Legislature(2013 - 2014)BARNES 124
03/11/2014 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HCR24 | |
| Presentation: Indian Law & Order Commission Report | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HCR 24 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 11, 2014
8:05 a.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Co-Chair
Representative Benjamin Nageak, Co-Chair
Representative Neal Foster
Representative Bob Herron
Representative Lora Reinbold
Representative Sam Kito III
MEMBERS ABSENT
Representative Kurt Olson
COMMITTEE CALENDAR
HOUSE CONCURRENT RESOLUTION NO. 24
Recognizing, honoring, supporting, and encouraging support for
dog mushing and dog mushers in the state.
- MOVED HCR 24 OUT OF COMMITTEE
PRESENTATION: INDIAN LAW & ORDER COMMISSION REPORT
- HEARD
PREVIOUS COMMITTEE ACTION
BILL: HCR 24
SHORT TITLE: SUPPORTING DOG MUSHING
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS
03/03/14 (H) READ THE FIRST TIME - REFERRALS
03/03/14 (H) CRA
03/11/14 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
JESSIE MILLER, Staff
Representative Neal Foster
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HCR 24 on behalf of Representative
Neal Foster.
DIANA HAECKER
Nome, Alaska
POSITION STATEMENT: Testified in favor of HCR 24.
AURORA LEHR, Vice President
Alaska Federation Natives (AFN)
Anchorage, Alaska
POSITION STATEMENT: Testified during the discussion of the
Indian Law & Order Commission Report.
TROY EID, Chair
National Indian Law & Order Commission (ILOC)
Denver, CO
POSITION STATEMENT: Presented the Indian Law & Order Commission
report.
MICHELLE DEWITT, Executive Director
Bethel Community Services Foundation
Bethel, Alaska
POSITION STATEMENT: Testified in support of the recommendations
in the ILOC report.
JAMES HOELSCHER, First Sergeant
Village Public Safety Officer (VPSO)
Hooper Bay, Alaska
POSITION STATEMENT: Spoke to the needs in rural Alaska as
related to the Indian Law & Order Commission Report.
SHANNON JOHNSON-NANALOOK
Indian Child Welfare Act (ICWA)
Iliamna, Alaska
POSITION STATEMENT: Testified during the discussion of the
Indian Law & Order Commission Report.
MIKE MYERS, Roving Village Public Safety Officer (VPSO)
Dillingham, Alaska
POSITION STATEMENT: Testified on the challenges faced by VPSOs.
HOLLY HANDLER, Attorney
Alaska Legal Services
Alaska Federation of Natives (AFN)
Juneau, Alaska
POSITION STATEMENT: Spoke on the Tribal Law & Order Act and the
ILOC report.
ACTION NARRATIVE
8:05:29 AM
CO-CHAIR BENJAMIN NAGEAK called the House Community and Regional
Affairs Standing Committee meeting to order at 8:05 a.m.
Representatives Kito III, Foster, Reinbold, and Nageak were
present at the call to order. Representatives Herron and LeDoux
arrived as the meeting was in progress.
HCR 24-SUPPORTING DOG MUSHING
8:06:31 AM
CO-CHAIR NAGEAK announced that the first order of business would
be HOUSE CONCURRENT RESOLUTION NO. 24, Recognizing, honoring,
supporting, and encouraging support for dog mushing and dog
mushers in the state.
8:07:41 AM
JESSIE MILLER, Staff, Representative Neal Foster, Alaska State
Legislature, provided the following testimony:
With the first musher of the Iditarod Dog Sled Race
into Nome just a few hours ago, it is fitting that we
present this resolution. Dog mushing is the official
sport of our state. Dog mushing helped to save many
lives during the diphtheria epidemic of 1925 in Nome.
Dog mushing brings thousands of Alaskans together
every year to volunteer for various races, to cheer on
its mushers, and to welcome the many more who come
from out-of-state. We would ask the committee to
support HCR 24 and recognize [the sport] as a past,
present, and future culture of our state.
8:08:50 AM
DIANA HAECKER stated that she is married to four-time Iditarod
finisher, Nils Hahn, and is the mother of a budding musher,
Lizzy Hahn, who is nine years old. She related that she is a
reporter for the Nome Nugget and a musher. Four hours ago, Nome
greeted the 2014 Iditarod champion under the burled arch, and
even though she has photographed every winner since 2003 and is
an avid musher, she always chokes up when the mushers arrive in
Nome. These events epitomize the allure of Alaska, the dream of
the north, and the greatness of its people, she said, and what
these mushers endure captures the essence of legends. This
resolution will help preserve the joy of mushing and its culture
so her daughter and future generations will have the right to
mush in this great state. The organizations that have passed
this resolution in the last six months include the Willow Dog
Mushers Association, the Willow Area Community Organization, the
Pioneer Igloo Number 1 in Nome, the Nome Kennel Club, the
Association of Village Presidents, and the entire body of the
Alaska Federation of Natives. She thanked members for their
consideration and said that she wishes she could adequately
convey the joy and beauty that dog mushing brings to Alaska. In
response to a question, she stated that Dallas Seavey won the
race today. She related that musher Jeff King scratched because
the winds were so horrendous. It puts people in fear every time
the wind starts howling, and these world-class athletes just
endured these winds, she stated. She added that Aliy Zirkle
came in second, two minutes after Dallas Seavey, and she
believes that Mitch Seavey arrived just a minute ago.
REPRESENTATIVE REINBOLD thanked her for her passion and love of
the sport.
8:12:46 AM
CO-CHAIR NAGEAK closed public testimony on HCR 24.
CO-CHAIR LEDOUX moved to report HCR 24 out of committee with
individual recommendations and the accompanying fiscal note.
[Hearing no objections, HCR 24 was reported from the House
Community and Regional Affairs Standing Committee.]
8:13:24 AM
The committee took an at-ease from 8:13 a.m. to 8:17 a.m.
^Presentation: Indian Law & Order Commission Report
Presentation: Indian Law & Order Commission Report
8:17:16 AM
CO-CHAIR NAGEAK announced that the final order of business would
be a presentation on the Indian Law & Order Commission Report.
8:17:41 AM
AURORA LEHR, Vice President, Alaska Federation Natives (AFN),
noted that she also staffs the Council for the Advancement of
Alaska Natives, a committee of the AFN Board and comprised of
the 12 regional nonprofit service providers and some statewide
organizations that serve Alaska Natives. This year, one
priority [of the council] is to increase public safety,
especially in rural Alaska. She noted that there is a national
spotlight on safety in Indian Country right now, particularly in
Alaska. She said there will be two presentations, and the one
today is designed to provide information to the public and the
legislature on "where we're at and who the parties involved
are." In a few weeks, [a second presentation] will explore some
collaborative recommendations on how to move forward in making
some much-needed improvements. She stated that there have been
numerous reports before, and the latest report from the National
Indian Law and Order Commission (ILOC) is very comprehensive and
is based on extensive research and testimony, and the commission
chair is online to testify. The main difference in the current
report is that since Alaska faces so many issues, an entire
chapter has been dedicated to the state. She praised the ILOC
for putting so much effort into research and for providing
recommendations. She added that the issues need to be addressed
at the state level.
8:23:41 AM
TROY EID, Chair, National Indian Law and Order Commission
(ILOC), stated that the ILOC was created by a federal law in
2010, and he was appointed as a volunteer, with eight others, to
review public safety and criminal justice issues for the 566
federally-recognized Native nations across the United States.
The group has been working in the field and spending time and
energy to try to understand some of these issues. During the
course of the commission's work, the group spent an entire month
of combined time in the State of Alaska, he noted. About 40
percent of the federally-recognized Native nations are in
Alaska, he pointed out, and the time spent here has been an
honor.
8:25:23 AM
CO-CHAIR LEDOUX inquired as to how many of the appointees on
commission are Native American.
MR. EID answered that of the nine members of ILOC, four are
enrolled members in Native tribes. There are six Democrats and
three Republicans, he added, and he is a Republican who was
appointed by Senator Harry Reid and voted chair by the
commission members. The statute requires nine commissioners and
an advisory committee. There are no Alaskans or Native Alaskans
on the commission, he noted, but there are two advisors who were
heavily relied upon: Wilson Justin and Georgianna Lincoln.
8:27:11 AM
MR. EID said the ILOC was assisted by many great people in
Alaska. He noted that he is a former state cabinet official
from Colorado, and he was a U.S. attorney under President Bush.
He said the report given to the committee is well-worth a read,
particularly Chapter 2. He expressed that the situation in
Alaska is very outmoded in terms of relying on a highly
centralized, and very wasteful, policing and justice system
"that really has been bypassed by the times." Considering the
growth in Alaska and the serious issues faced, the ILOC
recommendation is to really look at local control: Alaska should
rely more on Native nations to enforce, combat, and prevent
violent crime. The statistics are important to remember, he
stated. In Alaska, victims of domestic violence are suffering
those assaults at 10 times the national average, and, by some
indications, sexual assaults are about 12 times the national
average, not including that such crimes are underreported. He
said that Alaska Natives have the highest rate of suicide in the
entire Western Hemisphere, and one out of every four Alaska
Native juveniles currently suffers from post-traumatic stress
disorder, and that is the same rate as returning combat veterans
from Afghanistan. This is serious, he reiterated.
MR. EID said a central system of law enforcement may have made
sense a long time ago, but all nine members of the commission
believe Alaska is on the wrong track with its centralized
system. He added that not relying on local government "to do
the heavy lifting" for law enforcement contributes to the
disproportionate rates of violent crime and, for the taxpayer,
is a "very wasteful, wasteful system." He continued:
We recommend quite strongly that Alaska take a look at
its system. We love Alaska. We're not here to
criticize anybody, but we just have to tell you that
having looked at all 566 of these Native nations
around the country for the last three and a half
years, Alaska really does stand out as a system where
more local control would really help all of the people
in Alaska, Native and non-Native alike.
8:31:20 AM
MR. EID said that ILOC has a series of recommendations that
starts with the premise that Alaska Native nations ought to be
treated in the manner in which they really are-the way they have
existed from the beginning. They are federally recognized as
sovereigns, he said, self-governing with a specific identity
under law. The state of Alaska should start addressing these
issues on a government-to-government basis, he stressed, and
with that he is talking about respect, not about creating an
Indian reservation system. Alaska could have a much safer
environment, he stated, if the legislature can take steps to
clarify the boundaries that Native nations have, work with them,
and begin to take that territorial integrity as a basis for
jurisdiction, for policing, and for courts. He said:
It doesn't have to be an issue of fighting over land
status endlessly; it's simply a question of drawing
boundaries that the parties can agree on and really
make local law enforcement do the heavy lifting. Make
sure there's a pathway into the courts, but make sure
that all the rights that Alaska Natives have are
respected, as well as non-Natives.
MR. EID pointed out that the rest of the United States relies on
local government and not on a strong central state government,
which does not have the means or the legitimacy to do this job.
It is failing miserably in Alaska, he stated. He said he looks
forward to the day when there can be more recognition of local
control, because it is in every Alaskan's interest to save that
kind of money and to not have an environment where Alaska spends
more money litigating against Native tribes than all the other
49 states combined. "There's got to be a cheaper way and an
easier way, and I think its starts with that initial respect,"
he concluded.
8:33:45 AM
REPRESENTATIVE REINBOLD said she has not lived in the Bush for a
long time, but she wants to support the efforts of ILOC. She
noted that Mr. Eid encourages local government, and yesterday
the Alaska House of Representatives passed legislation arming
VPSOs [village public safety officers], which is a step in the
right direction. She noted that many boroughs are unorganized,
and she asked which local government Mr. Eid is referring to.
MR. EID said arming VPSOs is important and is supported by the
commission. Some villages are in the position to do what he is
describing and some are not, and what needs to happen is to
begin to put that question to the Native communities. The
legislature should have conversations on a government-to-
government basis, he said. In the Lower 48, sometimes small and
remote tribes will band together and have intertribal law
enforcement, courts, and such, he explained, and the state will
recognize that. They will work out a system to ensure that the
boundaries are clear, but it is a common occurrence for one
court to serve a number of different Native communities.
Another way to deal with the issue is to have the dialogue with
smaller villages that are not ready, and to ask, "What can we do
right now to build capacity in those villages to help them?" He
said they cannot necessarily do everything but maybe they will,
eventually. The state should work on the capacity building,
such as building up the tribal court systems. It may entail a
program connecting geographic areas with a public defender, for
instance. He explained that the point is to get the locals to
do more and to build the capacity with them. "What we see in
Alaska-really-is the opposite. The locals are struggling to try
to do a lot of these things, sometimes with great success, by
the way, but too often the state's attitude is: no, that's a
threat to the central system that we have." The central system
never effectively serves the role of local law enforcement,
because the response times are too long and the distances are
too great, he explained. There must be a strategy to build
local control and accountability, even if it is done by regional
groups or organizations taking the lead, he added.
8:37:22 AM
REPRESENTATIVE REINBOLD said she rarely agrees with Chief
Justice Fabe, but "this is something we agree on." She asked if
building up tribal courts would be done at the federal, state,
or local level. She asked if the plan is moving forward and
what the legislature can do.
8:38:08 AM
CO-CHAIR NAGEAK said one problem is the lack of a formal
recognition of tribes in Alaska.
MS. LEHR said she could not clarify that.
CO-CHAIR NAGEAK said that most of the government in rural Alaska
is tribal. Tribes want to work with the state, but "there is
some disconnect there somewhere."
MS. LEHR said the state does recognize that there are federally
recognized tribes in Alaska. The issue tends to be around
ownership of land and not having a reservation system in place.
She added, "The state understands that there are federally
recognized tribes, but that doesn't necessarily solve any
problem."
MR. EID noted that the state does not currently recognize Alaska
Native nations on a government-to-government basis. That needs
to happen today-not tomorrow, but today. Every other state in
the country does, and every president since Richard Nixon has.
"The idea that it is somehow debatable or optional is a sign of
an ancient era," he opined. The U.S. Constitution clearly
recognizes these as sovereign [inaudible]. Once that respect is
shown, and it must be more than symbolic, [the state should
then] look to [the tribes] as the local government and offer to
help solve these problems. The effort has to start by saying,
"You are a government; we respect that; we believe in that." He
said it is not a scary thing to do; it is just part of the
country's constitutional framework and part of who we are as a
nation.
8:41:45 AM
CO-CHAIR LEDOUX inquired as to how that would work practically.
She totally supports the idea of local control, she said, but
there are reservations in the Lower 48 where everyone would be
subject to tribal law. Alaska has no tribal land, so would only
members of tribe be subject to the law or would everybody who
lives in the vicinity be subject to tribal law?
CO-CHAIR NAGEAK said that when land claims were settled, the
majority of people in rural Alaska wanted tribes; however,
Congress wanted something else and created corporations. The
corporations own land, and all members of the tribe are
shareholders in a corporation. "Every time we try to come up
with something to help our people, [it is said that] tribes
don't have land, well, I beg to differ. The tribes do own the
land because most of the members of the tribes in Alaska are
members of the corporation," he stated.
MR. EID explained that, in the Lower 48, when a Native person is
on tribal land or within the boundaries of a reservation, the
tribe has authority over that person for criminal purposes. A
tribe does not have criminal jurisdiction over non-Native
persons on tribal land, and that is based on a 1978 U.S. Supreme
Court case, called Oliphant, which was viewed, at the time, as a
case that would have very far-reaching consequences-and it has.
The situation changed slightly last spring by the Violence
against Women Act, which gave tribal jurisdiction over non-
Natives in certain domestic violence cases. It was a tool to
try to address domestic violence, but Alaska was exempt from the
Act. He noted that both Alaska Senators support including
Alaska in that section of the Violence against Women Act, and
this topic will come to the forefront in Alaska in the months
ahead. It is important for the state to begin to think about
it, he opined.
MR. EID said there is a whole body of law regarding the Alaska
Native corporations and how they can put land into trusts for
Native villages or as a basis for jurisdiction. He stated that
changing land status or land title would have to be clarified by
Congress. "But what I'm asking you to please consider doesn't
depend on whether you change the land status or whether you
recognize what's already there. All this legislature would have
to do is work with the Alaska Native nations on a government-to-
government basis and come up with boundaries that are realistic
boundaries for law enforcement purposes and for courts." He
suggested working cooperatively, and it could be a project that
is cosponsored by the state and the Native nations. "It could
be mediated," he offered. It could just be done party to party,
he said, and it would be very similar to drawing a line for a
borough, township, or a municipality. He continued: "You just
draw a government line [and] you wouldn't necessarily worry
about who owned the specific land. You would say, here's a line
that makes sense for self-government."
8:49:08 AM
REPRESENTATIVE FOSTER said he supports pushing Alaska Native
justice to the lowest level possible. He said he represents
about 60 communities, and nearly all are small villages. He
asked if some form of justice system could be at the level of a
100-person village, "or is this something that we have to have
at the hub level?"
MR. EID answered that he understands that there are some very
small communities in Alaska. He suggested being realistic as to
where to start, and one way would be to focus on where the big
problems are. Alcohol is one huge problem, he noted, and some
limited authority might be directed at combatting alcohol
possession and abuse where it is needed, which could be done in
very small villages by having a tribal court judge that serves
four to five villages. The judge does not have to be a lawyer,
he explained, just someone who is honest and willing to assume
the responsibility. The state could deputize these people as
state judges for certain purposes, and they could be Native or
not. "So many of the tribal governments in the Lower 48 have
both Native and non-Native judges; they hire whoever they need,
or they work with whoever they need to get the job done; they do
it in a way they see fit, like other local governments do." He
said that Alaska law can be applied when necessary, and judges
can be trained to handle certain types of cases. An appeal
might be directed elsewhere, if desired. He said to be
realistic about what can be done now; start with something that
is important like alcohol and extend that authority at a local
level. Train those people and then over the next generation, a
growing pool of people can take on a lot of other things.
8:53:05 AM
CO-CHAIR NAGEAK opened public testimony on the Indian Law &
Order Commission Report.
8:53:21 AM
MICHELLE DEWITT, Executive Director, Bethel Community Services
Foundation, said she has lived in Bethel since the mid-1990s,
and most of her work has been with the Tundra Women's Coalition
addressing domestic violence and sexual assault. She now
directs the Bethel Community Services Foundation, which serves
the community and provides grants to the region. What she has
learned from the many years working with Native people impacted
by domestic violence and sexual assault "is that we need to stop
spending so much time trying to fix broken systems." She
expressed that she left the Women's Coalition because of
"systems." Seeing how systems interact with people-with
victims-she realized that "we need to stop being so defensive of
systems that exist. Just because there are systems in place
doesn't mean that they're the best way or the only way to
address crime or to interact with people or to provide
services," she stated. She expressed her opinion that VPSO and
trooper positions could be added "for the rest of my lifetime,"
but it will not address crime in Alaska's most rural tribal
communities. The number of Native Alaskans dealing with these
issues is overwhelming, she stressed, and she appreciates the
report and agrees wholeheartedly with the recommendations. From
the perspective of a practitioner in direct services in rural
Alaska, it is time to respect people; respect tribes; and
empower communities, stakeholders, and tribal communities.
Alaska needs to consider the [tribes and communities] as full
partners and engage people in local solutions to these issues.
8:57:13 AM
REPRESENTATIVE HERRON asked why Alaska did not fight for
inclusion rather than fight for exclusion of Alaska tribes,
except for Metlakatla.
MS. DEWITT said she believes that it has to do with land; the
state spends significant resources defending issues around land,
and that impacts social policy and the ability to move forward
on other platforms. There is so much fear about acknowledging
sovereignty and respecting people: "We're digging in on all of
these issues, when, in fact, we need to ... stop being so
defensive about the things that are broken-that are not working-
and start solving some of these issues." She expressed her
belief that the state did not want to give anything up.
8:59:27 AM
REPRESENTATIVE HERRON noted that, historically, the federal
government has dealt with American Indians and Alaska Natives.
In 1830, there was the Indian Removal Act, and in the 1970s,
ANCSA [Alaska Native Claims Settlement Act] was passed so that
"we could build the pipeline." He asked if ANCSA is a treaty
"that some Alaskans like ... because they were able to get the
oil flowing. Didn't we extinguish tribal rights, essentially,
for convenience, and now we're fighting against the decision-
which was probably done with all good intentions?" He said
ANCSA is coming back to bite Alaska Natives in the worst
possible way.
MR. EID explained that ANCSA is one of the most amended federal
laws of the last 40 years. It was amended essentially every
single session of Congress for the first 35 years. He said
ANCSA talks about there being no wardship for Native people, and
it makes it sound like the tribes were being extinguished or
their rights were being much degraded. He stated that the
amendments have changed ANCSA, and it is very different from
what it was in 1971. If it had not changed, "then why would we
have the Indian Health Service partnering and providing all of
these services?" There are so many federal roles that support
Alaska Natives, similar to the Lower 48, which could not exist
if the original ANCSA was taken literally, he added. In some
sense, ANCSA creates confusion, but it is not a surprise that
Congress can fix it with support from the Alaska Legislature.
He stressed his point that the legislature and the governor have
a key role here. A system was envisioned that would bring out
the best in everybody in Alaska, and it was not necessarily a
decision of expediency, but one designed to maintain Alaska
Native identity and be able to have development. The reality of
today needs to be looked at, as there is too much crime; the
state wastes too much money on central services; and it is not
working. He stated, "You can add VSPOs-you can do these things-
but it will not change the structural problem that exists." He
suggested that the bold thing to do is to look at the structure
and ask if it really serves the needs of modern Alaskans when
the state has grown so much and when the crime problem is so
great. The legislature can take a leadership role, and it
starts with looking at the root cause.
9:03:37 AM
REPRESENTATIVE KITO III noted that there are over 200 recognized
tribes in Alaska, and he asked how a public safety structure
would work for the smaller communities.
MR. EID emphasized that it needs to be worked out with state
leaders and tribal leaders. He reiterated that the task needs
to be tackled on a government-to-government basis. He
recognizes that tribes are numerous and many are very remote.
The process will take time and attention to detail, he
explained, but the effort is not happening now, and the state's
posture has been to deny that these are governments and to
operate out of the urban hubs. The legislature could establish
governmental boundaries with agreement from the Native nations
and allow jurisdiction within those lines. It should not be a
legal fight, he added.
9:06:09 AM
CO-CHAIR NAGEAK said regional corporations have established
nonprofits that receive lots of federal funding. They are not
recognized as tribal entities, but they allow shareholders to
take care of some of the social ills and needs. Today there is
push-back from tribal governments as there are territorial
conflicts between them [and the corporations].
9:07:36 AM
REPRESENTATIVE HERRON inquired as to the intent of the co-chairs
in going forward with this report.
CO-CHAIR NAGEAK said he has no idea. He said he wanted an
opportunity to bring it to the public, and it is up for
discussion regarding [what the committee does with it].
CO-CHAIR LEDOUX recalled that today was to be informational, and
several weeks from now, [the committee] might have a discussion
about things it can do.
9:09:01 AM
REPRESENTATIVE HERRON referred to a letter from the attorney
general asking someone to attend this hearing. He recommended
that the report be held for further consideration in order that
the attorney general can share his views when he is available.
He expressed his desire to have on the record what the attorney
general is doing, specifically, to recognize sovereignty in the
state.
CO-CHAIR NAGEAK agreed with Representative Herron's suggestion.
9:10:46 AM
JAMES HOELSCHER, First Sergeant, Village Public Safety Officer
(VPSO), noting that he is a Yupik Eskimo from Hooper Bay,
informed the committee that he has been involved in law
enforcement for about 20 years in Hooper Bay. He then related
that there are challenges working with the three different
organizations with which a VPSO works, which are the state, the
VPSO employer (which can be a nonprofit or a borough), and the
local city or tribal government. He opined that all three
organizations have a shared mission in that they all want better
public safety. The different organizations have shared members
and long-term and short-term goals. Furthermore, the
organizations have different expertise and resources along with
the need to network resources across the regions, but the
difficulties [of working with multiple entities] include
problems with the lines of communication, including scheduling
any kind of meeting; resolving philosophical differences between
members to achieve goals; costs; and obligations.
Communication and networking is complex and can result in
problems with either recognizing VPSOs or disciplining them. He
acknowledged that there can be the perception of duplication of
services when there are VPSOs, village police officers, and
tribal police officers. Another challenge in the arrangement is
that the stronger partner may dictate administrative processes
that the other organizations may not have chosen, he said.
There is also a challenge in terms of financial information and
control. However, there are benefits, including: the retention
of sovereignty for each organization while having combined
resources; the ability to reach a larger audience; an improved
advice and support system; a dedicated focus on missions
validated by communications; services, support, and stability
from each organization; and a sharing of resources. Mr.
Hoelscher related that as a VPSO he has felt as if he is being
pulled in different directions and caught in the middle,
wondering who he is supposed to answer to and what is expected
of him, which is stressful and at times can be more stressful
than his calls. He noted that what keeps him sane is the
acknowledgement that he ultimately works for the residents of
Hooper Bay.
9:16:15 AM
REPRESENTATIVE FOSTER asked Mr. Hoelscher to provide his top
three suggestions, in writing, of what the legislature could do
to help streamline the process in rural Alaska.
MR. HOELSCHER agreed to do so.
9:17:15 AM
REPRESENTATIVE HERRON inquired as to what Mr. Hoelscher would
request if he were the king for a day in terms of Alaska Natives
being taken for granted by the judicial system.
MR. HOELSCHER said he would hope that everyone would listen with
open ears to those educated and honest people who are trying to
address community needs, whether they are VPSOs, tribal police
officers, municipal police officers, or Alaska State Troopers.
Sometimes titles, disagreements, and financial issues cause
wrinkles in the system, he explained. Mr. Hoelscher emphasized
his belief that the communities should have the number-one say
in what they want with law enforcement and public safety.
Furthermore, he opined, communities set a precedent as to what
services they expect, and that should be met. As an Alaska
Native living in an Alaska Native community, he expressed his
feeling that some issues seem to be an uphill battle. In his
over 20 years as a VPSO, he recalled arresting parents and
children, and he noted the difficulty in keeping an optimistic
view "with all that we go through," but becoming pessimistic or
cynical would hinder his effectiveness in his job. However, he
is upset with the direction Alaska Native people have been led
with alcohol and drugs, which have contributed to the high rates
of suicide, domestic violence, and sexual assault. He related
his desire for everyone to work toward the same goal and hold
true to it.
9:21:12 AM
REPRESENTATIVE HERRON noted that Mr. Hoelscher was born and
raised in Hooper Bay, and he asked how many Alaska State
Troopers he has trained to understand what it is like to live in
Hooper Bay.
MR. HOELSCHER answered that he has trained over 20 troopers, as
well as those who are not assigned to Hooper Bay. He
highlighted that one of the best ways to be accepted is to
understand the community, culture, and its people. He said that
he finds great enjoyment in informing people about the community
of Hooper Bay and its people and in having them participate in
[community/cultural] activities, which is necessary to gain
acceptance and trust. In further response to Representative
Herron, Mr. Hoelscher confirmed that some of the officers did
not understand rural Alaska and could not stay, and those few
are no longer troopers because they could not adapt to that part
of their job. On the other hand, many of those who were force-
transferred out to Hooper Bay and were bitter about the
transfer, enjoyed being there when they really got to know the
people and got to see the culture. Some individuals even came
back on their own [after being transferred out], because they
enjoyed the area so much.
9:24:07 AM
MR. HOELSCHER, continuing his presentation, highlighted that the
resources lacking for VPSOs across the board include housing,
vehicles, and office space, which are essential for VPSOs to do
their job. Often, one or more of the components are missing,
which results in a community not having a VPSO. Even if most or
all of those items are provided, there may be a lack of vehicle
fuel and vehicle maintenance, office supplies, heating fuel, or
running water, he stated. Mr. Hoelscher said he is grateful to
work in a community with all those resources (he also pointed
out that he has his own house due to the fact that he is a
resident of Hooper Bay); however, the majority of VPSOs are not
provided with the essential components necessary to do their
jobs. He noted that he took the job as a VPSO about five years
ago and prior to that was the Chief of Police for Hooper Bay.
As a certified police officer he carried a gun. He highlighted
that it can be challenging to be a VPSO responding to
emergencies without immediate backup. Even with the best of
conditions, the response time [for backup] can be hours-and that
weighs heavy on his mind and on the mind of other VPSOs to be
alone in situations where nobody should be alone.
9:29:10 AM
SHANNON JOHNSON-NANALOOK, Indian Child Welfare Act (ICWA),
Iliamna, Alaska, explained that Iliamna is a hub community for
the villages of Iliamna Lake. Although there are seven
communities around the lake, there is only one VPSO in Kokhanok
and one Alaska State Trooper based in Iliamna. She related that
she lives in a community without a VPSO, but it has a great need
for one. She told the committee that she has nine years of
experience living and working in Togiak as an Indian Child
Welfare Act (ICWA) worker, and until returning to Iliamna, she
pursued a bachelor's degree in social work. She related that
she has been a service provider since the late 1990s, helping
rural communities, handling child abuse and neglect cases, and
working on other issues related to children. She has worked
with numerous VPSOs in the Bristol Bay area and said they are a
precious resource for the small communities. The VPSOs dedicate
time and energy to the villages, and she understands the
complexities of the many roles they play on a daily basis. The
buddy system used in Togiak was such that the ICWA worker and
the VPSO would respond to a domestic violence incident, and the
situation usually entailed removing children to ensure their
safety. The role of VPSOs is extraordinary, she said. They
would have to arrest the perpetrator; help the ICWA worker find
homes for the children; ensure that the victims were safe; and
provide counseling to the families involved. While Ms. Johnson-
Nanalook got to go home to her family, the VSPO had to go back
to work and guard the offender and file reports. Additionally,
VPSOs serve various roles from medical examiner to role models
who give Drug Abuse Resistance Education (D.A.R.E.)
presentations in the schools. Ms. Johnson-Nanalook noted that
she has been involved with the tribal court, and the assistance
VPSOs provide is vital and much appreciated. She acknowledged
that there is no easy fix to this complex issue in rural Alaska,
but she expressed hope that these different perspectives will
provide insight into the many roles of VPSOs and the need to
fill these positions in rural Alaska. She noted that her uncle
was a VPSO who was honored for his heroism during the floods in
1994, and she can name other VPSOs who are her heroes.
9:36:02 AM
MIKE MYERS, Roving Village Public Safety Officer (VPSO),
informed the committee that he serves most of the Bristol Bay
Native Association (BBNA) villages. Although most of the
villages are receptive to having VPSOs, the first question he
often receives upon arrival is, "Who are you coming to arrest?"
Mr. Myers stated that he tells residents that he is there to
support them and help them to the best of his abilities. He
acknowledged that some people have misconceptions regarding how
people live in villages and added that it was an education for
him when he first moved to Alaska in 1977. Some of the most
common problems in the villages, he related, are alcohol and
drugs. Mr. Myers pointed out that everyone has different
expectations of VSPOs. For instance, Alaska State Troopers want
VPSOs to be police officers, but the VPSOs wear many hats, and
he even considers himself a social worker half of the time. The
VPSOs face individuals with mental health issues, and it takes
days to get someone to the village to help the individual, he
said. He said small problems lead to larger problems, and VPSOs
might not be called until things become "pretty serious." Mr.
Myers expressed the need to better educate VPSOs, Alaska State
Troopers, mental health professionals, and physicians. He also
expressed the need for a better response time, such that perhaps
there would be local help in the villages he serves.
9:41:05 AM
HOLLY HANDLER, Attorney, Alaska Legal Services, Alaska
Federation of Natives (AFN), said she is part of the legal team
for the Alaska Federation of Natives (AFN). She noted that
Chapter 2 of the National Indian Law and Order Commission (ILOC)
report discusses the Tribal Law and Order Act, and she heard
that there has been some skepticism expressed about
commissioners from outside of Alaska examining and making
recommendations for Alaska. She said one of the perspectives of
the commission is its national examination of the Tribal Law and
Order Act, which was not implemented in Alaska. The commission
can look at how the policy of self-determination for tribes in
the United States has impacted the country and how its impact
has been slower in Alaska than anywhere else. It is ironic,
because the Act discusses Alaska as being one of the areas of
most dire concern, she explained. She said the commission can
look at the progress tribes have made elsewhere and question why
Alaska has been left out. She added that "the commission has
also examined the issues in Alaska being the epicenter of sexual
assault and domestic violence in the country as being not just a
state problem but an issue of national concern."
MS. HANDLER noted that there were questions raised about the
impact of ANCSA on Alaska tribes, and while there is certainly a
lot of grey areas in the wake of ANCSA, it has been a long-
standing interpretation by federal courts and the Alaska Supreme
Court that ANCSA did not extinguish the rights of tribes. She
noted that there was a question regarding the "practical
implications" of not having reservation lands. The commission
did not work with a blank slate, she said, and she pointed out
that the bibliography in the ILOC report includes the Rural
Justice and Law Enforcement Commission Report for Alaska. In
2012, that commission issued a comprehensive report with ideas
for "how this could work on a practical basis." These issues
seem overwhelming, but the groundwork has been laid by people
who have been paying attention to these issues for many years,
she explained. "One of the observations of the Rural Justice
and Law Enforcement Commission, that's relevant to this report
here today and thinking about implementation in the future, is
just examining the playing field. There is some mention of
Native tribal courts and the resources that tribal courts and
tribal governments could bring to a state and tribal
partnership," she stated, but both commissions recognized the
different "playing field." The ability of the state to support
full-time positions is very different from tribal courts, which
are mostly volunteer. The state has paid judges, clerks, staff,
and support; whereas, most tribal judges work on a volunteer
basis with, perhaps, a part-time clerk who also serves other
roles such as the local ICWA worker or tribal administrator.
She stated that there is federal funding for some tribal courts
in Alaska, but those are predominantly three-year grants which
is problematic.
MS. HANDLER concluded by saying that the most significant
recommendation in Chapter 2 of the ILOC report is that the
report not be shelved. One of the more dismal observations of
the commission is the lack of follow-through from all the
previous work that has been done by the legislature, other state
groups, tribal groups, and other commissions. So, she stated,
the AFN finds that the most significant recommendation is to
make these issues a priority, including the effort to pursue
government-to-government relations.
9:48:57 AM
REPRESENTATIVE HERRON noted that he wants to wait and have an
animated conversation with the Attorney General, and he asked
Ms. Handler is she thinks that will help.
MS. HANDLER said the commission and AFN supports more dialogue,
as there will be no progress unless people start talking.
9:49:49 AM
REPRESENTATIVE HERRON inquired as to why there is a reluctance
by this and other administrations to acknowledge sovereignty.
He noted that the Tony Knowles administration had the
"Millennium Agreement," but nobody "took the ball" after that.
MS. HANDLER said she is not the right person to answer that and
cannot speak for the administration, but she has observed in her
work that there is a great deal of fear in recognizing tribal
governments. Having discussions can help bring out those
concerns and may allay fears. There are some grey areas, she
noted, where there are concerns about how they will play out.
She noted that there is also "insignificant cooperation," such
as tribal foster care funding where the state and the Tanana
Chiefs Conference just signed an agreement so that foster care
funding can flow from the federal government through the state
to the tribal courts. When these discussions do start, she
said, people may work through their fears and realize what
resources are out there, and there is much progress to be made.
9:53:02 AM
REPRESENTATIVE HERRON noted that the letter from the Attorney
General stating that he could not attend this hearing was copied
to others. He requested that the co-chairs write a letter to
those who were copied and say, "Why did you not take up the
invitation to be a part of this debate?"
CO-CHAIR LEDOUX said she was curious as to why even a deputy
attorney general failed to attend.
9:54:08 AM
CO-CHAIR NAGEAK stated that the committee will hold the report
until the attorney general and others in the administration can
attend. "We will make that an open invitation," he said.
CO-CHAIR LEDOUX expressed her interest in a vibrant discussion.
She then said that she once represented the Lake and Peninsula
Borough, and one of the most successful communities sometimes
meted out unique punishments. It was not done through a tribal
court, she said, but "the community had ceded power to a
community administrator, and when people didn't shape up in that
community and violated the social norms of that community," the
traditional punishment of banishment was used. She asked if
unique punishments would be available under tribal law. She
also recalled that [offenders] in Anchorage were once given bus
or airplane tickets out of town-so it was not just in Native
communities.
9:56:34 AM
MS. HANDLER acknowledged those as traditional methods of local
community policing in Native and non-Native communities,
particularly in areas without law enforcement. "When there's
somebody in town that's repeatedly engaging in violence, in
bootlegging, in carrying weapons while intoxicated, the
community often feels ... that without an outside law
enforcement officer to help deal with this problem, that there
has to be some sort of community response, including escorting
somebody out of town or purchasing them a plane ticket."
9:57:57 AM
REPRESENTATIVE HERRON stated that Nora Guinn of Bethel-the first
woman and the first Native district court judge in Alaska-used
the "blue ticket" a lot. He then said he is trying to stop
using the phrase, "local control," preferring, instead, to use
"local responsibility."
CO-CHAIR NAGEAK closed public testimony on the Indian Law &
Order Commission Report.
9:59:21 AM
MS. LEHR requested clarification about the attorney general
participating and whether that will be separate from the planned
hearing on the recommendations of the ILOC.
REPRESENTATIVE HERRON said he wants to keep the conversation
going but said he is willing to wait to have the attorney
general in front of the whole committee, because the attorney
general's view on the ILOC has to be on the record.
10:00:25 AM
MS. LEHR said she wholehearted agrees with having the attorney
general's office and the administration on record. In closing,
she expressed appreciation to the members for their time and for
agreeing that this conversation needs to happen.
10:01:12 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 10:01 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HCR24 ver A.pdf |
HCRA 3/11/2014 8:00:00 AM |
HCR 24 |
| HCR24.Supporting Lttr.Nome Kennel Club.pdf |
HCRA 3/11/2014 8:00:00 AM |
HCR 24 |
| HCR24.Supporting Resolution.AFN.pdf |
HCRA 3/11/2014 8:00:00 AM |
HCR 24 |
| HCR24.Supporting Resolution.WACO.pdf |
HCRA 3/11/2014 8:00:00 AM |
HCR 24 |
| Indian Law & Order Commission Report.Roadmap.Ch 2.pdf |
HCRA 3/11/2014 8:00:00 AM |
Indian Law & Order Commission Report |
| Indian Law & Order Commission Report.Summary of Roadmap 012014.pdf |
HCRA 3/11/2014 8:00:00 AM |
Indian Law & Order Commission Report |
| Indian Law & Order Commission Report Fact Sheet.AFN.pdf |
HCRA 3/11/2014 8:00:00 AM |
Indian Law & Order Commission Report |
| State of Judiciary 031313.pdf |
HCRA 3/11/2014 8:00:00 AM |
Indian Law & Order Commission Report |
| Indian Law & Order Commission Report.Lttr Attorney General.pdf |
HCRA 3/11/2014 8:00:00 AM |
Indian Law & Order Commission Report |
| HCR24.Fiscal Note.LAA.pdf |
HCRA 3/11/2014 8:00:00 AM |
HCR 24 |