSON asked the bill sponsor whether the
phrase "minimum standards in training" is associated with the
Alaska Police Standards Council.
9:52:38 AM
REPRESENTATIVE EDGMON responded that following the House
Community and Regional Affairs Standing Committee meeting on HB
199, he asked DPS to check with the Department of Law on whether
"that, in fact, was the case," and the answer he received was
yes.
REPRESENTATIVE ISAACSON asked Representative Edgmon to confirm
that he thinks "no amendment is needed to make sure that that
intent is ... fulfilled in regulation."
REPRESENTATIVE EDGMON answered that is correct.
9:53:19 AM
ALBERT JUDSON related that he is Tlingit and (indisc.), and his
father was the first policeman in Hoonah, Alaska. He said he
became a VPSO. He stated support of HB 199 and SB 98, because
of the work he did, the experiences he had, and the things he
saw. He related an incident where his life was threatened. He
mentioned the right to bear arms, and the right to self-
protection. He said he would like to see VPSOs get temporary
permits even before getting training, because of the need to
protect themselves and their role in protecting the general
public. He said they take an oath, which should be taken
seriously.
9:57:43 AM
MR. JUDSON questioned if there is a law which says if a citizen
failed to help protect a police officer who was attacked, he/she
would be in violation of the law, and if so, he suggested that
that law should apply to VPSOs and anyone in law enforcement, no
matter where they are located. He talked about the United
States having fought for the right to be free and the equal
protection of all under laws. He asked the committee if there
should be a state trooper academy separate from that for VPSOs.
He talked about "many of them" being unqualified, having been
veterans, but with no formal training. He suggested having a
public safety academy for VPSOs and security personnel, which
would "alleviate that ... weakness."
10:00:33 AM
MR. JUDSON relayed that the only part of HB 199 he questions is
in regard to the phrase "minimum standards of training". He
said, "That's where I feel that a temporary permit should be
issued immediately, if not sooner ...."
CHAIR LYNN thanked Mr. Judson for his service as a VPSO.
[HB 199 was held over.]