Legislature(2013 - 2014)BELTZ 105 (TSBldg)
03/19/2014 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB180 | |
| SB176 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| * | SB 180 | ||
| HB 292 | |||
| = | SB 176 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 19, 2014
1:32 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Lesil McGuire, Vice Chair
Senator Fred Dyson
Senator Donald Olson
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 180
"An Act relating to the composition, powers, and duties of the
Alaska Police Standards Council; and requiring agencies that are
regulated by the Alaska Police Standards Council to provide
certain information about the council to persons who file a
complaint about the conduct of a police officer, probation
officer, parole officer, municipal correctional officer, or
correctional officer."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 292(JUD)
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
- SCHEDULED BUT NOT HEARD
SENATE BILL NO. 176
"An Act relating to the regulation of firearms and knives by the
University of Alaska."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 180
SHORT TITLE: POLICE STANDARDS COUNCIL
SPONSOR(s): SENATOR(s) MCGUIRE
02/19/14 (S) READ THE FIRST TIME - REFERRALS
02/19/14 (S) JUD
03/19/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 176
SHORT TITLE: REG. OF FIREARMS/KNIVES BY UNIVERSITY
SPONSOR(s): SENATOR(s) COGHILL
02/14/14 (S) READ THE FIRST TIME - REFERRALS
02/14/14 (S) JUD
03/03/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/03/14 (S) Heard & Held
03/03/14 (S) MINUTE(JUD)
03/05/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/05/14 (S) Heard & Held
03/05/14 (S) MINUTE(JUD)
03/10/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/10/14 (S) Heard & Held
03/10/14 (S) MINUTE(JUD)
03/14/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/17/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/17/14 (S) Heard & Held
03/17/14 (S) MINUTE(JUD)
WITNESS REGISTER
NANCY MEANS, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified on SB 180.
NORMAN MEANS, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in SB 180.
KELLY ALZAHARNA, Executive Director
Alaska Police Standards Council
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 180
JOHN SKIDMORE, Director
Criminal Division
Legal Services Section
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 180.
CHAD HUTCHISON, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented Version Y of SB 176 on behalf of
the sponsor.
HANS RODVICK, Intern
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information related to SB 176 on
behalf of the sponsor.
PATRICK GAMBLE, President
University of Alaska
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 176.
ACTION NARRATIVE
1:32:18 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:32 p.m. Present at the call to
order were Senators McGuire, Dyson, and Chair Coghill.
SB 180-POLICE STANDARDS COUNCIL
1:34:16 PM
CHAIR COGHILL announced the consideration of SB 180. "An Act
relating to the composition, powers, and duties of the Alaska
Police Standards Council; and requiring agencies that are
regulated by the Alaska Police Standards Council to provide
certain information about the council to persons who file a
complaint about the conduct of a police officer, probation
officer, parole officer, municipal correctional officer, or
correctional officer." This was the first hearing.
1:34:20 PM
SENATOR MCGUIRE, sponsor of SB 180, introduced the bill speaking
to the following sponsor statement:
With my introduction of SB 180, it is my hope that no
other Alaskan is put in a position where they feel
victimized and without recourse when a possible
improper use or abuse of authority by an officer
occurs within our law enforcement system. "Nancy's
Law" was inspired by the heart-wrenching story of a
young Alaskan named Nancy who found herself in just
that type of unfortunate and potentially life-altering
situation.
In order to ensure the public has a voice and proper
advocacy in the process, this bill will increase the
number of public members of the Alaska Police
Standards Council (APSC) and stipulates that those
members may not have previous worked for a member
agency. In addition, this measure establishes a
procedure for the council to process complaints and
will require member agencies to inform complainants of
their rights and protections through the APSC.
Finally, this measure will also give the Alaska Police
Standards Council the ability to suspend a certificate
when an officer has clearly done something that
requires action, but doesn't necessarily warrant
revocation.
Law enforcement is a very challenging and necessary
duty. We are blessed to have a phenomenal majority of
hard working officers in our state and I commend their
service. But the public trust and confidence in these
agencies is equally as necessary and important for
these agencies to accomplish their missions. SB 180
provides additional safeguards for the public while
helping to ensure bad actions and actors are subject
to added scrutiny, including potential suspension
and/or removal, by a stronger APSC with greater public
representation.
1:40:19 PM
Senator Olson joined the committee.
1:40:49 PM
NANCY MEANS, representing herself, Anchorage, Alaska, related
her personal story. She said that three years ago she and three
of her high school friends went shopping in Anchorage on Black
Friday. They were headed home at about 3:00 a.m. when her van
broke down on the corner of C Street and Tudor Road. A police
officer arrived on the scene and when the van wouldn't start he
helped push it out of the intersection.
She related that the officer came back to the van and requested
her license and registration and then asked for her phone
number. She said she respectfully declined to give him her phone
number. Then, the officer began to act very strange and he
demanded the identification of her three friends. She informed
the friends that they were not required by law to provide their
identification and they didn't. At this point, the officer
seemed flustered and returned to his car. She said she called
her father because she felt like something strange was going on.
MS. MEANS said that within a few minutes the first officer
returned to the van accompanied by a female officer. They asked
her to step out of the car. She did so and was searched by the
male police officer. She said she began to feel terrified. He
then walked away from the van and requested that she walk
towards him. At this point she told him she refused to answer
any more questions and would not consent to any more searches
and wanted her lawyer. He then placed her under arrest for DUI.
1:45:00 PM
SENATOR WIELECHOWSKI joined the committee.
CHAIR COGHILL summarized Ms. Means' story so far.
MS. MEANS continued to say that at this point the officer
quickly grabbed her arms and placed her under arrest. She said
it took her completely by surprise. The female officer then
began to yell at her and said she would place her on the ground
if she did not comply.
MS. MEANS said she looked over at her friends' horrified
expressions and told them to call her dad. The female officer
led her back to the police car, searched her again, and placed
her in the back of the vehicle. The officer then turned around
from the front seat and said, "Why are you such an indecent
human being that you can't answer our questions?" Ms. Means said
she sat silently and said nothing. Then, the officer said, "What
kind of drugs are you on that are making you act this way?" Ms.
Means said she still sat silently. Realizing her defenseless
situation, she recalled the Anthony Rawlins case nine months
prior where six women were abused and raped by a police officer.
She began to mentally prepare herself to encounter a similar
situation.
MS. MEANS said the officer drove her to the police station and
booked her. The officer there tested her blood alcohol content,
which was 0.000, and said he wished he could "un-arrest" her.
She said, while this was going on, her three friends were still
stranded at twenty below zero in the middle of Anchorage. The
male officer had them get out of the van and told them to walk
across the street and stay there until their parents arrived.
However, they were all minors and the officer was required to
stay with them until their parents arrived, but he left.
She said the officer at the jail took her to her parents' office
in Anchorage and her friends arrived shortly after. The van was
impounded for a DUI. She said they tried to get the van back for
a month and the city tried to charge $800 to get the van out of
impound.
She said she hired an attorney to appear in court for her
because she had to go back to college. The case was dismissed.
She said she has tried multiple times to have her record sealed
because it shows as an arrest on CourtView. She wants to apply
to graduate schools, which look at court records. Having an
arrest record is a blemish on her character and was a detriment
during three job interviews.
She concluded that she did nothing wrong and asserted her
rights, but the police officers had complete disregard for her
rights. She noted when she approached the Alaska Police
Standards Council with a certified letter, they did not respond,
nor take any action. She voiced concern about the lack of
response.
1:51:07 PM
CHAIR COGHILL thanked Ms. Means and expressed hope that her
story would prevent the same thing from happening to someone
else.
SENATOR DYSON said he used to be able to say that Alaska has
"clean cops" and he can't do that anymore. He advised that a
bill he introduced this year just passed the Finance Committee
and will address Ms. Means' issue.
SENATOR WIELECHOWSKI expressed sympathy and asked if she
contacted assembly members or the mayor's office or filed a
lawsuit.
MS. MEANS said she is in the process of a lawsuit against the
Municipality of Anchorage. She had requested that they admit
there was no probable cause for arrest and seal the record, but
they refused saying, because she was arrested, there must have
been probable cause. She noted the hearing officer determined
there was not probable cause to seize her vehicle.
1:54:20 PM
NORMAN MEANS, representing himself, Anchorage, Alaska,
explained, as Ms. Means' father, he filed a complaint about the
illegal impounding of his van and after several months he was
told his complaint was sustained. He wasn't satisfied with the
response and found there is no agency to handle complaints about
civil liberty violations by a law enforcement officer against
private citizens except the Alaska Police Standards Council. He
said it's important that citizens can bring concerns to this
council if they have a serious complaint. He suggested listening
to the incident recordings because they're shocking when a young
woman is only politely asserting her rights.
CHAIR COGHILL noted that Kelly Alzaharna and John Skidmore were
available for questions.
SENATOR DYSON said he'd like to hear from the Alaska Police
Standards Council. He recapped Ms. Means' testimony that she
filed a complaint and didn't hear back from the Alaska Police
Standards Council.
KELLY ALZAHARNA, Executive Director, Alaska Police Standards
Council, Juneau, Alaska, answered questions related to SB 180.
She explained that she was not working at the Council at the
time of the incident. When the matter was first brought to her
attention she asked to receive a copy of the letter. She said
she received the letter and has been dealing with the concern
since then.
SENATOR DYSON asked if there was a record of the receipt of that
letter.
MS. ALZAHARNA said no. She said she was told about it, looked
for it, and found no record of it.
SENATOR DYSON noted the letter was sent in writing and said that
is problematic. He asked what the process is after a complaint
is received.
MS. ALZAHARNA explained that she contacts the complainant and
then follows up on the inquiry. The process used is determined
by the nature of the complaint.
2:01:39 PM
SENATOR DYSON asked if protocols require notifying the officer
and their bargaining unit when an investigation goes forward.
MS. ALZAHARNA said no.
SENATOR DYSON asked, if the complaint does meet the minimum
standard that warrants an investigation, at what point is the
officer notified.
MS. ALZAHARNA explained the process she follows. If the
allegation is determined to be true and the misconduct falls
below the minimum standards, the officer is formally notified of
the allegation. The officer then has 15 days to respond. They
have two options: surrender their certificate or file a notice
of defense, a desire for a hearing following the Administrative
Procedures Act. They can have representation. There is no need
to notify their department, but the department generally knows.
CHAIR COGHILL voiced concern when things aren't done in the
light of day and there are internal conflicts of interest. He
asked where accountability lies if it's not transparent to the
public.
2:05:34 PM
JOHN SKIDMORE, Director, Criminal Division, Legal Services
Section, Department of Law, Anchorage, Alaska, answered
questions related to SB 180. He requested more information about
what Chair Coghill considers internal conflicts of interest.
CHAIR COGHILL clarified it is when it appears that "police are
investigating police;" from a public perspective it appears to
be behind a veil. He inquired what accountability measures are
in place.
MR. SKIDMORE explained that the executive director of the Police
Standards Council looks into the complaint and decides which
cases should move forward. The Council, as a whole, used to make
that decision, but cases dragged out much too long under that
process. As to accountability, the concern for transparency is
valid. He suggested contacting other members of the Council.
Until a formal complaint is filed, the matter is a personnel
matter and not public record. The bill doesn't change that. It
adds two public members and prevents the Governor from
appointing individuals that may have experience in law
enforcement.
CHAIR COGHILL said he understands the efficiency of having the
executive director make the decisions; however, it could also
thwart the process.
MR. SKIDMORE agreed. He noted the last executive director was
not with the Council very long.
2:10:24 PM
SENATOR DYSON said he, too, could see that the record should be
confidential initially. He described a situation demonstrating
confidentiality and questioned at what point the Police
Standards process should be inserted.
MR. SKIDMORE said when an officer resigns, in lieu of
termination, or is terminated from a police department,
regulations require that agency to notify the Police Standards
Council. The Council then has the ability to review and
determine whether or not that officer should have their
certificate revoked. The breakdown is when the agencies don't do
what is required or don't contract the Council when they want to
hire someone. He noted that the Council is reviewing regulations
to address that problem.
2:13:06 PM
SENATOR MCGUIRE clarified what the bill would do differently. It
would provide that the Council has a legal obligation to respond
to the complainant about their rights and to meet to review the
complainant's request, not leaving it up to the executive
director to decide.
She asked how Nancy's complaint is being handled currently.
MR. SKIDMORE stated that the Council is under confidentiality
standards.
SENATOR MCGUIRE asked for assurance that the Council is working
on it.
MR. SKIDMORE replied that Ms. Meade's case is being looked at.
SENATOR DYSON asked if the Council is out of the loop on an
agency's suspension decisions.
MR. SKIDMORE said unless the agency contacts the Council, they
won't know what decision is made.
SENATOR DYSON asked how the Council would know about a past
complaint regarding an officer.
MR. SKIDMORE repeated that unless the agency contacts the
Council, they are not privy to agency hires. Agencies are
required to contact the Council when there has been a
termination or resignation in lieu of termination.
SENATOR WIELECHOWSKI asked if the administration and Council
supports or opposes the bill.
2:18:26 PM
MR. SKIDMORE said the Council voted unanimously to oppose the
bill. He noted the Alaska Police Officers Association also
opposes the bill.
CHAIR COGHILL said he didn't intend to move the bill. He asked
Mr. Skidmore to get the Council's recommendations to the
committee.
2:19:29 PM
CHAIR COGHILL held SB 180 in committee for further
consideration.
SB 176-REG. OF FIREARMS/KNIVES BY UNIVERSITY
2:19:50 PM
CHAIR COGHILL announced the consideration of SB 176. "An Act
relating to the regulation of firearms and knives by the
University of Alaska." He said it was the fourth hearing of the
bill. He noted the proposed committee substitute (CS), Version
Y.
2:20:48 PM
SENATOR MCGUIRE moved to adopt CS for SB 176, labeled 28-
LS1385\Y, as the working document.
CHAIR COGHILL objected for purposes of an explanation.
2:21:50 PM
CHAD HUTCHISON, Staff, Senator John Coghill, Alaska State
Legislature, Juneau, Alaska, presented Version Y of SB 176 on
behalf of the sponsor. He explained that Version Y focuses on
concealed carry. He cited an article called "Despite Policy,
Weapons Still Appear on University Campus" that quotes a
security officer on the UAF campus. In 1995, the UA Board of
Regents established a policy that does not allow anyone to carry
concealed guns, knives, and explosives on the university
property, inside university buildings and classrooms off campus,
or at university-sanctioned events. But, Officer McGee says that
Alaska's conceal and carry laws may keep him from enforcing that
policy. He said, "As the police chief, and as a resident here in
the state of Alaska, I think there's probably a greater number
of firearms on campus than any of us really know about; it's
just that these people aren't using their firearms to commit
criminal acts."
MR. HUTCHINSON said this demonstrates three things: there are
already firearms on campus, clarity, as it relates to concealed
carry, is necessary, and the current policy of UA does not work.
He opined that the CS strikes a balance between individual
rights to keep and bear arms and the individual rights to
privacy. It constitutes a reasonable compromise between concerns
of university students, safety in the schools, and the
fundamental rights of individuals who have guns on campus.
He stated that the fundamental principal of the bill is that the
university may not restrict concealed carry. There are certain
restrictions that relate to weapons misconduct. He provided a
sample of the restrictions. As a compromise, the bill now
includes the use of an approved lock box for the weapons and a
permitting process is required.
2:29:02 PM
HANS RODVICK, Intern, Senator John Coghill, Alaska State
Legislature, Juneau, Alaska, presented information related to SB
176 on behalf of the sponsor. He explained the permitting
process of obtaining an Alaska concealed handgun permit. He
shared the history of the concealed handgun permit. He listed
who could, and could not, carry a concealed handgun.
2:31:32 PM
He summarized the requirements to carry a concealed handgun. He
discussed the required competency class. It tests knowledge of
Alaska laws, self-defense concepts, responsible use, and
physical competence with a handgun. A person must go to the
Department of Public Safety and pay for the license and submit
fingerprints and a digital photo that was taken within 30 days.
He opined that these rigorous requirements to obtain a permit
strike a balance of public safety and lawful citizens exercising
their fundamental rights. He stated that statistics show that
these individuals will be lawful and safe.
2:35:08 PM
SENATOR MCGUIRE asked how the university received the committee
substitute. She submitted that Version Y is well-crafted and
provides more safety assurances.
MR. RODVICK deferred to Mr. Hutchison.
MR. HUTCHISON said he's conferred with the legislative liaison
for the university system and the attorney who drafted the legal
opinion of the first version of the bill. He said President
Gamble would disclose the results of the University Board of
Regent's executive session.
CHAIR COGHILL said he assured President Gamble that he was
taking this legislation seriously.
2:37:33 PM
SENATOR DYSON strongly suggested fleshing out the definition of
"lock box." He asked if the university regulates pocket knives.
MR. HUCHISON agreed to the conversation about a definition of
the lock box.
CHAIR COGHILL expected to find a solution to this bill by Monday
or not at all this year.
SENATOR MCGUIRE asked how legalization of the use of marijuana
interfaces with the federal requirement of attesting to not
being addicted to a controlled substance.
MR. HUTCHISON agreed there is an apparent conflict.
CHAIR COGHILL opened public testimony.
2:41:53 PM
PATRICK GAMBLE, President, University of Alaska, Anchorage,
Alaska, answered questions related to SB 176. He maintained that
most of the discussion, including the recent presentation, has
missed the point of the university's concern. The focus is no
longer on fundamental rights of the individual and now deals
with a compromise. He stressed that the Board has not changed
its position and continues to believe that board policy has been
effective.
He termed the dilemmas "legal and operational" The legal dilemma
is that there are excepted gun carry areas in the state under
state law. The question has to be why those areas were excepted
- why have they been taken out of those fundamental rights. The
answer is risk and safety. The Supreme Court determined that
states could make exceptions and Alaska did. He concluded that
Board policy is based on those exceptions. He further described
the dilemma of trying to map the state law with its concerns,
over onto a university community, which has many of the exact
same conditions that are listed in the state's exceptions, such
as "K - 12 students" and "around a place serving liquor" and "in
a residence without the permission of the chief resident."
He emphasized that the bill creates unintended consequences that
are real world, operational, actions and responsibilities, and
liabilities, that the university is uniquely responsible for.
He discussed the fiscal note which contains a list of
operational provisions that the university would have to put
into place in order to get around the exceptions on campus. He
opined it would be costly, as reflected in the fiscal note. The
number in the fiscal note was taken from the cost of the
University of Idaho's operational plan, a single campus.
2:47:27 PM
PRESIDENT GAMBLE discussed risk and why there are exceptions to
areas where guns can be carried. He stated that the university
does not deal in hypothetical scenarios, but in probabilities
due to being accountable and liable. The university has a risk
assessment system which determines a value for risk. He said the
"state of play" today is that the campus is 24 times safer from
violence in terms of murder and assault with intent to kill or
maim than on city streets in Alaska.
He reported only four gun incidents where there was discipline
involved at the University of Alaska in the last three years. In
terms of risk, the UA campus is one of the safest places to be
right now. Increasing the number of weapons increases the
probability of accidents. He referred to hundreds of letters
from donors, faculty, and students, in opposition to the bill,
who say they are not going to stay in a public school that has
this law in its current, as-written state.
He said in his experience, most accidents in the military were
self-induced and the more weapons, the more incidents. He
concluded that the bill will not make the campus safer and he
has evidence that there is a downside to the bill.
2:52:02 PM
He concluded that the bill is a moving target and that isn't
impressive. With some pushback there was an effort to compromise
rights just to get a bill passed. The Board policy looks good
and they are satisfied with it in its current form. His said his
assessment is that the probability and liability of what is
currently in place are nicely balanced. This bill doesn't
enhance that.
2:54:02 PM
SENATOR WIELECHOWSKI said his perspective is that this is a
constitutional issue. In the future he'd like to hear from legal
scholars on the issue.
CHAIR COGHILL said he agrees. He doesn't believe that citizens
check their rights at the university door. He said he is willing
to work on the safety issues.
PRESIDENT GAMBLE said it has been a good hearing on the bill.
He said he supports the dialog with constitutional scholars.
CHAIR COGHILL concluded that President Gamble has to manage the
campus from a legal and a practical perspective. He said he has
to look at the individuals in Alaska and ask about citizen
rights.
CHAIR COGHILL held SB 176 in committee for further
consideration.
2:58:12 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:58 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 292 Letter from Dept. of Law.PDF |
SJUD 3/19/2014 1:30:00 PM |
HB 292 |
| HB 292 Sectional Analysis.PDF |
SJUD 3/19/2014 1:30:00 PM |
HB 292 |
| HB 292 Fiscal Note - Dept. of Law.pdf |
SJUD 3/19/2014 1:30:00 PM |
HB 292 |
| HB 292 Amendment C.1.pdf |
SJUD 3/19/2014 1:30:00 PM |
HB 292 |
| SB180 Sponsor Statement.pdf |
SJUD 3/19/2014 1:30:00 PM |
SB 180 |
| SB180 Sectional Analysis.pdf |
SJUD 3/19/2014 1:30:00 PM |
SB 180 |
| Written Testimony #4.zip |
SJUD 3/19/2014 1:30:00 PM |
SB 176 |