Legislature(2019 - 2020)BUTROVICH 205

04/02/2019 03:30 PM STATE AFFAIRS

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Audio Topic
03:33:35 PM Start
03:34:14 PM Confirmation Hearing(s)
05:18:09 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SJR 5 CONST. AM.:PERMANENT FUND & DIVIDEND TELECONFERENCED
Scheduled but Not Heard
+ Consideration of Governor's Appointees: TELECONFERENCED
- Alaska Police Standards Council - Stephen
Dutra, Burke Waldron, Rebecca Hamon, Joseph White
- Chief Administrative Law Judge - Kathleen
Frederick
- Alaska Public Offices Commission - Rick Stillie
- Alaska Parole Board - Edie Grunwald
-- Public Testimony <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 2, 2019                                                                                          
                           3:33 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mike Shower, Chair                                                                                                      
Senator John Coghill, Vice Chair                                                                                                
Senator Lora Reinbold                                                                                                           
Senator Peter Micciche                                                                                                          
Senator Scott Kawasaki                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Alaska Police Standards Council                                                                                               
Stephen Dutra - North Pole                                                                                                      
Burke Waldron - Bethel                                                                                                          
Rebecca Hamon - King Salmon                                                                                                     
Joseph White - Ketchikan                                                                                                        
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Chief Administrative Law Judge                                                                                                
Kathleen Frederick - Anchorage                                                                                                  
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Alaska Public Offices Commission                                                                                              
Rick Stillie - Delta Junction                                                                                                   
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Alaska Parole Board                                                                                                           
Edie Grunwald - Palmer                                                                                                          
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
SENATE JOINT RESOLUTION NO. 5                                                                                                   
Proposing amendments to  the Constitution of the  State of Alaska                                                               
relating  to the  Alaska permanent  fund and  the permanent  fund                                                               
dividend.                                                                                                                       
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                              
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOSEPH WHITE, Chief of Police; Appointee                                                                                        
Alaska Police Standards Council                                                                                                 
Department of Public Safety                                                                                                     
Ketchikan, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  as  appointee  to   the  Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
STEVE DUTRA, Chief of Police; Appointee                                                                                         
Alaska Police Standards Council                                                                                                 
Department of Public Safety                                                                                                     
North Pole, Alaska                                                                                                              
POSITION STATEMENT:  Testified as appointee to  the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
BURKE WALDRON, Chief of Police; Appointee                                                                                       
Alaska Police Standards Council                                                                                                 
Department of Public Safety                                                                                                     
Bethel, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as appointee to  the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
REBECCA HAMON, Appointee                                                                                                        
Alaska Police Standards Council                                                                                                 
Department of Public Safety                                                                                                     
King Salmon, Alaska                                                                                                             
POSITION STATEMENT:  Testified as appointee to  the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
KATHLEEN FREDERICK, Appointee                                                                                                   
Chief Administrative Law Judge                                                                                                  
Office of Administrative Hearings                                                                                               
Department of Administration                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  as   appointee  as   the  Chief                                                             
Administrative Law Judge.                                                                                                       
                                                                                                                                
RICK STILLIE, Appointee                                                                                                         
Alaska Public Offices Commission                                                                                                
Department of Administration                                                                                                    
Delta Junction                                                                                                                  
Alaska                                                                                                                          
POSITION STATEMENT:  Testified as appointee to  the Alaska Public                                                             
Offices Commission.                                                                                                             
                                                                                                                                
VICKI JO KENNEDY, representing self                                                                                             
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in  opposition to  the appointment                                                             
of Mr. Stillie Jr. to the Alaska Public Offices Commission.                                                                     
                                                                                                                                
EDITH M. GRUNWALD, Appointee                                                                                                    
State Board of Parole                                                                                                           
Department of Corrections                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified as appointee  to the State Board of                                                             
Parole.                                                                                                                         
                                                                                                                                
ROGER BRANSON, representing self                                                                                                
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in  opposition to  the appointment                                                             
of Edith Grunwald to the State Board of Parole.                                                                                 
                                                                                                                                
CAROLINE PORTER, representing self                                                                                              
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in  support of the  appointment of                                                             
Edith Grunwald to the State Board of Parole.                                                                                    
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:33:35 PM                                                                                                                    
CHAIR  MIKE  SHOWER  called the  Senate  State  Affairs  Standing                                                             
Committee meeting  to order at 3:33  p.m. Present at the  call to                                                               
order  were  Senators  Reinbold, Kawasaki,  Micciche,  and  Chair                                                               
Shower. Senator Coghill arrived as the meeting was in progress.                                                                 
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                        
                    CONFIRMATION HEARING(S)                                                                                 
                    Police Standards Council                                                                                
                 Chief Administrative Law Judge                                                                             
                Alaska Public Offices Commission                                                                            
                     State Board of Parole                                                                                  
                                                                                                                                
3:34:14 PM                                                                                                                    
CHAIR  SHOWER  announced the  only  order  of business  would  be                                                               
governor appointments to boards  and commissions. He asked Joseph                                                               
White to  tell the  committee about his  interest in  serving and                                                               
what he brings to the Police Standards Council.                                                                                 
                                                                                                                                
3:34:54 PM                                                                                                                    
JOSEPH WHITE, Appointee, Police  Standards Council, Department of                                                               
Corrections  and  Chief  of Police,  Ketchikan,  stated  that  he                                                               
started  his law  enforcement career  in Ketchikan  in 1996  as a                                                               
patrol  officer.  He worked  in  most  of  the positions  in  the                                                               
department and  in 2017 he assumed  the role of chief  of police.                                                               
The two  primary functions  of the council  are to  maintain high                                                               
standards for  law enforcement officers  in Alaska  and assisting                                                               
with  training of  those officers.  These  functions go  hand-in-                                                               
hand.  The council  plays  a  strong part  in  finding the  right                                                               
people, ensuring  they are  well trained,  and keeping  people in                                                               
these  positions.  He said  he  brings  almost  23 years  in  law                                                               
enforcement experience to  the council and he's  been involved in                                                               
multiple  disciplinary actions  ranging from  counseling sessions                                                               
to terminations. He believes in  progressive discipline, a strong                                                               
team atmosphere, and fair treatment.  He's been involved in three                                                               
meetings since he was appointed  and has seen that everyone takes                                                               
the time to listen  to all sides of the issue  before coming to a                                                               
fair and consistent outcome. He  offered his belief that the work                                                               
the council does is crucial to law enforcement in Alaska.                                                                       
                                                                                                                                
3:38:13 PM                                                                                                                    
SENATOR  KAWASAKI  thanked him  for  his  service. He  asked  why                                                               
recruitment is such a big issue for law enforcement.                                                                            
                                                                                                                                
CHIEF  WHITE listed  the tiered  retirement system,  compensation                                                               
that  hasn't  kept  up  with   salaries  in  the  Lower  48,  and                                                               
negativity associated with  law enforcement in the  Lower 48 that                                                               
has influenced the profession. In  years past at least 75 percent                                                               
of recruits were local and that's  not the way it is anymore. The                                                               
recruiting  philosophy has  also  changed over  time. Instead  of                                                               
looking for  20-year officers KPD now  is happy to find  a 5-year                                                               
officer. He  said the  world, technology,  and the  workforce has                                                               
changed, and  the police profession  has declined as  a preferred                                                               
profession.                                                                                                                     
                                                                                                                                
SENATOR REINBOLD commented on his  robust resume. She asked if he                                                               
believes that Senate Bill 91 has  had an impact on morale for law                                                               
enforcement.                                                                                                                    
                                                                                                                                
CHIEF WHITE said  he believes it generally has had  an effect and                                                               
it's been  frustrating for  his officers, but  he didn't  know if                                                               
specific people in  his department left because of  that bill. He                                                               
acknowledged that it's  more difficult to provide  a good service                                                               
when  certain  offenders  repeatedly  victimize  members  of  the                                                               
community.                                                                                                                      
                                                                                                                                
SENATOR  REINBOLD highlighted  the large  morale problems  within                                                               
the Anchorage Police Department (APD)  because of Senate Bill 91.                                                               
She  then  asked  what  role he  plays  in  wildlife  management,                                                               
specifically bears in the community.                                                                                            
                                                                                                                                
CHIEF WHITE said his community has  to deal with black bears that                                                               
get into  trash every summer  and it's very time  consuming. They                                                               
have worked  with the Department of  Fish and Game and  a limited                                                               
amount with  the Alaska State  Troopers but  it would be  nice to                                                               
have more  collaboration. He doesn't believe  Ketchikan is unique                                                               
in having this problem; it seems to be nationwide.                                                                              
                                                                                                                                
SENATOR REINBOLD  clarified she was  asking what he  believes his                                                               
role is  in wildlife  management. She asked  if he  will consider                                                               
public  safety first  and help  develop a  plan for  dealing with                                                               
nuisance animals.                                                                                                               
                                                                                                                                
CHIEF WHITE said absolutely; if a  group gets together to try and                                                               
deal with public  safety associated with nuisance  bears, he'd be                                                               
on board with those dialogs.                                                                                                    
                                                                                                                                
3:48:58 PM                                                                                                                    
SENATOR MICCICHE stated support for  Chief White. He asked if the                                                               
current training provided by the  Alaska Police Standards Council                                                               
involves proper hazing and dispatching of nuisance wildlife.                                                                    
                                                                                                                                
CHIEF WHITE said  he didn't believe that is part  of the standard                                                               
academy  training  but  new  KPD  officers  do  receive  in-house                                                               
training to  deal with  nuisance bears.  Officers are  trained to                                                               
use  shotguns loaded  with beanbags  and trapping  techniques but                                                               
bears will  be dispatched if  they become a public  safety issue,                                                               
he said.                                                                                                                        
                                                                                                                                
SENATOR MICCICHE  asked if his  participation on the  council has                                                               
been active  and supportive of  the mission  and why he  wants to                                                               
continue.                                                                                                                       
                                                                                                                                
CHIEF WHITE said  he's proud to be on the  council that does work                                                               
that  is necessary  to maintaining  high standards  and providing                                                               
guidance for all law enforcement officers in the state.                                                                         
                                                                                                                                
CHAIR   SHOWER  asked   what  the   requirements  are   for  APSC                                                               
certification  for an  officer  or trooper  to  have full  arrest                                                               
powers.                                                                                                                         
                                                                                                                                
3:54:05 PM                                                                                                                    
CHIEF WHITE replied  the individual must be 21 years  old, have a                                                               
high school diploma or equivalent,  and no background of domestic                                                               
violence.  There  are  also drug  test  qualifications  and  some                                                               
crimes may preclude entry.                                                                                                      
                                                                                                                                
CHAIR  SHOWER asked  how  the lack  of  APSC certification  would                                                               
impact  the ability  to access  certain sensitive  information in                                                               
APSIN [Alaska Public Safety Information Network], for example.                                                                  
                                                                                                                                
CHIEF WHITE said it would make it difficult.                                                                                    
                                                                                                                                
CHAIR SHOWER asked who signs  the APSC certificates and does that                                                               
person need to be certified.                                                                                                    
                                                                                                                                
CHIEF  WHITE said  he  believes the  council  director signs  the                                                               
certificates.                                                                                                                   
                                                                                                                                
CHAIR  SHOWER asked  what  internal policies  exist  to keep  the                                                               
council focused and doing things the right way.                                                                                 
                                                                                                                                
CHIEF WHITE  said the  meetings are  open to  the public  and the                                                               
director does a great job  of keeping things confidential when it                                                               
should be and  disseminating information to the  public when it's                                                               
appropriate.                                                                                                                    
                                                                                                                                
3:56:29 PM                                                                                                                    
CHAIR SHOWER  closed public testimony  after determining  that no                                                               
one wished  to comment on the  appointment of Chief White  to the                                                               
Police Standards Council.                                                                                                       
                                                                                                                                
CHAIR SHOWER asked Stephen Dutra  to tell the committee about his                                                               
interest in  serving and what  he brings to the  Police Standards                                                               
Council.                                                                                                                        
                                                                                                                                
3:57:28 PM                                                                                                                    
STEVE   DUTRA,  Appointee,   Alaska  Police   Standards  Council,                                                               
Department  of Public  Safety and  Chief of  Police, North  Pole,                                                               
said he has a  lot to offer to the council. He  has over 23 years                                                               
of experience  in law enforcement,  he's worked in  rural Alaska,                                                               
has  served on  the Alaska  Association of  Chiefs of  Police for                                                               
some time,  and he's been the  council since May. He  started his                                                               
career as a  line officer and has worked up  through the ranks to                                                               
the  chief of  police. He  has  a bachelor's  degree in  criminal                                                               
justice   and  communication   and  he   holds  an   instructor's                                                               
certificate in  ethics. He has a  firm grasp on what  it takes to                                                               
be a police  officer and the standards that are  required. He has                                                               
a level  head and  will be  able to analyze  the cases  that come                                                               
before  the council.  He's been  involved  in legislative  issues                                                               
that affect  the city and  believes he'll be  a good fit  for the                                                               
council.                                                                                                                        
                                                                                                                                
SENATOR  REINBOLD emphasized  the  importance  of public  safety,                                                               
including wildlife  management. She  asked if  he's been  part of                                                               
the  effort to  put victims  first and  to shine  a light  on the                                                               
concerns associated with the 2016 criminal justice reform.                                                                      
                                                                                                                                
CHIEF DUTRA confirmed that he actively opposed Senate Bill 91.                                                                  
                                                                                                                                
SENATOR REINBOLD thanked him and  expressed hope that he wouldn't                                                               
give up the fight.                                                                                                              
                                                                                                                                
CHAIR   SHOWER  asked   what  the   requirements  are   for  APSC                                                               
certification that a  police officer or state  trooper would need                                                               
for arrest powers.                                                                                                              
                                                                                                                                
CHIEF DUTRA  listed a U.S. citizen,  21 years of age,  and a high                                                               
school diploma  or GED. A  person has arrest authority  once they                                                               
meet the basic requirements and are sworn in.                                                                                   
                                                                                                                                
CHAIR  SHOWER asked  how it  would impact  a person's  ability to                                                               
access   sensitive   information    like   APSIN   without   APSC                                                               
certification.                                                                                                                  
                                                                                                                                
CHIEF DUTRA answered it would be very difficult.                                                                                
                                                                                                                                
CHAIR  SHOWER  asked how  the  council  holds  itself to  a  high                                                               
standard internally and  how he would ensure  those standards are                                                               
upheld.                                                                                                                         
                                                                                                                                
CHIEF  DUTRA   replied  the  individuals  on   the  council  have                                                               
impeccable credentials and  he can't imagine that  any one person                                                               
could  influence the  group. His  experience so  far is  that the                                                               
conversations and  debate about  what is  ethical and  moral have                                                               
been stimulating.                                                                                                               
                                                                                                                                
CHAIR  SHOWER asked  who signs  the APSC  certificate authorizing                                                               
arrest powers and does that person need to be certified.                                                                        
                                                                                                                                
CHIEF DUTRA  said the director  signs the certificate  and he/she                                                               
does not need to be certified.                                                                                                  
                                                                                                                                
4:02:52 PM                                                                                                                    
CHAIR SHOWER  closed public testimony  after determining  that no                                                               
one wished  to comment on the  appointment of Chief Dutra  to the                                                               
Police Standards Council.                                                                                                       
                                                                                                                                
4:03:29 PM                                                                                                                    
CHAIR  SHOWER  asked Burke  Waldron  to  tell the  committee  his                                                               
interest  in serving  and what  he  brings to  the Alaska  Police                                                               
Standards Council.                                                                                                              
                                                                                                                                
4:03:42 PM                                                                                                                    
BURKE WALDRON,  Appointee, Alaska  Police Standards  Council, and                                                               
Chief  of  Police,  Bethel,  stated   that  he  started  his  law                                                               
enforcement  career  in  1990  as  a state  trooper  and  then  a                                                               
wildlife trooper.  He worked  up through the  ranks with  DPS and                                                               
retired in  2015 as  a detachment commander.  He returned  to law                                                               
enforcement  in 2016  to become  the chief  of police  in Bethel.                                                               
Over  the course  of his  career he  has held  field and  command                                                               
staff positions. He brings a  broad spectrum of experience to the                                                               
council.  He  supports the  council's  efforts  to maintain  high                                                               
ethical and moral standards and  training for officers. He echoed                                                               
the sentiments of the two previous speakers.                                                                                    
                                                                                                                                
SENATOR REINBOLD  asked if  he will commit  to work  on education                                                               
and  standards  for wildlife  management  and  control to  reduce                                                               
dangerous encounters.                                                                                                           
                                                                                                                                
CHIEF  WALDRON  said   he  has  lots  of   experience  with  this                                                               
complicated  issue.  Three  different agencies  potentially  have                                                               
significant responsibility  for public  safety and  management of                                                               
wildlife and  these agencies must  interact with one  another. He                                                               
related his experience that the agencies  have done a good job of                                                               
focusing primarily on public safety.                                                                                            
                                                                                                                                
SENATOR  REINBOLD  asked   if  he  will  work   with  the  Alaska                                                               
Department of  Fish and Game  (ADF&G) to establish  standards for                                                               
quick  response to  wildlife  that  are posing  a  danger to  the                                                               
public within the city limits.                                                                                                  
                                                                                                                                
CHIEF WALDRON answered yes.                                                                                                     
                                                                                                                                
4:08:40 PM                                                                                                                    
CHAIR SHOWER  asked if financial  credit is a factor  in somebody                                                               
receiving APSC certification.                                                                                                   
                                                                                                                                
CHIEF  WALDRON  said  he  didn't believe  so  but  most  agencies                                                               
consider   an  applicants'   credit  history   in  their   hiring                                                               
decisions.                                                                                                                      
                                                                                                                                
CHAIR  SHOWER  asked   if  there  was  more   to  receiving  APSC                                                               
certification than just meeting the minimum qualifications.                                                                     
                                                                                                                                
CHIEF WALDRON replied the minimum  qualifications are outlined in                                                               
13 AAC  [Title 13 Alaska  Administrative Code] but  many agencies                                                               
have higher standards.                                                                                                          
                                                                                                                                
4:10:29 PM                                                                                                                    
CHAIR SHOWER closed public testimony  on the appointment of Chief                                                               
Waldron to  the Alaska Police Standards  Council after discerning                                                               
that nobody wished to comment.                                                                                                  
                                                                                                                                
CHAIR SHOWER asked Rebecca Hamon  to tell the committee about her                                                               
interest in serving on the Police Standards Council.                                                                            
                                                                                                                                
4:11:05 PM                                                                                                                    
SENATOR COGHILL joined the committee.                                                                                           
                                                                                                                                
4:11:12 PM                                                                                                                    
REBECCA  HAMON,  Appointee,   Alaska  Police  Standards  Council,                                                               
Department  of  Public  Safety, King  Salmon,  related  that,  if                                                               
approved, this will  be her third term on  the council. Initially                                                               
she  was   asked  to  serve   to  provide  the   victim  advocate                                                               
perspective  because  of  her  work  as  a  victim  advocate  for                                                               
domestic violence and sexual assault,  both as a team member with                                                               
law enforcement and  other agencies and one-on-one.  She said the                                                               
last eight  years have  been informative and  helped her  see law                                                               
enforcement  from a  different perspective.  Conversely, she  has                                                               
been  working in  the  villages  in the  Naknek  Court region  to                                                               
restore trust in law enforcement. She  feels she is a good fit on                                                               
the council.                                                                                                                    
                                                                                                                                
SENATOR  REINBOLD reviewed  Ms. Hamon's  resume, highlighted  her                                                               
focus  on  victims,  and  emphasized  that  many  people  in  the                                                               
legislature  stand  ready  to  help   if  she  identifies  needed                                                               
resources  and  red flags.  She  asked  Ms.  Hamon if  there  was                                                               
anything she'd like to highlight today.                                                                                         
                                                                                                                                
4:16:07 PM                                                                                                                    
CHAIR SHOWER noted that the connection was lost.                                                                                
                                                                                                                                
He  asked Kathleen  Frederick  to tell  the  committee about  her                                                               
interest in the position of chief administrative law judge.                                                                     
                                                                                                                                
4:16:55 PM                                                                                                                    
KATHLEEN  FREDERICK, Appointee,  Chief Administrative  Law Judge,                                                               
Office   of   Administrative   Hearings  (OAH),   Department   of                                                               
Administration,  Palmer, related  that if  approved this  will be                                                               
her second  term in this  capacity. Her experience  includes over                                                               
30  years as  an attorney,  primarily doing  civil law  including                                                               
administrative  law. Her  Martindale-Hubbell  attorney rating  is                                                               
AV, which is  the highest possible for lawyers. The  work she did                                                               
managing a  small law  firm is  directly related  to her  work as                                                               
chief  administrative  law  judge  because  OAH  primarily  funds                                                               
itself on its billings.                                                                                                         
                                                                                                                                
MS. FREDERICK  said she  was first appointed  to the  position of                                                               
chief  administrative law  judge  in 2014.  The  duties for  this                                                               
position, which are outlined in  AS 44.64.020, principally are to                                                               
supervise  the  Office of  Administrative  Hearings.  This is  an                                                               
independent agency domiciled in  the Department of Administration                                                               
that  provides  adjudication  and   mediation  services  for  the                                                               
Executive   Branch   as   well   as   state   related   entities,                                                               
municipalities, and school districts.                                                                                           
                                                                                                                                
She  described herself  as  goal oriented  and  focused on  cost-                                                               
savings  and efficiencies.  During  her first  term  some of  the                                                               
accomplishments include selecting and  installing a new paperless                                                               
case  management  system,  eliminating   the  case  backlog,  and                                                               
avoiding overdue  cases for the  first time since 2005.  Over the                                                               
last few  years OAH has  also implemented a  fast-track mediation                                                               
program  for   Medicaid  services   cases  that  resulted   in  a                                                               
substantial  savings to  the state  in both  hearing and  program                                                               
costs.  The  program   won  a  Denali  award   for  cost  savings                                                               
initiatives in  2016. Eighty-three  percent of  Medicaid services                                                               
cases  sent to  that  program  resolve in  a  one hour  mediation                                                               
conducted by  a contract mediator for  a fraction of the  cost of                                                               
what they  would cost  if they  went to  a hearing  and decision.                                                               
Importantly, it has  reduced the average time  from case referral                                                               
to  closure from  67.5 days  to 36.2  days. She  highlighted that                                                               
Medicaid  services cases  comprise about  40 percent  of the  OAH                                                               
docket.                                                                                                                         
                                                                                                                                
MS.   FREDERICK  reported   that   OAH   also  started   offering                                                               
adjudication/mediation services to  municipalities, state related                                                               
entities, and  school districts which  it is authorized to  do by                                                               
statute. These entities  pay the normal OAH hourly  rate but they                                                               
have benefited  from reduced  costs and  economies of  scale. She                                                               
said the  foregoing were accomplishments  in her first  term. She                                                               
feels  she  is  a  good  fit for  the  position  because  of  her                                                               
administration, civil litigation background  and private law firm                                                               
management  experience, which  directly translates  to this  job.                                                               
She has  had five years' experience  with the job so  she's up to                                                               
speed and can "hit the deck  running." She feels honored to serve                                                               
in this position and hopes to continue                                                                                          
                                                                                                                                
4:23:52 PM                                                                                                                    
SENATOR  REINBOLD   thanked  her   for  serving.   She  expressed                                                               
appreciation  for  the  efficiencies   Ms.  Frederick  found  and                                                               
implemented and wished her well.                                                                                                
                                                                                                                                
CHAIR SHOWER asked  her to discuss the procedure  for citizens to                                                               
get relief  if they  feel their  appeal has  been delayed  for an                                                               
unreasonable length of time.                                                                                                    
                                                                                                                                
MS.  FREDERICK explained  that when  a decision  is appealed  the                                                               
agency is  supposed to refer  those cases  to OAH within  a week.                                                               
Those cases  are assigned to a  judge and put on  a schedule that                                                               
ranges from  20 days to 120  days depending on the  type of case.                                                               
In  some circumstances  and at  the request  of the  parties, the                                                               
case is delayed but the overall  goal is to meet those deadlines.                                                               
She noted the possibility of extensions to the deadline.                                                                        
                                                                                                                                
CHAIR   SHOWER   asked  what   agencies   do   not  allow   their                                                               
administrative appeals to be handled by OAH.                                                                                    
                                                                                                                                
MS.  FREDERICK  said  the  Department   of  Education  and  Early                                                               
Development (DEED) currently refers  special education cases to a                                                               
pool of four hearing officers, just  two of which are at OAH. She                                                               
acknowledged that there may be others.                                                                                          
                                                                                                                                
CHAIR SHOWER  asked what the typical  cost is for an  agency that                                                               
uses OAH.                                                                                                                       
                                                                                                                                
MS.  FREDERICK said  it varies  widely, but  mediation is  fairly                                                               
reasonable. If  the case  goes to decision,  the average  cost is                                                               
about $1,300  a case. The  most expensive  case she's seen  had a                                                               
cost of about $17,000.                                                                                                          
                                                                                                                                
4:28:08 PM                                                                                                                    
CHAIR  SHOWER  found   nobody  who  wished  to   comment  on  the                                                               
reappointment  of Kathleen  Frederick  to the  position of  chief                                                               
administrative law judge and he closed public testimony.                                                                        
                                                                                                                                
4:28:27 PM                                                                                                                    
CHAIR SHOWER  thanked Ms. Frederickson and  returned attention to                                                               
Rebecca Hamon.                                                                                                                  
                                                                                                                                
4:28:47 PM                                                                                                                    
SENATOR REINBOLD  asked if she would  like to shine a  light on a                                                               
particular issue in rural Alaska.                                                                                               
                                                                                                                                
MS. HAMON said she'd like to  highlight two things. First is that                                                               
some  of  the  most  remote  villages  have  no  police  presence                                                               
whatsoever. They also  have some of the worst weather  and it can                                                               
take up  to four days  to get law  enforcement to the  village to                                                               
respond to a crime. She said  it's not uncommon for the victim to                                                               
be ostracized by the community for  speaking up. She said she has                                                               
worked with some very capable  village police officers (VPOs) and                                                               
village public safety officers (VPSOs)  and she would like to see                                                               
more young people moving into  those roles in their villages. She                                                               
noted  that it  is  disheartening to  hear  about those  programs                                                               
being cut. She said  she'd also like to shine a  light on the way                                                               
cases  are handled.  She  said she's  worked  hours supporting  a                                                               
victim and  trying to get justice  only to have the  cases either                                                               
dismissed or the  charges reduced and the perpetrator  is back in                                                               
the village  very quickly. A  lot of  time is also  spent dealing                                                               
with the  fallout in the  family because of reporting  or working                                                               
to  keep  the victim  safe.  She  commented on  the  difficulties                                                               
associated with the lack of resources in villages.                                                                              
                                                                                                                                
SENATOR  REINBOLD  thanked  her  for the  very  good  answer  and                                                               
suggested she put it in writing and send it to the committee.                                                                   
                                                                                                                                
4:33:17 PM                                                                                                                    
CHAIR  SHOWER  found  no  one   who  wished  to  comment  on  the                                                               
appointment  of  Rebecca Hamon  to  the  Alaska Police  Standards                                                               
Council and he closed public testimony.                                                                                         
                                                                                                                                
He asked  Richard Stillie,  Jr. to tell  the committee  about his                                                               
interest in serving on the Alaska Public Offices Commission.                                                                    
                                                                                                                                
4:33:57 PM                                                                                                                    
RICK STILLIE,  JR., Appointee,  Alaska Public  Offices Commission                                                               
(APOC),   Delta  Junction,   described  APOC   as  an   important                                                               
commission  and said  he  believes in  its  mission to  encourage                                                               
public  confidence in  elected officials.  Having confidence  and                                                               
transparency in  government is  paramount to  a free  society, he                                                               
said.   Transparency  starts   with  campaigns,   elections,  and                                                               
appointments. He said  he believes he has a lot  to contribute to                                                               
APOC whose cause he believes in.                                                                                                
                                                                                                                                
MR. STILLIE described  the contract work he's done  since 2004 on                                                               
a  federal  installation.  He   works  with  Federal  Acquisition                                                               
Regulations  (FAR) and  Defense  Federal Acquisition  Regulations                                                               
(DFAR) on  a daily  basis to ensure  his areas  of responsibility                                                               
are in compliance with those regulations.                                                                                       
                                                                                                                                
He disclosed  that he became  an active member of  the Republican                                                               
Party starting in  2008-2009. He has held a  variety of positions                                                               
in the  party, but he resigned  when he was appointed  as an APOC                                                               
commissioner. He noted  that one of the positions he  held was to                                                               
track rules  and complaints  or interpretations  in a  fair even-                                                               
handed manner, which  is similar to the expectations  of APOC. He                                                               
said it's  also important to  note that  he is familiar  with the                                                               
APOC process  and he understands  the challenges  associated with                                                               
reporting  financial  disclosures. He  opined  that  it helps  to                                                               
understand what the challenges filers  may face, particularly the                                                               
first time. He doesn't want the  fear of filing to be a detriment                                                               
to  seeking office.  He  said  he has  participated  in one  APOC                                                               
meeting and was  impressed with the current staff.  He is honored                                                               
to have this opportunity to serve.                                                                                              
                                                                                                                                
4:40:39 PM                                                                                                                    
SENATOR  KAWASAKI   read  AS   15.13.02(b)  that   describes  the                                                               
composition of APOC.                                                                                                            
                                                                                                                                
     (b) The governor  shall appoint two members  of each of                                                                    
     the two political parties  whose candidate for governor                                                                    
     received  the  highest  number of  votes  in  the  most                                                                    
     recent preceding  general election at which  a governor                                                                    
     was elected. The two appointees  from each of these two                                                                    
     parties shall  be chosen from  a list of four  names to                                                                    
     be submitted by the central committee of each party.                                                                       
                                                                                                                                
He asked  Mr. Stillie  if he was  one of the  four names  the two                                                               
central committees submitted to the governor for consideration.                                                                 
                                                                                                                                
MR. STILLIE, JR. responded, "Yes sir, as far as I'm aware."                                                                     
                                                                                                                                
SENATOR KAWASAKI more specifically stated the same question.                                                                    
                                                                                                                                
MR.  STILLIE, JR  said  he wasn't  part of  the  process; he  was                                                               
informed that his name was on  the list that was submitted to the                                                               
Governor.                                                                                                                       
                                                                                                                                
SENATOR  KAWASAKI expressed  appreciation that  he recounted  his                                                               
history with the party. He then  asked if he said he'd adhered to                                                               
Sec. 15.13.020(e)(1)-(5)  that lists the  things a member  of the                                                               
commission may not do during their tenure.                                                                                      
                                                                                                                                
MR. STILLIE,  JR. answered yes.  He added that he  understands he                                                               
may no longer be part of  any campaign, an officer of a political                                                               
party,  make any  contributions  for or  against  a candidate  or                                                               
anything that  appears on a  ballot. He  shared that his  wife is                                                               
delighted.                                                                                                                      
                                                                                                                                
SENATOR  KAWASAKI asked  if the  record  is correct  that he  was                                                               
appointed January 16, 2019.                                                                                                     
                                                                                                                                
MR. STILLIE, JR. said he didn't  know the exact date but that was                                                               
the timeframe.                                                                                                                  
                                                                                                                                
SENATOR KAWASAKI  asked his  reasoning for  having filed  a group                                                               
registration on behalf  of the District 9  Republican Party three                                                               
days  after   January  16,  2019   when  he  was  aware   of  the                                                               
prohibitions for members of APOC.                                                                                               
                                                                                                                                
MR.  STILLIE,  JR.  explained  that  once he  knew  he  would  be                                                               
appointed he  contacted APOC for guidance  on how to back  out of                                                               
his involvement  with the APOC as  an entity that is  required to                                                               
report to  the commission.  At that time  the District  9 members                                                               
passed their reporting responsibilities  to the state party. That                                                               
was the end of any reporting or party actions from District 9.                                                                  
                                                                                                                                
SENATOR  REINBOLD thanked  him  for being  willing  to serve  and                                                               
encouraged him  to investigate any  red flags. She also  asked if                                                               
he would look into initiating an anonymous reporting system.                                                                    
                                                                                                                                
MR. STILLIE,  JR. said he'd be  glad to look at  that. He offered                                                               
his personal experience  that the APOC staff  makes every attempt                                                               
to answer  questions and  address concerns  about the  process to                                                               
file a  complaint. Noting that  statutory changes are  not within                                                               
APOC's scope, he offered his  belief that the commissioners would                                                               
be willing to work with the legislature on those issues.                                                                        
                                                                                                                                
4:47:18 PM                                                                                                                    
SENATOR  REINBOLD highlighted  her personal  experience with  the                                                               
time-consuming and  difficult process to file  an APOC complaint.                                                               
She said  she doesn't  support mandatory  reporting of  red flags                                                               
but she does support establishing  a path for anonymous reporting                                                               
or a process for bringing issues forward for investigation.                                                                     
                                                                                                                                
CHAIR SHOWER  asked if he was  aware of any issues  with APOC and                                                               
if he had any ideas for improvements.                                                                                           
                                                                                                                                
MR. STILLIE,  JR. responded that  he believes the  statutes could                                                               
be updated  to reflect current  operations, but he would  rely on                                                               
staff and legal counsel for guidance.                                                                                           
                                                                                                                                
CHAIR SHOWER asked that he  continue to look for efficiencies and                                                               
accountability.                                                                                                                 
                                                                                                                                
4:51:11 PM                                                                                                                    
SENATOR  REINBOLD highlighted  that  she's seeing  people in  the                                                               
capitol who are  lobbying more than 10 hours and  don't appear to                                                               
be registered.  She described it  as alarming and  something APOC                                                               
should be aware of.                                                                                                             
                                                                                                                                
SENATOR  KAWASAKI  summarized some  of  the  duties of  APOC  and                                                               
emphasized  the importance  of having  commissioners who  respect                                                               
and  will   dispatch  the  laws  regardless   of  their  personal                                                               
feelings.  He asked  Mr.  Stillie if  he  believes the  following                                                               
postings  on  his  Facebook  account  are  true  and  factual:  A                                                               
February  5  posting states  that,  "Islam  has never  propagated                                                               
peace  and love."  and a  posting a  couple of  days later  says,                                                               
"While there may be peaceful  Muslims, their religion is based on                                                               
hate."                                                                                                                          
                                                                                                                                
4:53:15 PM                                                                                                                    
MR. STILLIE,  JR. acknowledged that  he has personal  beliefs and                                                               
questioned the relevance  of the question since he  has the right                                                               
to  free  speech. He  stressed  that  very  few of  his  Facebook                                                               
postings are  political and he  has stopped that type  of posting                                                               
since he was appointed.                                                                                                         
                                                                                                                                
He stated  his belief  that there  are many  peace-loving Muslims                                                               
but  that there  is a  global movement  to implement  Sharia law,                                                               
"which really is not  what any of us stand for in  a lot of their                                                               
viewpoints with the way that they  treat women and such." He said                                                               
he wasn't  afraid to  say that  for the record  but he  wanted to                                                               
clarify that  he will not  make any  APOC decisions based  on his                                                               
personal opinions, beliefs, or disagreements with anyone.                                                                       
                                                                                                                                
CHAIR SHOWER  said it's important  to know how to  separate one's                                                               
personal opinions from following the laws as written.                                                                           
                                                                                                                                
4:56:41 PM                                                                                                                    
CHAIR SHOWER  opened public testimony  on the appointment  of Mr.                                                               
Stillie to the Alaska Public Offices Commission (APOC).                                                                         
                                                                                                                                
4:57:07 PM                                                                                                                    
VICKI JO  KENNEDY, representing  self, Kodiak,  stated opposition                                                               
to the  appointment of Mr.  Stillie to the Alaska  Public Offices                                                               
Commission. She  shared that her  impression has been  that there                                                               
are problems  with this  appointment and what  she just  heard is                                                               
confirmation. She  offered her  personal opinion  that he  is not                                                               
trustworthy.                                                                                                                    
                                                                                                                                
4:58:25 PM                                                                                                                    
CHAIR SHOWER closed public testimony on Mr. Stillie.                                                                            
                                                                                                                                
He asked Edith Grunwald to  tell the committee about her interest                                                               
in serving on the State Board of Parole.                                                                                        
                                                                                                                                
4:59:07 PM                                                                                                                    
EDITH M.  GRUNWALD, Appointee, State Board  of Parole, Department                                                               
of  Corrections, Anchorage,  stated that  she believes  she is  a                                                               
good candidate for  this board because she is a  good team member                                                               
and has  leadership skills. She  spent 31 years in  the military,                                                               
most of  which was as an  officer in the Air  National Guard. Her                                                               
appointment  started March  1 and  she  has been  looking at  the                                                               
statutes and codes and attending  meetings since she was asked to                                                               
serve.  She  noted that  she  became  familiar with  the  justice                                                               
system a  little more  than two  years ago  because of  her son's                                                               
case.  After  doing  some  research   on  the  parole  board  she                                                               
determined it  would be  a good  fit with  her skillset.  She has                                                               
effective interviewing  skills and has conducted  hearings during                                                               
her career. She  has masters' degrees in  national strategies and                                                               
business  administration.  She  understands   the  need  for  the                                                               
trades,  the  need  for  inmates  to have  a  skillset,  and  the                                                               
importance of the parole board  networking with other agencies to                                                               
help and  provide services  to inmates prior  to and  after their                                                               
release so they have a better chance for successful reentry.                                                                    
                                                                                                                                
5:02:56 PM                                                                                                                    
SENATOR REINBOLD thanked  her for being willing to  serve and for                                                               
her advocacy for victims and defendants.                                                                                        
                                                                                                                                
SENATOR COGHILL  thanked her for  her service to the  country and                                                               
state. He asked how she has  prepared herself for this role given                                                               
her entry  into the criminal justice  system as a result  of what                                                               
happened to her son.                                                                                                            
                                                                                                                                
MS.  GRUNWALD said  it  can  be challenging  at  times but  she's                                                               
objective  and has  the capacity  and resiliency  to work  toward                                                               
finding  some  good  and  some balance  between  the  victim  and                                                               
offender struggle that's going on nationally.                                                                                   
                                                                                                                                
SENATOR  COGHILL  expressed support  and  thanked  her for  being                                                               
willing to serve.                                                                                                               
                                                                                                                                
SENATOR KAWASAKI thanked her for  being willing to serve. He read                                                               
the selection criteria for board  members under Sec. 33.16.030(a)                                                               
and asked if she's able to do this.                                                                                             
                                                                                                                                
     (a)  The governor  shall appoint  board members  on the                                                                    
     basis of  their qualifications  to make  decisions that                                                                    
     are compatible  with the welfare  of the  community and                                                                    
     of  individual offenders.  The  governor shall  appoint                                                                    
     members  who are  able to  consider  the character  and                                                                    
     background  of offenders  and  the circumstances  under                                                                    
     which offenses were committed.                                                                                             
                                                                                                                                
MS.  GRUNWALD answered  yes; that  will  probably be  one of  the                                                               
easier  parts  of the  job  for  her.  She is  understanding  yet                                                               
objective and  has learned a  lot from the professionals  who are                                                               
already serving on the board.                                                                                                   
                                                                                                                                
SENATOR KAWASAKI read  paragraphs (6) and (7)  of Sec. 33.16.060.                                                               
and asked if  she'd thought about any  recommendations to enhance                                                               
the parole board's efficiency and efficacy.                                                                                     
                                                                                                                                
     (6)  recommend  to  the governor  and  the  legislature                                                                    
     changes in the law administered by the board;                                                                              
     (7)  recommend  to  the governor  or  the  commissioner                                                                    
     changes  in  the practices  of  the  department and  of                                                                    
     other departments of the  executive branch necessary to                                                                    
     facilitate the purposes and practices of parole;                                                                           
                                                                                                                                
MS. GRUNWALD answered  no, but what she's learned so  far is that                                                               
Alaska  has  a  fairly  efficient  practice.  What  she  will  be                                                               
watching are the parole practices  established by Senate Bill 91.                                                               
Prior to  the criminal  justice reform the  board had  to justify                                                               
why they would release an  individual and the current practice is                                                               
to  justify why  they are  keeping  the individual  in jail.  She                                                               
characterized that as "backwards."                                                                                              
                                                                                                                                
SENATOR  KAWASAKI   mentioned  pending  legislation   that  would                                                               
elevate the  role of  the parole board  and expressed  hope about                                                               
improving the processes.                                                                                                        
                                                                                                                                
5:11:36 PM                                                                                                                    
SENATOR MICCICHE  expressed appreciation  for her service  to the                                                               
country and  thanked her for  committing five years to  the State                                                               
Board of Parole. He said he's  followed what she's been doing the                                                               
last couple of  years and even though she's a  parent in mourning                                                               
he's found her responses to be centered and reasonable.                                                                         
                                                                                                                                
CHAIR SHOWER  expressed support and  appreciation as  a long-time                                                               
acquaintance.                                                                                                                   
                                                                                                                                
5:12:43 PM                                                                                                                    
CHAIR SHOWER opened public testimony  on the appointment of Edith                                                               
Grunwald to the State Board of Parole.                                                                                          
                                                                                                                                
5:12:54 PM                                                                                                                    
ROGER  BRANSON, representing  self, Wasilla,  stated that  people                                                               
who are unable to see injustice  in small things should expect to                                                               
be blind to the injustice in  large things. He told the committee                                                               
that six  Alaskans lost their  lives the day that  David Grunwald                                                               
was murdered.  He said he would  argue that Mr. Grunwald  was the                                                               
most fortunate, but only those  who worship a loving and merciful                                                               
God  could grasp  that as  reality. He  talked about  the current                                                               
culture  and  the state  letting  these  young  men down  by  not                                                               
providing them with age-appropriate activities.                                                                                 
                                                                                                                                
He asked  the committee to allow  Ms. Grunwald the space  to heal                                                               
by  not confirming  her  to  a position  on  the  State Board  of                                                               
Parole.                                                                                                                         
                                                                                                                                
5:15:14 PM                                                                                                                    
CAROLINE PORTER,  representing self, Palmer, said  she is calling                                                               
in  support of  the appointment  of Edith  Grunwald to  the State                                                               
Board  of  Parole.  She  knows  Ms.  Grunwald  to  be  honorable,                                                               
respectful, and  fair. She  will approach  the position  with the                                                               
fairness  that is  expected and  if she  interjects her  personal                                                               
experience  it  will be  to  make  a  positive impact.  "I  can't                                                               
imagine you not confirming her to this position."                                                                               
                                                                                                                                
5:16:43 PM                                                                                                                    
CHAIR SHOWER closed public testimony.                                                                                           
                                                                                                                                
5:16:58 PM                                                                                                                    
CHAIR SHOWER  stated that  in accordance  with AS  39.05.080, the                                                               
Senate State  Affairs Standing  Committee reviewed  the following                                                               
and recommends the  appointments be forwarded to  a joint session                                                               
for consideration:                                                                                                              
                                                                                                                                
Alaska Police Standards Council                                                                                               
Stephen Dutra - North Pole                                                                                                      
Burke Waldron - Bethel                                                                                                          
Rebecca Hamon - King Salmon                                                                                                     
Joseph White - Ketchikan                                                                                                        
                                                                                                                                
Chief Administrative Law Judge                                                                                                
Kathleen Frederick - Anchorage                                                                                                  
                                                                                                                                
Alaska Public Offices Commission                                                                                              
Rick Stillie - Delta Junction                                                                                                   
                                                                                                                                
Alaska Parole Board                                                                                                           
Edie Grunwald - Palmer                                                                                                          
                                                                                                                                
Signing  the   reports  regarding  appointments  to   boards  and                                                               
commissions in  no way reflects  individual members'  approval or                                                               
disapproval  of  the  appointees;   the  nominations  are  merely                                                               
forwarded to the full legislature for confirmation or rejection.                                                                
                                                                                                                                
5:18:09 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Shower adjourned the Senate State Affairs Standing                                                                        
Committee meeting at 5:18 p.m.                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SSTA OFFICIAL AGENDA MEMO.pdf SSTA 4/2/2019 3:30:00 PM
agenda
STA Police Standards Council - Dutra Resume.pdf SSTA 4/2/2019 3:30:00 PM
Stephen Dutra - resume
STA Police Standards Council - Waldron Resume.pdf SSTA 4/2/2019 3:30:00 PM
Burke Waldron - resume
STA Police Standards Council - White Resume.pdf SSTA 4/2/2019 3:30:00 PM
joseph white - resume
STA Police Standards Council - Hamon Resume.pdf SSTA 4/2/2019 3:30:00 PM
Rebecca hamon resume
STA Chief Admin Law Judge - Frederick Resume.pdf SSTA 4/2/2019 3:30:00 PM
kathleen frederick resume
STA Public Offices Commission - Stillie Resume.pdf SSTA 4/2/2019 3:30:00 PM
rick stillie resume
STA Parole Board - Grunwald Resume.pdf SSTA 4/2/2019 3:30:00 PM
Edie grunwald resume
SJR 5 Transmittal Letter.pdf SSTA 4/2/2019 3:30:00 PM
SSTA 4/4/2019 1:30:00 PM
SJR 5
SJR 5 version A.pdf SSTA 4/2/2019 3:30:00 PM
SSTA 4/4/2019 1:30:00 PM
SJR 5
SJR 5 Sectional Analysis.pdf SSTA 4/2/2019 3:30:00 PM
SSTA 4/4/2019 1:30:00 PM
SJR 5
SJR 5 Fiscal Note GOV-DOE.pdf SJUD 4/8/2019 1:30:00 PM
SSTA 4/2/2019 3:30:00 PM
SSTA 4/4/2019 1:30:00 PM
SJR 5
Rick Stillie - final APOC report 01-19-19.pdf SSTA 4/2/2019 3:30:00 PM
rick stillie final apoc report 01-19-19
Stillie Oath of Office.pdf SSTA 4/2/2019 3:30:00 PM
rick stillie oath of office