Legislature(2013 - 2014)CAPITOL 106

02/28/2013 08:00 AM House STATE AFFAIRS


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08:05:10 AM Start
08:05:34 AM Confirmation Hearing(s): || Alaska Commission on Human Rights
08:54:22 AM Confirmation Hearing(s): || Alaska State Board of Parole
09:27:42 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
- State Commission for Human Rights
- Board of Parole
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 28, 2013                                                                                        
                           8:05 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bob Lynn, Chair                                                                                                  
Representative Wes Keller, Vice Chair                                                                                           
Representative Lynn Gattis                                                                                                      
Representative Shelley Hughes                                                                                                   
Representative Doug Isaacson                                                                                                    
Representative Jonathan Kreiss-Tomkins                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Charisse Millett                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Alaska Commission on Human Rights                                                                                             
                                                                                                                                
     Christa Bruce-Kotrc - Ketchikan                                                                                            
     Jason Hart - Anchorage                                                                                                     
     Grace Merkes - Sterling                                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska State Board of Parole                                                                                                  
                                                                                                                                
     Sarah Possenti - Fairbanks                                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CHRISTA BRUCE-KOTRC, Appointee                                                                                                  
State Commission for Human Rights                                                                                               
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the State                                                                      
Commission for Human Rights.                                                                                                    
                                                                                                                                
JASON HART, Appointee                                                                                                           
State Commission for Human Rights                                                                                               
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Testified   as  appointee  to  the  State                                                             
Commission for Human Rights.                                                                                                    
                                                                                                                                
GRACE MERKES, Appointee                                                                                                         
State Commission for Human Rights                                                                                               
Sterling, Alaska                                                                                                                
POSITION  STATEMENT:    Testified   as  appointee  to  the  State                                                             
Commission for Human Rights.                                                                                                    
                                                                                                                                
SARAH POSSENTI, Appointee                                                                                                       
Alaska State Board of Parole                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   Testified as appointee to  the Alaska State                                                             
Board of Parole.                                                                                                                
                                                                                                                                
TOM STENSON, Legal Director                                                                                                     
American Civil Liberties Union (ACLU) of Alaska                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified  during the  confirmation hearing                                                             
for  Sarah  Possenti, Appointee  to  the  Alaska State  Board  of                                                               
Parole.                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:05:10 AM                                                                                                                    
                                                                                                                                
CHAIR BOB LYNN called the  House State Affairs Standing Committee                                                             
meeting to order at 8:05  a.m.  Representatives Keller, Isaacson,                                                               
Gattis,  Hughes, Kreiss-Tomkins,  and  Lynn were  present at  the                                                               
call to order.                                                                                                                  
                                                                                                                                
^Confirmation Hearing(s):                                                                                                       
^Alaska Commission on Human Rights                                                                                              
                    Confirmation Hearing(s):                                                                                
               Alaska Commission on Human Rights                                                                            
                                                                                                                                
8:05:34 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that  the first order  of business  was the                                                               
confirmation hearing  for appointees to the  Alaska Commission on                                                               
Human Rights.                                                                                                                   
                                                                                                                                
8:05:45 AM                                                                                                                    
                                                                                                                                
CHRISTA  BRUCE-KOTRC,  Appointee,   State  Commission  for  Human                                                               
Rights, related  that she moved to  Alaska over 40 years  ago and                                                               
worked in the public schools and  as an adjunct professor for the                                                               
University  of Alaska.   She  recently  shifted from  development                                                               
work at  the Ketchikan  Medical Center  Foundation to  the Alaska                                                               
Health  Education  Center  in  Ketchikan.    She  said  she  also                                                               
facilitates  clinical  rotations  for  University  of  Washington                                                               
students in the area.  She  said she is a gubernatorial appointee                                                               
to both the Alaska Humanities  Forum and the State Commission for                                                               
Human Rights.  She stated that it  has been an honor to serve the                                                               
people  of  Alaska.    She  said she  has  found  the  commission                                                               
"exceptionally  professional"  in  its  focus on  the  rights  of                                                               
citizens, and  she commented on  the personal  connection between                                                               
the commission and the public.                                                                                                  
                                                                                                                                
8:07:49 AM                                                                                                                    
                                                                                                                                
MS. BRUCE-KOTRC, in  response to Chair Lynn,  said the commission                                                               
focuses generally on discrimination cases.                                                                                      
                                                                                                                                
8:08:39 AM                                                                                                                    
                                                                                                                                
MS. BRUCE-KOTRC, in response  to Representative Hughes, confirmed                                                               
that she  had been seeking  a position  on the Board  of Regents,                                                               
but when the State Commission  on Human Rights contacted her, she                                                               
decided a position on the commission  would be a good fit because                                                               
of  her background.   In  response to  a follow-up  question, she                                                               
said if  a position on the  Board of Regents comes  up again, she                                                               
would be interested in it; however,  she is currently happy to be                                                               
serving on the commission.                                                                                                      
                                                                                                                                
MS.   BRUCE-KOTRC,  in   response   to  Chair   Lynn,  said   the                                                               
discrimination seen by the commission  is based on issues such as                                                               
race, gender, and "lifestyle."                                                                                                  
                                                                                                                                
8:10:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON mentioned a  contentious decision made by                                                               
the commission regarding "the Goldstream  store" in the Fairbanks                                                               
area.   He  asked what  Ms. Bruce-Kotrc's  thought process  is in                                                               
determining the real issue of each case.                                                                                        
                                                                                                                                
MS. BRUCE-KOTRC  told Representative  Isaacson that she  does not                                                               
know what  he is referencing because  she was not involved.   She                                                               
stated  that  it was  important  to  her  to ascertain  that  the                                                               
commission is appropriate  and follows the law  in its processes.                                                               
She emphasized how  impressed she is with the  way the commission                                                               
handles  people,  even  while  being  "tremendously  overloaded."                                                               
Regarding constitutional  rights - not just  for individuals, but                                                               
also for businesses  - she said she does not  see any biases, and                                                               
thinks  the commission  tries hard  to discover  the facts.   She                                                               
related a  recent example in  which she said the  commission went                                                               
out of  its way to ensure  it treated the complainant  fairly and                                                               
equitably.  She said she  has seen this impartial treatment given                                                               
to parties on both sides of the issue.                                                                                          
                                                                                                                                
REPRESENTATIVE ISAACSON  remarked that all  constitutional rights                                                               
currently seem to be reinterpreted,  and he asked Ms. Bruce-Kotrc                                                               
if she  frames constitutional  rights as  popular opinion  at the                                                               
time.                                                                                                                           
                                                                                                                                
MS. BRUCE-KOTRC answered  that is a topic for  a long discussion.                                                               
Nevertheless, she said  her background has made her  proud of the                                                               
country's hard  work and success  where "other countries  seem to                                                               
be  struggling."   She  said  she  is protective  of  fundamental                                                               
rights.   She opined  that Alaska  has done a  good job  with its                                                               
constitution, and she  stated her intent to honor  it and, within                                                               
reason, the right  of individuals to pursue  their dreams without                                                               
infringement.                                                                                                                   
                                                                                                                                
REPRESENTATIVE ISAACSON  described situations in  which employers                                                               
conduct  business  as  they see  fit,  sometimes  with  religious                                                               
convictions, a  focus on public  service, or for  capitalism, and                                                               
employees who  feel entitled bring  down the business  instead of                                                               
"moving on  to find a job  that better suits them  or something."                                                               
He asked Ms. Bruce-Kotrc, "What's your thought process on this?"                                                                
                                                                                                                                
8:17:00 AM                                                                                                                    
                                                                                                                                
MS.  BRUCE-KOTRC stated  that Representative  Isaacson is  keenly                                                               
aware of the  heart of the issues the commission  addresses.  She                                                               
said a  related issue  occurred when she  first was  appointed to                                                               
the  commission  where  the  consideration  was  whether  it  was                                                               
necessary or frivolous for the  individual involved to "stab" the                                                               
business.     She  stated,  "We   don't  need  to   treat  things                                                               
frivolously."  She said she thinks  the commission did a good job                                                               
in that  situation by  suggesting to  the individual  that "there                                                               
may be a  better fit for you."   She expressed her  hope that the                                                               
decisions made by the commission  are good decisions for the long                                                               
term.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  ISAACSON  expressed  hope  that  Ms.  Bruce-Kotrc                                                               
would  remember  her   words  while  she  serves.     When  small                                                               
businesses are fined  - as a result of  protecting one individual                                                               
- and  do not have the  funds to pay, the  employer and employees                                                               
suffer the loss  when the business is closed.   He opined that it                                                               
is important  to protect  the rights  of individuals,  while also                                                               
delineating  "the greater  picture."   He suggested  making fines                                                               
appropriate  if  they  are  required  and  considering  that  not                                                               
everyone has  a business in a  large urban area or  can swallow a                                                               
large expense.                                                                                                                  
                                                                                                                                
MS. BRUCE-KOTRC said  there is an instance where it  is right and                                                               
appropriate  to let  a  business  know that  it  needs to  handle                                                               
things   differently,  while   protecting  the   rights  of   the                                                               
individual.   She said it is  a balancing act, but  hopefully, at                                                               
the  end of  the process,  both  parties are  wiser, have  better                                                               
communication skills, and work harder toward resolution.                                                                        
                                                                                                                                
8:20:07 AM                                                                                                                    
                                                                                                                                
MS. BRUCE-KOTRC,  in response  to Chair Lynn,  said she  does not                                                               
know how  the fines are  set, because  she has not  been involved                                                               
with fines.                                                                                                                     
                                                                                                                                
8:20:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES concurred  with Representative  Isaacson's                                                               
concern  and said  she  appreciates that  both  the employer  and                                                               
employee are people who have human rights.                                                                                      
                                                                                                                                
MS.  BRUCE-KOTRC, in  response to  questions from  Representative                                                               
Hughes  about   Ms.  Bruce-Kotrc's  resume,  ventured   that  the                                                               
confirmation hearing  date of 3/1/12  shown on the resume  may be                                                               
related to her finishing out  someone else's term.  Regarding the                                                               
"Project  on Social  Justice," she  explained that  she had  been                                                               
invited by  the U.S.  State Department  to Azerbaijan,  where she                                                               
was  involved  with  students talking  about  social  issues  and                                                               
initiating conversations  with American children in  Alaska.  She                                                               
stated that  the ultimate  goal of  this type  of exchange  is to                                                               
better people's understanding of the U.S.   She said she has been                                                               
in  several   post-Soviet  democracies.    She   offered  further                                                               
details.                                                                                                                        
                                                                                                                                
8:25:28 AM                                                                                                                    
                                                                                                                                
JASON HART,  Appointee, State Commission  for Human  Rights, said                                                               
he was  born and raised in  Anchorage, Alaska, and his  family is                                                               
Ahtna Athabascan  and Menominee Indian.   He stated  his interest                                                               
in  serving both  the  state  of Alaska,  as  well  as the  Ahtna                                                               
people.  He said the commission  has a rich history, and he would                                                               
be honored to serve on it.                                                                                                      
                                                                                                                                
MR. HART relayed that he has  a Master's degree in Business and a                                                               
bachelor's degree in  Business Management.  He  said he currently                                                               
works  at  the  Alaska  Native Tribal  Health  Consortium,  doing                                                               
special  projects,   and  he  previously  managed   the  benefits                                                               
department  and  was the  plan  administrator  who handled  final                                                               
appeals from  plan participants.   He said he served  seven years                                                               
in the Air  National Guard, was recently appointed  to the Zoning                                                               
Board  of Examiners  by  Anchorage Mayor  Dan  Sullivan, and  was                                                               
confirmed by the municipal board.                                                                                               
                                                                                                                                
8:27:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON  asked Mr. Hart what  his thought process                                                               
is in determining the facts of an issue.                                                                                        
                                                                                                                                
MR. HART answered that it is  important to consider all the facts                                                               
with equal weight.  He said he  would put himself in the shoes of                                                               
both the person filing the  complaint and the party against which                                                               
the complaint  was filed, and  he would strive  for impartiality.                                                               
In  response to  a  follow-up  question, he  said  the basis  for                                                               
determining right  and wrong would  depend on the  situation, but                                                               
said he thinks  "most individuals kind of think the  same when it                                                               
comes to what's  right and what's wrong."  He  gave an example in                                                               
which an employer has discriminated  against an employee based on                                                               
that employee's  race or  disability, and he  said he  thinks "we                                                               
all know  that that's wrong."   He mentioned situations  in which                                                               
an  employee takes  advantage  of  an employer,  and  he said  he                                                               
thinks there  are "a lot  of things that  are going to  be pretty                                                               
clear cut when you listen to the facts of the case."                                                                            
                                                                                                                                
8:30:20 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  asked Mr. Hart if  he thinks "right" and  "wrong" are                                                               
[predetermined] or are relative to the facts of a case.                                                                         
                                                                                                                                
MR. HART answered he thinks right  and wrong would be relevant to                                                               
each case,  as well as  be determined by  the laws of  Alaska and                                                               
the governing documents of the commission.                                                                                      
                                                                                                                                
REPRESENTATIVE ISAACSON  opined that without  standards, somebody                                                               
will  be  treated unfairly.    He  reiterated his  remarks  about                                                               
entitlement,  and he  asked  Mr.  Hart how  he  would figure  out                                                               
whether someone is "using the process to punish an employer."                                                                   
                                                                                                                                
8:32:22 AM                                                                                                                    
                                                                                                                                
MR.  HART  reiterated the  importance  of  looking at  the  facts                                                               
pertaining to  the particular case  and to consider all  sides of                                                               
the  matter.   He said  it  would also  be important  to look  at                                                               
previous cases that may have  similar circumstances.  He ventured                                                               
that the reason  the commission has seven members  is to consider                                                               
the views and opinions of multiple people.                                                                                      
                                                                                                                                
8:33:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON asked Mr. Hart  what the purpose of fines                                                               
is and how they are assessed.                                                                                                   
                                                                                                                                
MR. HART  offered his understanding, after  attending one meeting                                                               
of  the commission,  that the  fines are  derived by  following a                                                               
specific  formula, for  example, whether  there was  "salary that                                                               
the employee, for some reason, wasn't  paid" or "a number of days                                                               
that the employee wasn't able to  be at work."  He clarified that                                                               
he  thinks [the  amount of  fines] is  "defined by  the governing                                                               
documents for  the commission."   In response  to Chair  Lynn, he                                                               
offered his  understanding that the  fines are  more compensatory                                                               
than punitive.                                                                                                                  
                                                                                                                                
8:35:35 AM                                                                                                                    
                                                                                                                                
GRACE  MERKES,  Appointee,  State Commission  for  Human  Rights,                                                               
relayed that she has served on  the commission for over 10 years,                                                               
and she said she thinks it is  important for at least some of the                                                               
commission members  to have  some experience  with discrimination                                                               
law and case practice.  Ms.  Merkes said she and her husband came                                                               
to Alaska in  1956 and have eight children.   She referred to her                                                               
resume in  the committee packet,  and said although she  does not                                                               
have the kind of education  other appointees have, her experience                                                               
and  education is  in real  life.   She  said she  would like  to                                                               
remain on the  commission because she believes  in the importance                                                               
of   investigating   discrimination   actions   and   coming   to                                                               
conclusions that are unbiased and fair  to all.  She said she has                                                               
background in  how Alaska's discrimination  law is written.   She                                                               
said, "If  the legislators feel that  there needs to be  a change                                                               
in the law, then we need to  pursue that."  She stated her belief                                                               
that all  people are  created equal and  should be  treated thus.                                                               
She said she served on the  [Kenai] Borough Assembly for 17 years                                                               
and has  a lot of  experience in making unbiased  decisions after                                                               
studying the  issues and listening to  the people.  She  said she                                                               
is  familiar with  the commission's  process  of investigating  a                                                               
case and  mediating to try  to reach  a settlement before  a case                                                               
must go  to hearing.  She  stated she thinks it  is important for                                                               
Alaskan citizens  to have  a Human  Rights Commission  to address                                                               
perceived  discrimination.   She asked  the committee  to support                                                               
her confirmation.                                                                                                               
                                                                                                                                
8:39:30 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN said if he had  to choose between education and common                                                               
sense, he  would chose common sense,  which he opined is  not all                                                               
that common.                                                                                                                    
                                                                                                                                
8:39:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER   said  having  spent  10   years  on  the                                                               
commission, and serving  on other commissions, he  knows the work                                                               
involved.  He said Ms. Merkes'  experience could be valuable.  He                                                               
asked her if there is a  certain segment of society in which most                                                               
of the discrimination cases arise.                                                                                              
                                                                                                                                
8:40:26 AM                                                                                                                    
                                                                                                                                
MS.  MERKES answered  that that  information can  be found  in an                                                               
annual report produced by the  commission.  Notwithstanding that,                                                               
she  estimated  that  at  least  90 percent  of  the  cases  that                                                               
actually   go   to   hearings  are   regarding   employment   and                                                               
"nationality."   There  are cases  regarding gender,  as well  as                                                               
some disability cases.                                                                                                          
                                                                                                                                
8:41:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  thanked  Ms.  Merkes  for  her  work  and                                                               
acknowledged that he has received the reports.                                                                                  
                                                                                                                                
8:42:11 AM                                                                                                                    
                                                                                                                                
MS.  MERKES recollected  that a  previous  speaker had  mentioned                                                               
fines.  She continued:                                                                                                          
                                                                                                                                
     Personally,  I  don't  really   call  them  fines,  but                                                                    
     basically ...  I understand ...  they are ...  based on                                                                    
     ...  employment,  and  if  someone  gets  fired  for  a                                                                    
     certain  reasons,   a  lot  of   times  they   call  it                                                                    
     retaliation -  they're retaliated against  because they                                                                    
     reported   some   kind   of   discrimination   to   the                                                                    
     commission.     And  if  they  lose   their  job,  then                                                                    
     basically, ...  according to the law,  they're supposed                                                                    
     to  look for  another job,  but  we have  to make  them                                                                    
     whole  up 'till  they do  find another  job, so  that's                                                                    
     kind of based  on how long it takes them  to find a job                                                                    
     and if they were really  looking and ... what they were                                                                    
     getting paid.   ... We  also apply interest to  it, and                                                                    
     the  interest  is  also  based   on  the  Alaska  state                                                                    
     discrimination law.                                                                                                        
                                                                                                                                
8:43:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES concurred with  Chair Lynn regarding common                                                               
sense.   She posited that Ms.  Merkes is valuable because  of her                                                               
real life  experience, including  the raising of  eight children.                                                               
She  thanks Ms.  Merkes for  her  public service  and stated  the                                                               
importance of  the institutional  knowledge Ms. Merkes  brings to                                                               
the commission.                                                                                                                 
                                                                                                                                
8:44:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON opined that  Ms. Merkes has an impressive                                                               
resume.  He  asked Ms. Merkes to describe her  thought process in                                                               
determining who and what is "right."                                                                                            
                                                                                                                                
MS. MERKES responded that the  commission must follow the law and                                                               
there has  to be  substantial evidence.   The commission  has the                                                               
opportunity to determine  whether a person is  being truthful and                                                               
what  his/her   reason  for   coming  forward   is.     She  said                                                               
administrative law judges decide  the cases and the commissioners                                                               
divide the  case reviews; therefore, not  every commissioner will                                                               
know about  every case.   She relayed one sexual  harassment case                                                               
that was based  on the location and  type of job.   She said that                                                               
type  of job  in this  case made  the idea  of sexual  harassment                                                               
different from that  in another location with other  people.  She                                                               
said,  "That, to  me, is  kind of  using common  sense and  being                                                               
reasonable  and what  really happens  in certain  kinds of  jobs.                                                               
So, those  are [the]  kinds of things  we have to  look at.   You                                                               
know,  those aren't  black and  white."   She indicated  that she                                                               
evaluates each case thoroughly.                                                                                                 
                                                                                                                                
CHAIR LYNN stated  his assumption that some cases come  down to a                                                               
"she said/he said." situation.                                                                                                  
                                                                                                                                
MS. MERKES confirmed that is correct.                                                                                           
                                                                                                                                
8:48:19 AM                                                                                                                    
                                                                                                                                
MS.  MERKES, in  response  to Representative  Isaacson, said  the                                                               
standard upon which information  presented by attorneys is judged                                                               
is  the anti-discrimination  law.   She  offered further  details                                                               
about the hearing  process.  In response to  a follow-up question                                                               
regarding retaliation,  she said  if no  discrimination occurred,                                                               
then the commission would not get involved.                                                                                     
                                                                                                                                
REPRESENTATIVE  ISAACSON  offered  a  hypothetical  situation  in                                                               
which  an  employer talks  about  his  religious beliefs  and  an                                                               
employee  is offended.   He  said it  is becoming  more prevalent                                                               
that  someone who  has been  offended perceives  that offense  as                                                               
discrimination.  He  remarked, "They're using the  process to get                                                               
back at the employer, and yet  the employer put sweat, blood, and                                                               
tears ...  into building a  business so that  there's opportunity                                                               
for employment."                                                                                                                
                                                                                                                                
MS. MERKES  indicated she does not  think an employee has  a case                                                               
against an  employer who  is religious and  perhaps is  trying to                                                               
pass his/her religion on to the employee.                                                                                       
                                                                                                                                
                                                                                                                                
8:53:49 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 8:54 a.m.                                                                                 
                                                                                                                                
^Confirmation Hearing(s):                                                                                                       
^Alaska State Board of Parole                                                                                                   
                    Confirmation Hearing(s):                                                                                
                  Alaska State Board of Parole                                                                              
                                                                                                                              
8:54:22 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that  the final order  of business  was the                                                               
confirmation hearing for the appointee  to the Alaska State Board                                                               
of Parole.                                                                                                                      
                                                                                                                                
8:54:49 AM                                                                                                                    
                                                                                                                                
SARAH  POSSENTI, Appointee,  Alaska State  Board of  Parole, said                                                               
she was  born and raised  in Fairbanks, Alaska, and  attended the                                                               
University   of  Alaska   Fairbanks  (UAF),   where  she   earned                                                               
undergraduate  degrees  in  justice  and in  social  work.    She                                                               
relayed that  she worked almost  12 years as a  probation officer                                                               
for the  State of  Alaska, 8  of those years  spent in  the field                                                               
supervising  inmates released  back  in to  the  community.   She                                                               
offered further details.   She said following that  she worked in                                                               
an institution as  a probation officer and worked  closely with a                                                               
treatment  center  to  get  inmates   into  its  substance  abuse                                                               
treatment  program  and  see  them through  that  process.    She                                                               
relayed  that two  years ago,  she  was confirmed  to the  Alaska                                                               
State  Board of  Parole to  fill a  vacated seat.   She  said she                                                               
enjoys serving  on the  board.   She said  she thinks  she brings                                                               
good perspective  in terms  of working  in the  field and  in the                                                               
institutions  closely  with  [former]  inmates who  live  in  the                                                               
community and  inmates who are  incarcerated for long  periods of                                                               
time.   She stated that  she would appreciate the  opportunity to                                                               
be confirmed for another appointment.                                                                                           
                                                                                                                                
8:56:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  thanked Ms.  Possenti  for  her work  and                                                               
invited her to  bring further insights to committee  members.  He                                                               
said  the number  of incarcerated  is  projected to  grow and  he                                                               
thinks there will be a greater emphasis on the board.                                                                           
                                                                                                                                
8:57:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  referred to  a letter  "expressing concern                                                               
about the  make-up of the  parole board and those  with knowledge                                                               
of Alaska  Native issues and rural  issues."  She noted  that Ms.                                                               
Possenti had training  related to those issues, and  she said she                                                               
would like to hear how that might  play a part in her role on the                                                               
board.                                                                                                                          
                                                                                                                                
8:58:25 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  interjected that a  representative from  the American                                                               
Civil  Liberties Union  (ACLU) of  Alaska was  on line  and might                                                               
like to speak to that issue.                                                                                                    
                                                                                                                                
8:58:40 AM                                                                                                                    
                                                                                                                                
MS.  POSSENTI  responded  that  although she  is  not  an  Alaska                                                               
Native,  she   was  born  and   raised  in  the  state   and  has                                                               
appreciation for  the issues  that are  prevalent for  the Alaska                                                               
Native community.   She talked about the  considerations given by                                                               
the board  for all inmates,  including Alaska Natives,  who, upon                                                               
release, may  be returning  to rural villages  that do  not offer                                                               
rehabilitation programs.   To address the issue,  she said, there                                                               
is  a big  commitment from  the commissioner  to educate  inmates                                                               
while incarcerated, so that when  they do get released, they have                                                               
already  attended some  of those  rehabilitation  programs.   She                                                               
said she has  worked closely with village  public safety officers                                                               
(VPSOs)  regarding this  issue.   She  related  that sometimes  a                                                               
released inmate  might have  to spend  time in  an urban  area to                                                               
complete a  rehabilitation program before moving  back to his/her                                                               
village, and she  said there is housing available  in urban areas                                                               
for  this  purpose.   She  said  some  sex offenders  are  Alaska                                                               
Native, and  she works  with treatment centers  to "base  some of                                                               
the treatment  on what their  understanding was" and  to consider                                                               
"how  things would  look for  their safety  plans when  they went                                                               
back to the rural area that they were from."                                                                                    
                                                                                                                                
9:03:08 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN stated  his assumption  that "this"  is based  on the                                                               
challenges  an individual  may face  in his/her  community rather                                                               
than on race or ethnicity.                                                                                                      
                                                                                                                                
MS. POSSENTI answered that is correct.   She said there are a lot                                                               
of "people who live in rural  areas who are Alaska Native, and we                                                               
take all  of that  into consideration."   She said  decisions are                                                               
made based  upon consideration of  risks and  available treatment                                                               
and safety plans.                                                                                                               
                                                                                                                                
9:04:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HUGHES  asked,   "As  you're   making  decisions                                                               
regarding an  individual, are  you following  specific guidelines                                                               
in  statutes and  [regulations] or  do you  have quite  a bit  of                                                               
flexibility,  as far  as those  decisions?"   She said  she would                                                               
also  like  to  know  "how  much  you  interface  with  workforce                                                               
opportunities for those being released."                                                                                        
                                                                                                                                
9:05:08 AM                                                                                                                    
                                                                                                                                
MS. POSSENTI responded  that part of the  parole process includes                                                               
consideration of the  person's history and plans  for the future,                                                               
both shown  in the application  and through verbal  and nonverbal                                                               
communication during  a face-to-face  interview.  She  said there                                                               
are regulations regarding when a  person can apply, based on what                                                               
crime  has been  committed and  how  much time  has been  served;                                                               
however, she added that "we do  have some flexibility in terms of                                                               
...  maybe making  more of  a  customized release  plan for  this                                                               
person and  what it  is that they  need."   Regarding employment,                                                               
she  said  many  inmates  can   earn  their  general  educational                                                               
development  (GED) and  gain hands-on  experience in  skills that                                                               
may help them find a job once they  are released.  She said it is                                                               
possible to make  individual release plans rather  than a blanket                                                               
plan.  She  emphasized the importance of  continuing education or                                                               
programing without a gap.                                                                                                       
                                                                                                                                
9:09:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES disclosed that she  was a contractor in the                                                               
prison system who  worked with inmates on getting  their GEDs and                                                               
helping  them prepare  to  enter the  workforce.   She  expressed                                                               
concern that  a lot  of those released  from prison  break parole                                                               
and  end  up  back  in  prison.   Regarding  the  "Alaska  Native                                                               
situation," she said "the numbers"  are known and are disturbing.                                                               
She  asked if  the  parole  board has  the  opportunity to  "make                                                               
recommendations to  help with that assimilation."   She expressed                                                               
hope  that  there are  non-profit,  faith-based  groups that  are                                                               
"trying to  help with that,"  and she  asked Ms. Possenti  if she                                                               
has  interaction  with those  groups  in  attempting to  "improve                                                               
those statistics and not have so many breaking parole."                                                                         
                                                                                                                                
MS.  POSSENTI  replied  that  there  are  a  number  of  programs                                                               
available linking  parolees to  housing opportunities  and groups                                                               
available to help,  such as the Native  Justice Re-entry Program,                                                               
in Anchorage,  Alaska.  She stated  that it would be  nice to see                                                               
more of these programs in the  rural areas.  She reemphasized the                                                               
importance of providing  "some kind of program"  to those inmates                                                               
being  released.   Ms. Possenti  related  there is  a much  lower                                                               
recidivism rate  - 7-9 percent -  in those inmates who  apply for                                                               
discretionary parole  as compared  to those  who are  released by                                                               
mandatory  parole.   She said  [the board]  has interaction  with                                                               
those who  have applied  for discretionary  parole, but  does not                                                               
see those who are released on mandatory parole.                                                                                 
                                                                                                                                
9:14:05 AM                                                                                                                    
                                                                                                                                
TOM  STENSON,  Legal  Director, American  Civil  Liberties  Union                                                               
(ACLU) of Alaska, introduced himself.                                                                                           
                                                                                                                                
CHAIR  LYNN  directed attention  to  the  second paragraph  of  a                                                               
letter  in  the committee  packet  [written  by Jeffrey  Mittman,                                                               
Executive Director  of the  ACLU of  Alaska], dated  2/27/13, and                                                               
read,  "The  purpose   of  our  letter  is   intended  to  prompt                                                               
discussion of the [Alaska State]  Parole Board's general function                                                               
and  how  parole  board  members are  selected  generally."    He                                                               
indicated that  Mr. Stenson  wrote in the  letter that  "this has                                                               
nothing  to do  with Ms.  Possenti  personally."   He stated  his                                                               
understanding that  the purpose  of the confirmation  hearing was                                                               
to discuss  the qualification of  the appointees, not  to discuss                                                               
"the  general  function."    He  said  he  was  hoping  that  Mr.                                                               
Stenson's comments  pertained particularly  to Ms. Possenti.   He                                                               
directed attention  to page 2 of  the letter and read,  "The ACLU                                                               
would urge  the committee  to reject  the proposed  applicant and                                                               
push  for  appointment of  members  familiar  with daily  village                                                               
life, et  cetera."   He stated, "We  do not  discriminate against                                                               
applicants based  on race  or ethnicity or  where they  happen to                                                               
live in  the state of  Alaska."  He  invited Mr. Stenson  to make                                                               
his statement "with those comments in mind."                                                                                    
                                                                                                                                
9:16:10 AM                                                                                                                    
                                                                                                                                
MR. STENSON said  he is not asking the  committee to discriminate                                                               
based on ethnicity  or race, nor did he state  in the letter that                                                               
an Alaska  Native must be appointed.   He said what  he did point                                                               
out in the letter is that  there is a legal requirement that "the                                                               
governor shall  make appointments  to the  board with  due regard                                                               
for  the  representation on  the  board  of the  ethnic,  racial,                                                               
sexual, and cultural populations of the  state."  He said that is                                                               
a legal requirement  that the legislature produced,  and he asked                                                               
the  legislature  to  consider that  requirement  in  considering                                                               
whether or not an appointment is appropriate.                                                                                   
                                                                                                                                
MR.   STENSON  questioned   Chair   Lynn's   statement  that   no                                                               
discrimination  shall be  made based  on where  people come  from                                                               
within  the  state,  because  the   same  statute  makes  a  firm                                                               
requirement that there shall be  at least one parole board member                                                               
from the  first judicial  district, at least  one from  the third                                                               
judicial district,  and at  least one from  the second  or fourth                                                               
judicial district.  He said  that requirement is there to prevent                                                               
the existence  of a board whose  members are made up  solely with                                                               
representation  from Anchorage  or the  Southcentral region.   He                                                               
said that  requirement does not  embody the belief  that everyone                                                               
from Anchorage  is bad; it  is there  because of the  belief that                                                               
the board  functions best when it  has a wide variety  of opinion                                                               
and represents the broad spectrum of  Alaskans.  He said, "If Ms.                                                               
Possenti  were   from  the  third   judicial  district   and  her                                                               
nomination  would leave  the parole  board with  no one  from the                                                               
second or  fourth district, I  think it would be  appropriate for                                                               
me to  draw that  requirement to  the committee's  attention, and                                                               
this is a similar statutory requirement."                                                                                       
                                                                                                                                
9:19:01 AM                                                                                                                    
                                                                                                                                
MR. STENSON  expressed concern that  in Alaska, where  18 percent                                                               
of the  population is  Alaska Native, 35-36  percent of  those in                                                               
custody are Alaska  Native, and while 25 percent  of parolees and                                                               
probationers are  Alaska Native, 43  percent of those  who return                                                               
to prison are  Alaska Native.  Mr. Stenson said  he is not making                                                               
accusations  or   leveling  allegations,   he  is   asking  tough                                                               
questions.                                                                                                                      
                                                                                                                                
MR.  STENSON, in  response to  Chair  Lynn, said  there are  five                                                               
members  of the  board.   Currently, three  of those  members are                                                               
from  the  third  judicial district,  from  Kenai,  Wasilla,  and                                                               
Anchorage; one member  is from the first  judicial district, from                                                               
Juneau, and  Ms. Possenti, the  fifth member, is from  the fourth                                                               
judicial district,  from Fairbanks.   In response to  a follow-up                                                               
question, he said if Ms.  Possenti is reappointed or someone else                                                               
from the second  or fourth judicial districts  is appointed, then                                                               
"the composition would be appropriate  under the requirement that                                                               
all districts be represented."  He  said, "I was using that as an                                                               
analogy towards  this requirement that the  government shall make                                                               
appointments with  due regard to  representation on the  board of                                                               
the ethnic, racial,  ... sexual, and cultural  populations of the                                                               
state."                                                                                                                         
                                                                                                                                
9:21:04 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  said the  committee's task today  is to  consider the                                                               
appointment of  one person,  Ms. Possenti, to  the board,  and he                                                               
said he  does not think it  is within the committee's  purview to                                                               
consider "this other issue, if it is an issue."                                                                                 
                                                                                                                                
MR. STENSON  responded that ultimately  the vote will  be whether                                                               
to move  the appointees forward to  a joint session of  the House                                                               
and  Senate,  but,  as  he noted  for  previous  appointees,  the                                                               
committee  has  broad  authority  to ask  whatever  questions  it                                                               
likes.                                                                                                                          
                                                                                                                                
9:22:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER expressed  appreciation for  Mr. Stenson's                                                               
testimony, but  said he concurs  with Chair  Lynn that it  is not                                                               
germane  to whether  or not  the committee  shall "put  this name                                                               
forward."                                                                                                                       
                                                                                                                                
9:23:15 AM                                                                                                                    
                                                                                                                                
MR.  STENSON concluded  that nothing  will change  if "we"  don't                                                               
look at  these statistics and  ask hard questions.   He expressed                                                               
his hope that  the committee will follow up  appropriately on the                                                               
concerns raised in the aforementioned letter.                                                                                   
                                                                                                                                
CHAIR LYNN expressed  his hope that matters  of incarceration and                                                               
parole are never treated in a discriminatory manner.                                                                            
                                                                                                                                
9:24:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KELLER   indicated   that  the   Department   of                                                               
Corrections came  before the  House Judiciary  Standing Committee                                                               
with information  akin to  that presented by  Mr. Stenson  in the                                                               
ACLU  of  Alaska's  letter, and  legislators  are  struggling  to                                                               
respond  appropriately  to  the  alarming  information  that  was                                                               
brought forward.   He said he does not want  Mr. Stenson to think                                                               
or say that [the legislature] is not concerned.                                                                                 
                                                                                                                                
CHAIR LYNN echoed Representative Keller's remark.                                                                               
                                                                                                                                
9:25:16 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN,  after ascertaining  that there was  no one  else who                                                               
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
9:25:41 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN reviewed the legislative confirmation process.                                                                       
                                                                                                                                
9:26:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON  said each of the  appointees has his/her                                                               
own distinctive perspective and appears to be qualified.                                                                        
                                                                                                                                
9:26:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON  moved to  advance  the  names of  Sarah                                                               
Possenti,  appointee to  the Alaska  State Board  of Parole,  and                                                               
Christa Bruce-Kotrc, Jason Hart,  Grace Merkes, appointees to the                                                               
Alaska  Commission on  Human Rights,  for consideration  in joint                                                               
session by the  House and Senate.  There being  no objection, the                                                               
names were advanced.                                                                                                            
                                                                                                                                
9:27:42 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee  meeting was adjourned  at 9:28                                                               
a.m.                                                                                                                            

Document Name Date/Time Subjects
Human Rights Bruce-Kotrc.PDF HSTA 2/28/2013 8:00:00 AM
Gov Appointee - Commission Human Rights - Bruce-Kotrc
Human Rights - Hart.PDF HSTA 2/28/2013 8:00:00 AM
Gov Appointee - Commission Human Rights - Hart
Human Rights - Merkes.PDF HSTA 2/28/2013 8:00:00 AM
Gov Appointee - Commission Human Rights - Merkes
Board of Parole - Possenti.PDF HSTA 2/28/2013 8:00:00 AM
Gov Appointee - Board of Parole - Possenti