04/05/2012 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB351 | |
| Confirmation Hearing(s): Alaska Public Offices Commission | |
| SCR17 | |
| SB53 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SCR 17 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 351 | TELECONFERENCED | |
| += | SB 53 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 5, 2012
8:06 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Paul Seaton
Representative Peggy Wilson
Representative Max Gruenberg
Representative Pete Petersen
Representative Kyle Johansen
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 351
"An Act establishing procedures relating to issuance,
suspension, or revocation of certification of police officers by
the police standards council; making certain court service
officers subject to certification by the police standards
council; making confidential certain information that personally
identifies a police officer; relating to requesting or requiring
police officers to submit to lie detector tests; repealing a
provision exempting certain police officers from a prohibition
against requiring certain employees to submit to lie detector
tests; and providing for an effective date."
- HEARD & HELD
CONFIRMATION HEARING(S): ALASKA PUBLIC OFFICES COMMISSION
- HEARD
CS FOR SENATE CONCURRENT RESOLUTION NO. 17(STA)
Celebrating the 100th anniversary of the Girl Scouts of the
United States of America and proclaiming 2012 as the Year of the
Girl.
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 53(FIN)
"An Act reestablishing the Alaska Commission on the Status of
Women; and relating to the purpose and powers of the Alaska
Human Relations Commission."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 351
SHORT TITLE: POLICE OFFICER PROTECTIONS/CERTIFICATION
SPONSOR(s): REPRESENTATIVE(s) HAWKER
02/22/12 (H) READ THE FIRST TIME - REFERRALS
02/22/12 (H) STA, JUD
04/03/12 (H) STA AT 8:00 AM CAPITOL 106
04/03/12 (H) Heard & Held
04/03/12 (H) MINUTE(STA)
04/05/12 (H) STA AT 8:00 AM CAPITOL 106
BILL: SCR 17
SHORT TITLE: GIRL SCOUTS 100TH ANNIVERSARY
SPONSOR(s): SENATOR(s) DAVIS
01/17/12 (S) READ THE FIRST TIME - REFERRALS
01/17/12 (S) STA
02/02/12 (S) STA AT 9:00 AM BUTROVICH 205
02/02/12 (S) Moved CSSCR 17(STA) Out of Committee
02/02/12 (S) MINUTE(STA)
02/03/12 (S) STA RPT CS 5DP SAME TITLE
02/03/12 (S) DP: WIELECHOWSKI, KOOKESH, PASKVAN,
MEYER, GIESSEL
02/17/12 (S) BEFORE THE SENATE ON FINAL PASSAGE
02/17/12 (S) TRANSMITTED TO (H)
02/17/12 (S) VERSION: CSSCR 17(STA)
02/20/12 (H) READ THE FIRST TIME - REFERRALS
02/20/12 (H) STA
04/05/12 (H) STA AT 8:00 AM CAPITOL 106
BILL: SB 53
SHORT TITLE: COMMISSION ON THE STATUS OF WOMEN
SPONSOR(s): SENATOR(s) DAVIS
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) STA, FIN
03/24/11 (S) STA AT 9:00 AM BUTROVICH 205
03/24/11 (S) Heard & Held
03/24/11 (S) MINUTE(STA)
03/29/11 (S) STA AT 9:00 AM BUTROVICH 205
03/29/11 (S) Moved SB 53 Out of Committee
03/29/11 (S) MINUTE(STA)
03/30/11 (S) STA RPT 3DP 1DNP 1NR
03/30/11 (S) DP: WIELECHOWSKI, KOOKESH, PASKVAN
03/30/11 (S) DNP: GIESSEL
03/30/11 (S) NR: MEYER
01/20/12 (S) FIN AT 9:00 AM SENATE FINANCE 532
01/20/12 (S) Heard & Held
01/20/12 (S) MINUTE(FIN)
02/02/12 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/02/12 (S) Moved CSSB 53(FIN) Out of Committee
02/02/12 (S) MINUTE(FIN)
02/03/12 (S) FIN RPT CS 5DP 2NR SAME TITLE
02/03/12 (S) DP: HOFFMAN, THOMAS, EGAN, MCGUIRE,
ELLIS
02/03/12 (S) NR: STEDMAN, OLSON
02/22/12 (S) TRANSMITTED TO (H)
02/22/12 (S) VERSION: CSSB 53(FIN)
02/24/12 (H) READ THE FIRST TIME - REFERRALS
02/24/12 (H) STA, FIN
04/03/12 (H) STA AT 8:00 AM CAPITOL 106
04/03/12 (H) Heard & Held
04/03/12 (H) MINUTE(STA)
04/05/12 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE MIKE HAWKER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor, introduced HB 351.
JULIE LUCKY, Staff
Representative Mike Hawker
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes in the proposed
committee substitute (CS) to HB 351, Version 27-LS1352\M, Wayne,
4/4/12, on behalf of Representative Hawker, sponsor.
RICHARD BURTON
No address provided
POSITION STATEMENT: Related some history regarding the Alaska
Police Standards Council during the hearing on HB 351.
SHELDON SCHMITT, Police Chief
Sitka Police Department;
Chair
Alaska Police Standards Council (APSC)
Sitka, Alaska
POSITION STATEMENT: Testified on behalf of APSC in opposition
to HB 351.
JAKE METCALFE, Executive Director
Public Safety Employees Association, Inc./American Federation of
State, County, Municipal Employees (PSEA/AFSCME) Local 803
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on HB 351.
VANCE SANDERS, Appointee
Alaska Public Offices Commission
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Public
Offices Commission.
SENATOR BETTYE DAVIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor, introduced SCR 17.
KATYA WASSILLIE, Intern
Senator Bettye Davis
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SCR 17 on behalf of Senator
Davis, sponsor.
SENATOR BETTYE DAVIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor, introduced SB 53.
CELESTE HODGE, Staff
Senator Bettye Davis
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 53 on behalf of Senator Davis,
sponsor.
ARLISS STURGULEWSKI
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on SB 53.
BARBARA BELKNAP
Vision 2020
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on SB 53.
CAREN ROBINSON, Lobbyist
Alaska Women's Lobby (AWL)
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 53.
ACTION NARRATIVE
8:06:59 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:06 a.m. Representatives Keller, Seaton,
P. Wilson, Petersen, and Lynn were present at the call to order.
Representatives Johansen and Gruenberg arrived as the meeting
was in progress.
HB 351-POLICE OFFICER PROTECTIONS/CERTIFICATION
8:07:52 AM
CHAIR LYNN announced that the first order of business was HOUSE
BILL NO. 351, "An Act establishing procedures relating to
issuance, suspension, or revocation of certification of police
officers by the police standards council; making certain court
service officers subject to certification by the police
standards council; making confidential certain information that
personally identifies a police officer; relating to requesting
or requiring police officers to submit to lie detector tests;
repealing a provision exempting certain police officers from a
prohibition against requiring certain employees to submit to lie
detector tests; and providing for an effective date."
8:08:57 AM
REPRESENTATIVE MIKE HAWKER, Alaska State Legislature, as
sponsor, introduced HB 351. He explained that his office is
working on a committee substitute for HB 351 that would be
supported by people on both sides of the issue, and while that
version is not yet ready, there is a committee substitute for
the committee's consideration that he described as "sufficiently
mature." He requested that the committee not move out HB 351
today.
8:10:16 AM
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) to HB 351, Version 27-LS1352\M, Wayne, 4/4/12,
as a work draft.
REPRESENTATIVE SEATON objected for the purpose of discussion.
8:10:40 AM
JULIE LUCKY, Staff, Representative Mike Hawker, Alaska State
Legislature, reviewed the changes in Version M. She said
because no one stated an objection to the use of suspension, it
remains in the bill. The primary concern expressed at the last
hearing, she reviewed, was that the Alaska Police Standards
Council's (APSC's) hands not be tied to a decision made by a
hearing officer or to a decision made by a court of arbitration
when the council judges that the officer in question should be
disciplined for objectionable behavior. To address that
concern, she said, Section 1 now would allow the council to
revoke the certificate of a police officer or refuse to issue a
certificate to an applicant following filing of an accusation
and delivering notice of it. She said Version M removes the
requirement that the council's refusal or revocation must be
consistent with the decision of the hearing officer, because
that requirement is limiting to the council. She offered her
understanding that under the current Administrative Procedure
Act (APA), if the council does deviate from the decision of a
hearing officer, it must support its reason in writing.
8:13:14 AM
MS. LUCKY said no changes were made in Section 2, which requires
the council to prove the conduct of the accused by clear and
convincing evidence. She acknowledged that this issue is a
point of contention, and that some would want the proof to be a
preponderance of evidence. She said that is a policy call for
the committee to make. Ms. Lucky said Section 3 prohibits the
council from taking action on ["a proceeding to revoke, suspend,
or refuse to issue a certificate to a police officer"] that is
under dispute or has been taken up by a court; however, Version
M would add certain circumstances [paragraphs 1-7, on page 2,
line 25, through page 3, line 21], under which the council would
could make exceptions to that prohibition.
8:16:47 AM
MS. LUCKY, in response to Representative P. Wilson, stated that
the overall intent of Section 3 is to separate employment
actions taken through collective bargaining from revocation
actions taken when an officer fails to meet the standards set by
the council.
8:20:43 AM
MS. LUCKY, in response to Representative Seaton, said, "These
seven exceptions would be the exceptions to considering evidence
that has already been decided through another process or is
currently in dispute in another process."
REPRESENTATIVE SEATON asked Ms. Lucky to confirm that AS
18.65.244 relates only to actions following court cases or
grievance procedures.
MS. LUCKY said Representative Seaton's summation is correct.
8:23:31 AM
REPRESENTATIVE P. WILSON remarked that sometimes appeals take a
long time, and she ventured that "this" would allow [the officer
in question] to continue making appeals and "be able to do what
he wants."
MS. LUCKY indicated that that is correct, except in the case of
the previously mentioned seven exceptions.
REPRESENTATIVE P. WILSON proffered that an officer being
investigated for sexual misconduct, as long as it did not occur
while on duty, would be allowed to keep [working] until the
appeal process was completed.
MS. LUCKY said that is how she interprets [Section 3], which was
reworked in response to concerns expressed by the committee at
its last hearing of HB 351.
8:25:37 AM
REPRESENTATIVE SEATON asked if Version M would give [the
council] subpoena power, another avenue for obtaining
information.
MS. LUCKY said that is not addressed in Version M, which was
written by a bill drafter, and she said she would like to get
more information from the bill drafter. She said, "It would
only apply to court cases [and] arbitration where the
termination had been reversed."
REPRESENTATIVE SEATON pointed to the phrase, "or is in dispute",
on page 2, line 14, and said, "It looks like they could not use
any of that information to do it."
MS. LUCKY responded, "That is correct, other than misconduct
that is enumerated in items 1-7; that's my understanding."
8:28:10 AM
MS. LUCKY noted that the original bill version adds court
services officers to the definition of "police officer" in
Section 4, and Version M offers no further changes. She
indicated that there is a trend toward adding court services
officers already in the making, and the sponsor is considering
an amendment to delay the effective date of Section 4 "if that's
happening anyway." In response to the chair, she confirmed that
the amendment is included in the committee packet. Ms. Lucky
said Sections 5-6 address the administration of a lie detector
test. She related that in response to committee discussion at
the last hearing, the sponsor has clarified, [with the addition
of paragraph (3) in Version M], his intent "that this apply to
current employees and not bar the use of lie detector tests
during the application process." She stated that no changes
were made to Section 7, which addresses the confidentiality of
personal information held by the employer and includes the
following exceptions of that which could be released for
inspection, provided the officer was legally arrested: a
photograph of the officer, information included in a 9-1-1 call,
a police or investigative report, a complaint made to a law
enforcement agency, and a witness statement. She said the only
objection heard regarding Section 7 is regarding the release of
photos. She indicated that concern has been expressed that
photos would have to be taken down in all the police stations.
She said that is not the intent of the sponsor. She said the
sponsor envisions the waiver process to include a form signed at
the beginning of the hiring process regarding the release of
photographs.
8:31:47 AM
REPRESENTATIVE KELLER, regarding the aforementioned Section 3,
paragraph 7, questioned "who would notify the police officer of
those circumstances." He said he is trying to get clarification
on the "large section related to refusal to answer."
MS. LUCKY suggested someone else may be better able to explain
that portion of Version M.
8:33:23 AM
REPRESENTATIVE P. WILSON directed attention to Section 6, on
page 4, and noted that Version M takes away the "or" on line 25
between the first two reasons that ["A public employer may not
discharge, threaten, or otherwise discriminate against an
employee regarding the employee's compensation, terms,
conditions, location, or privileges of employment"]; therefore,
both reasons would have to apply together.
MS. LUCKY responded that that is not the intent of the sponsor.
She offered her understanding that by moving the "or" from
between the first two paragraphs to between the second and newly
added third paragraph [on line 28], the "or" would apply to all
three paragraphs.
8:35:50 AM
REPRESENTATIVE SEATON, regarding Section 1, asked about the
purpose of a suspension. He said he is troubled by changing the
council to one that upholds minimum requirements to a council
that is disciplinary and issues suspensions.
MS. LUCKY responded that one circumstance in which suspension
may be a better choice is when an officer is seeking treatment
for chemical or alcohol addiction and could be sent to a
recovery program while under suspension. She suggested that it
may be helpful to be able to suspend someone so that he/she does
not have to go through the process of being recertified.
REPRESENTATIVE SEATON said he wants the people on both sides of
the issue to address it.
8:39:34 AM
REPRESENTATIVE GRUENBERG directed attention to a legal
memorandum in the committee packet from the Alaska Civil
Liberties Union (ACLU), and offered his understanding that under
HB 351, the council will be able to suspend the certificate of
an officer before filing an accusation or a statement of issues.
He asked if it is the intent of the sponsor that the council
should be required to provide any statement of reasons to the
officer.
MS. LUCKY answered that the sponsor is responding to a concern
regarding voluntary relinquishment of a license. She explained
that it is the sponsor's intent to allow an immediate suspension
when it perceives "something is going wrong," so that there is
time to go through the process without the first step being
decertification or revocation. She reiterated the sponsor's
intent to make further improvements to the proposed legislation.
MS. LUCKY, in response to Representative Gruenberg, said the
issue of hearings is covered under AS 44.62.330-630, which is
the Administrative Procedure Act.
8:43:26 AM
MS. LUCKY, in response to Representative Petersen, requested
that the aforementioned amendment in the committee packet be
ignored for the time being.
8:44:19 AM
REPRESENTATIVE GRUENBERG said he is particularly interested in
looking at the contours of what rights a person in the position
of an accused police officer has under due process. He opined
that HB 351 has many constitutional and policy issues to
consider.
8:46:47 AM
REPRESENTATIVE JOHANSEN, regarding Representative Seaton's
mention of suspensions, noted that AS 18.65.240 includes
standards related to education and the physical and mental make-
up of an officer. He said these are issues that can be
addressed and corrected. He said he would like the council to
have the flexibility [to suspend an officer] and for the issue
of suspension to not be restricted to the idea of immorality or
lying.
8:48:03 AM
MS. LUCKY echoed Representative Johansen's remark regarding
allowing the council to use suspension as a tool, and emphasized
that the proposed legislation would not bind the council to
having to suspend someone.
8:48:31 AM
REPRESENTATIVE GRUENBERG mentioned past legislation addressing
the removal of a University of Alaska regent. He remarked that
someone could be under suspension and be under a temporary
disability, and that person should be able to seek a hearing and
reinstatement during the process.
MS. LUCKY [nodded] in response to the chair asking her if she
understands the concern.
8:49:40 AM
REPRESENTATIVE P. WILSON posited that the committee needs to
narrow down the issue related to personal identification.
8:50:16 AM
REPRESENTATIVE SEATON removed his objection to the previously
stated motion to adopt the proposed committee substitute (CS) to
HB 351, Version 27-LS1352\M, Wayne, 4/4/12, as a work draft.
There being no further objection, Version M was before the
committee.
8:51:36 AM
RICHARD BURTON testified that although he is a member of the
Alaska Police Standards Council, he was not testifying in an
official capacity, but was there to impart some history
regarding the council and its standards. He related his
involvement in drafting the language that became the original
police standards law, through Senate Bill 1, in 1971. He said
he served as the commissioner of the Department of Public Safety
during Governor Jay Hammond's term of office and Governor Walter
Hickel's last term of office, and he can offer insight from his
time on the council, which currently totals 14 years. He said
before statehood there were no police standards and "Alaska was
a pretty wild and wooly place." He offered examples. He opined
that since statehood, the state has done a good job in creating
state police, highway patrol, and local law enforcement.
8:54:39 AM
MR. BURTON said when HB 351 was introduced he was shocked,
because he has never seen any officer treated so badly as to
warrant fixing a system that is not broken. He offered to
answer questions. He observed that many issues contained in the
bill belong in the collective bargaining arena. In response to
Representative Keller, he offered further details regarding the
history of law enforcement in the territory of Alaska and into
early statehood. He said there are two definitions in law: a
police officer, which is a person with a badge on the street,
and a peace officer, which could be a deputy marshal or Federal
Bureau of Investigation (FBI) agent, for example. He said
because peace officers do not use patrol cars, answer calls, or
write tickets, he does not see that they need the same level of
training.
8:58:31 AM
REPRESENTATIVE JOHANSEN asked Mr. Burton to address the possible
fiscal impact under HB 351 that may result from training the
additional people.
MR. BURTON offered his understanding that there would be an
additional 400 hours of training, some of it physical, and he
ventured that some court services officers would not be capable
of completing such training. He indicated that the court
services officers would lose the skills they acquired in that
training if those skills were not utilized and kept current.
REPRESENTATIVE JOHANSEN noted that HB 351 would not be heard by
the House Finance Committee. He stated concern about the fiscal
impact.
CHAIR LYNN said the committee needs to delve into that issue.
MR. BURTON said the training would probably occur over several
years and cost "several hundreds of thousands of dollars."
9:02:15 AM
REPRESENTATIVE P. WILSON asked Mr. Burton what he thinks about
giving the ability to suspend to the council.
MR. BURTON said he is not certain how it would be useful. He
said substance abuse problems currently are being handled
administratively through management. He indicated that a police
chief should be able to take care of these problems on his/her
own, rather than foisting them off on the council.
9:03:31 AM
MR. BURTON, in response to Representative Keller, said he cannot
recall an instance where an officer whose certification was
revoked was subsequently rehired. He said what bothers him the
most in the proposed legislation is the change from
preponderance of evidence to clear and convincing evidence. He
opined that it is not right to single out the council to have to
reach a higher standard of proof.
9:05:08 AM
REPRESENTATIVE PETERSEN questioned whether the idea behind
having court services officers increase their training may be
because of increased threats to court personnel.
MR. BURTON responded, "[If] somebody wants to do something,
they're going to do it, and having a degree or high level of
education's not going to stop it." He said currently there are
good people who are dedicated to their jobs providing security.
9:06:34 AM
REPRESENTATIVE SEATON, regarding the provision in HB 351 that
would not allow the council to consider evidence closely related
to disciplinary action under certain circumstances, asked Mr.
Burton if the council has independent authority to generate
subpoena evidence.
MR. BURTON offered his understanding that the council has used
subpoenas to get records.
REPRESENTATIVE SEATON referred to the aforementioned seven
exceptions and asked Mr. Burton if he has concerns about not
being able to gather that information.
MR. BURTON related that he received Version M just this morning,
but said, "It's not real clear how binding some of the previous
action would actually be to prohibit the council from performing
what is statutorily their responsibility." He said he does not
know if this language has to do with a loophole, and he does not
want to offer further opinion before hearing what the council's
attorney has to say.
9:10:16 AM
CHAIR LYNN handed the gavel to Vice Chair Keller.
9:10:42 AM
SHELDON SCHMITT, Police Chief, Sitka Police Department; Chair,
Alaska Police Standards Council (APSC), testified on behalf of
APSC in opposition to HB 351. He explained that he thinks the
proposed legislation would erode the standards to which the
council currently holds police officers. He opined that the
standards are needed now more than ever, and he said he thinks
the proposed legislation would erode the authority of APSC and
undermine the public trust in Alaska's law enforcement.
9:12:32 AM
REPRESENTATIVE SEATON asked Mr. Schmitt if the use of
suspensions would change the mission of the council.
MR. SCHMITT answered that it may. He said there are other
states that have suspension as part of their purview, and he
said he can envision suspension being a tool for the council to
use in specific cases. However, he expressed concern over
turning the council into a disciplinary agency rather than just
a regulatory agency.
9:14:22 AM
REPRESENTATIVE PETERSEN asked if the authority to suspend might
give due process more time to take place.
MR. SCHMITT said he thinks that is a persuasive argument. He
said most departments put the police officer on administrative
leave - paid or unpaid - in order for that due process to take
place, which is, in effect, a suspension.
9:15:46 AM
REPRESENTATIVE P. WILSON asked Mr. Schmitt if he thinks that
under HB 351, a police officer could use the fact that he/she
could be suspended as an excuse to "take a chance a little bit
more than normal."
MR. SCHMITT said he thinks Representative P. Wilson is getting
to the heart of the matter and the reason that he is
uncomfortable with HB 351 in general. He said he has learned as
a lieutenant that the departments with the most instances of bad
behavior are usually the departments in which management has
failed to take disciplinary action. He said taking firm
disciplinary action is basic to the health of any organization.
He agreed that the knowledge that a person could get by with
just a suspension may promote bad behavior.
9:17:43 AM
The committee took a brief at-ease.
9:18:37 AM
JAKE METCALFE, Executive Director, Public Safety Employees
Association, Inc./American Federation of State, County,
Municipal Employees (PSEA/AFSCME) Local 803, stated that under
351, court service officers, which are not currently certified,
would be certified. He described court services officers as:
having jurisdiction within the courts, wearing a badge, carrying
a gun, wearing a uniform, transporting prisoners between court
houses in vehicles and on airplanes, and investigating crimes
that "happen on the court house," serving warrants, and serving
process. He related an incident in January when a person in
custody tried to make a run for the door during a court hearing
and the court services officer caught the man, arrested him, and
put him into custody. He said PSEA thinks that court services
officers do the type of duties that police officers do. Mr.
Metcalfe pointed out that under statute, Village Public Safety
Officers (VPSOs) in rural communities are certified; they do
limited investigations of misdemeanor crimes, but they don't
carry weapons. He said PSEA thinks that certifying court
services officers would address a liability problem in the
state. He said PSEA's members who are court services officers
want to be certified. Mr. Metcalfe said there are three basic
certification levels: basic, intermediate, and advanced. He
said PSEA believes that "a certification under those areas is
very possible and needed for court services officers." He
compared court services officers to airport police and
university police. He said PSEA sees [certification] as
something that would improve policing and be good for the court
system, as well as something that is long overdue.
9:22:25 AM
MR. METCALF addressed the issue of suspension, which he stated
PSEA thinks of as a tool. He said Representative Johansen hit
the nail on the head with his comments about suspension. He
said suspension would not be mandatory, but would be available
to address emotional issues and could be used, for example, in
response to some Class A misdemeanors instead of revoking the
certification of an otherwise good police officer. He said PSEA
supports the ability of APSC to certify and revoke
certifications, but thinks the time has come to "modernize that"
in a fair manner. He urged the committee to pass Version M.
9:24:22 AM
REPRESENTATIVE JOHANSEN asked Mr. Metcalf if he believes the
training for the court officers would incur cost to the state.
MR. METCALF responded that any kind of training would cost
money; however, he said the court services officers already get
training, so it would depend on how much extra training they
would be given. He mentioned the police academy in Sitka,
Alaska, and said the department would be the best judge of who
would need to be sent there.
REPRESENTATIVE JOHANSEN questioned whether court services
officers would expect an increase in pay after completing
additional training.
MR. METCALF said that is an issue he thinks will not be brought
forth, because the court services officers have a classification
that would not change; they would not be doing the same duties
as police officers. In response to a follow-up question from
Representative Johansen, he said it is not the intent of PSEA to
respond to the increased training requirements under HB 351 by
asking for the classification level of court services officers
to be raised.
9:28:12 AM
REPRESENTATIVE P. WILSON said she would like to know the current
number of hours of training undergone by court services officers
and police officers and how much the hours for court services
officers would change under HB 351.
MR. METCALF offered his understanding that "the basic is 400
hours," but he said he could bring the exact numbers to the next
hearing.
9:28:56 AM
REPRESENTATIVE SEATON said the committee heard that termination
notices are sent to the council, but asked whether
administrative leave or other personnel actions are sent. He
said, "I'm unaware of why you would get to the level of where
you would need a suspension of a license when the employer puts
people on administrative leave for those kinds of reasons."
9:30:19 AM
MR. METCALF responded by offering his understanding that when a
person is terminating, the department sends over an F4 form,
which explains the reason for the termination. He said in
addition to getting notice from the department, there can be
complaints filed by the public about the conduct of the police
officer or APSE could read a story about the conduct of the
police officer or the police officer could report him/herself.
[HB 351 was held over.]
^CONFIRMATION HEARING(S): ALASKA PUBLIC OFFICES COMMISSION
CONFIRMATION HEARING(S): ALASKA PUBLIC OFFICES COMMISSION
9:32:24 AM
VICE CHAIR KELLER announced that the next order of business was
the confirmation hearing for the nominee to the Alaska Public
Offices Commission.
9:32:31 AM
VANCE SANDERS, Appointee, Alaska Public Offices Commission,
testified as appointee to the Alaska Public Offices Commission
(APOC). He said he thinks serving on the commission would be
interesting and rewarding work. He said his work as an attorney
with Alaska Legal Services and on its board has shown him that
Alaska is an amazing place culturally, economically, and
socially, and he said "it kind of all bubbles up to APOC at some
point." He expressed appreciation to the committee for
considering his appointment.
9:34:41 AM
MR. SANDERS, in response to Representative Petersen, said he has
never run for political office, but has worked on political
campaigns in North Carolina.
9:35:56 AM
MR. SANDERS, in response to Representative Johansen, said the
role of APOC is as a watchdog for lobbyists and candidates, as
well as the consumer arm for the political process in the state.
He said his private practice was as mediator, and as a member of
the commission he plans to apply the standards equally to
everyone who is reviewed by APOC. In response to another
question, he said currently he has no intention of trying for a
justiceship.
9:38:15 AM
REPRESENTATIVE GRUENBERG made a statement in support of Mr.
Sanders.
9:39:13 AM
REPRESENTATIVE GRUENBERG moved to advance the confirmation of
Vance Sanders, appointee to the Alaska Public Offices
Commission, to the joint session for consideration. There being
no objection, the confirmation was advanced.
9:39:48 AM
The committee took a brief at-ease.
SCR 17-GIRL SCOUTS 100TH ANNIVERSARY
9:40:44 AM
VICE CHAIR KELLER announced that the next order of business was
CS FOR SENATE CONCURRENT RESOLUTION NO. 17(STA), Celebrating the
100th anniversary of the Girl Scouts of the United States of
America and proclaiming 2012 as the Year of the Girl.
9:40:56 AM
SENATOR BETTYE DAVIS, Alaska State Legislature, as sponsor,
introduced SCR 17.
9:41:29 AM
KATYA WASSILLIE, Intern, Senator Bettye Davis, Alaska State
Legislature, presented SCR 17 on behalf of Senator Davis,
sponsor. She stated that The Girl Scouts of America was founded
by Juliet Gordon Lowe in 1912 and currently has 2.3 million girl
members and 890,000 adult volunteer members. She noted there
are 50 million Girl Scout alumni in the U.S. She named the
following skills learned by Girl Scouts: a strong sense of
self, positive values, practical and healthful life skills, a
drive for facing and overcoming challenges, and the ability to
think critically and examine different viewpoints in a
situation. These developments are carried over to many other
aspects of life. She related that 10 out of 17 women in the
U.S. Senate, 45 out of 75 women in the U.S. House of
Representatives, and 53 percent of all female business owners
were once Girl Scouts. She said SCR 17 recognizes the positive
impact that The Girl Scouts of America has made on society
throughout the past 100 years and commemorates the organization
by declaring 2012 to be "the Year of the Girl".
9:43:24 AM
REPRESENTATIVE GRUENBERG related that his mother and his wife
were both Girl Scouts, and he stated his support of the proposed
resolution.
9:43:50 AM
REPRESENTATIVE SEATON related that his wife is the service
manager for the Southern Kenai Peninsula Girl Scouts of America,
and he indicated [he and his wife] have been involved with the
organization for over 30 years. He expressed appreciation of
the proposed concurrent resolution and he welcomed the
opportunity to look for further ways to honor the Girl Scouts
for the services they perform for Alaska.
9:44:22 AM
VICE CHAIR KELLER spoke of "information that is floating around
on the Internet" regarding a connection between the Girl Scouts
of America and Planned Parenthood. He asked the sponsor if she
would like to make a statement in response.
SENATOR DAVIS said she is not aware of a connection between the
Girl Scouts and Planned Parenthood, and said the issue is not a
part of the proposed legislation; therefore, she said she does
not have a response to Vice Chair Keller's statement.
VICE CHAIR KELLER said he wants to look into the matter further,
which is part of the reason that he will not yet entertain a
motion to move the bill out of committee.
SENATOR DAVIS requested that Vice Chair Keller give her the
information to which he referred, because she is not familiar
with it. She further stated that that concern should have been
shared with her prior to her coming before the committee for the
hearing on SCR 17.
9:46:00 AM
REPRESENTATIVE PETERSEN said he thinks the Girl Scouts of
America has a great history and is a good organization. He
commented that he recently saw many Girl Scouts in the halls of
the capitol delivering cookies. He stated his support of SCR
17.
VICE CHAIR KELLER announced that SCR 17 was held over.
SB 53-COMMISSION ON THE STATUS OF WOMEN
9:46:50 AM
VICE CHAIR KELLER announced that the final order of business was
CS FOR SENATE BILL NO. 53(FIN), "An Act reestablishing the
Alaska Commission on the Status of Women; and relating to the
purpose and powers of the Alaska Human Relations Commission."
9:46:54 AM
SENATOR BETTYE DAVIS, Alaska State Legislature, introduced SB 53
as sponsor.
9:47:36 AM
CELESTE HODGE, Staff, Senator Bettye Davis, Alaska State
Legislature, presented SB 53 on behalf of Senator Davis,
sponsor. In reference to her more in-depth presentation of SB
53 given to the House State Affairs Standing Committee [on
4/3/12], Ms. Hodge summarized that staggering statistics
regarding the high rate of female victims of sexual assault and
domestic violence in Alaska support the need to reestablish the
Alaska Women's Commission.
9:48:24 AM
REPRESENTATIVE GRUENBERG emphasized his support of SB 53.
9:48:53 AM
ARLISS STURGULEWSKI noted that she served in the Alaska State
Legislature just shortly after the original legislation was
passed in 1978, and was there for its reactivation. She said
she was sorry to see the bill [sunset]. She stated that there
are real issues in foster child care and in the number of high
school students that are dropping out. She said there is a
strong economic divide between rural and urban Alaska, and she
opined there is a real need for a commission that can do special
studies, consider major issues, and distribute information to
people. She asked the committee to support the proposed
legislation, and she emphasized the need for funding so that
people can do outreach throughout the state.
9:51:47 AM
BARBARA BELKNAP, Vision 2020, said she was present as one of two
delegates to Vision 2020, which is a Drexel University College
of Medicine program seeking to achieve equality for women by
2020 in the following specific areas: to increase the number of
women in senior leadership positions in American life; to
achieve pay equity; to educate employers about the value of
policies and practices that enable men and women to share fairly
their family responsibilities; to educate new generations of
girls and boys to respect their differences; and to mobilize
women to vote.
MS. BELKNAP said she remembers that a couple months after the
Alaska Commission on the Status of Women shut its doors during
the administration of former governor Walter J. Hickel, women
from around the state gathered during a conference at Centennial
Hall and stayed afterwards to discuss the governor's decision.
From that meeting came two ideas: a web site that connects
women across the state, called the Alaska Women's Network (AWN),
and a writers' journal for Alaska Women, called Alaska Women
Speak. She said she was one of the co-founders for the network,
as well as its president for many years, and she is a
contributor to the journal. She said that while both were good
vehicles for communicating across the vast state, they could not
replace an official women's commission with staff and resources.
She said AWN has many resources, but does not generate new
resources for the women of Alaska. She said women have found a
way to "make it work" until someone in a position of power could
bring the commission back.
MS. BELKNAP said Governor Sean Parnell has made reducing
violence against women one of his top priorities. She said the
Alaska Commission on the Status of Women printed a handbook
regarding criminal law and violence against women, which also
covered adoption, name changes, and other legal matters that
might surface for a woman in Alaska. She mentioned another
report by the former commission that was a statewide study
showing why girls dropped out of school, which she said is still
a timely issue. Ms. Belknap said in addition to updating old
studies, the commission could look at the wage gap between men
and women in Alaska. She said even though it is against federal
law to pay a woman less than a man for the same job,
discrimination occurs in Alaska and impacts the women, their
families, their communities, and the state. She said the Juneau
Economic Development Council's 2011 report on Juneau and
Southeast economic indicators related the wage disparity in
every civilian job and education level. The report stated that
nationally men earned 29 percent more than their female
counterparts in 2009. In Alaska, men earned 37 percent more for
full-time, year-round employment. In Juneau, where one would
expect wage parity, she said, men earned 42 percent more than
their female counterparts. She related that in 1946,
Representative Munoz' grandmother, Thelma Engstrom, introduced
legislation in the Alaska Territorial Legislature for pay equity
between men and women. Ms. Belknap said, "That was 66 years
ago, and we aren't there."
9:56:06 AM
MS. BELKNAP expressed the following as facts: far too many
women get paid less than men for the same jobs, which is
illegal, unfair, and [adversely] impacts the economy; Alaska
leads the country in violence of men against women; and because
the cost of living in Alaska is high, women with low incomes can
get stuck in dangerous relationships, because they cannot afford
to take care of themselves and their children. Ms. Belknap said
pay equity and prevention of violence against women are two of
her interests, and SB 53 encompasses a wide range of women's
issues that need to be addressed. She said there are
approximately 200 state and city women's commissions in the U.S.
She said she is struck by the volunteer work women do in the
state to make Alaska a better place. She stated that the
governor and the legislature can send all Alaskans the message
that the women are valued for the contributions they make in
Alaska. She urged the committee to support SB 53. She
concluded, "No non-profit can do the caliber of work an official
women's commission can do if it is fully funded, nonpartisan,
and supported by the governor and the legislature."
9:58:03 AM
CAREN ROBINSON, Lobbyist, Alaska Women's Lobby (AWL), testified
in support of SB 53. She stated that a women's commission could
provide relevant materials to policy makers in both the
executive and legislative branches of government geared toward
improving the lives of women. Furthermore, a commission could
provide a forum for women across the state to exchange ideas and
strategies for improving their lives. She listed the following
that a women's commission could address going forward: issues
that would bring women voters to the polls and involve them in
the political process; jobs in which young women, ages 16-20,
would be interested and education and skill-building
opportunities for those women; pay equity between men and women;
the reduction of barriers to women's access to health care; and
the economic status of older women. She said AWL would
appreciate the committee's moving forward SB 53.
[SB 53 was held over.]
10:00:20 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 10:00
a.m.