Legislature(2013 - 2014)CAPITOL 106

04/02/2013 08:00 AM House STATE AFFAIRS


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08:01:43 AM Start
08:02:59 AM Confirmation Hearing(s):|| Alaska Public Offices Commission|| Alaska Police Standards Council
08:10:27 AM HB186
08:35:21 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
- Alaska Police Standards Council
- Alaska Public Offices Commission
*+ HB 186 DEFINITION OF POLICE OFFICER TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 2, 2013                                                                                          
                           8:01 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bob Lynn, Chair                                                                                                  
Representative Wes Keller, Vice Chair                                                                                           
Representative Lynn Gattis                                                                                                      
Representative Shelley Hughes                                                                                                   
Representative Doug Isaacson                                                                                                    
Representative Charisse Millett                                                                                                 
Representative Jonathan Kreiss-Tomkins                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Alaska Public Offices Commission                                                                                              
                                                                                                                                
      Ron King - Kasilof                                                                                                        
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Police Standards Council                                                                                               
                                                                                                                                
      Thomas "Bob" Kean - Chugiak                                                                                               
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 186                                                                                                              
"An Act relating to police standards and amending the definition                                                                
of 'police officer.'"                                                                                                           
                                                                                                                                
     - MOVED HB 186 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 186                                                                                                                  
SHORT TITLE: DEFINITION OF POLICE OFFICER                                                                                       
SPONSOR(s): REPRESENTATIVE(s) MILLETT                                                                                           
                                                                                                                                
03/25/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/25/13       (H)       STA                                                                                                    
04/02/13       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RON KING, appointee                                                                                                             
Alaska Public Offices Commission (APOC)                                                                                         
Kasilof, Alaska                                                                                                                 
POSITION STATEMENT:  Testified as appointee to the Alaska Public                                                              
Offices Commission (APOC).                                                                                                      
                                                                                                                                
THOMAS "BOB" KEAN, appointee                                                                                                    
Alaska Police Standards Council (APSC)                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the Alaska Police                                                              
Standards Council (APSC).                                                                                                       
                                                                                                                                
VASILIOS GIALOPSOS, Staff                                                                                                       
Representative Charisse Millett                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on HB
186 on behalf of Representative Millett, sponsor.                                                                               
                                                                                                                                
MARK MEW, Chief of Police                                                                                                       
Anchorage Police Department (APD);                                                                                              
Member                                                                                                                          
Alaska Police Standards Council (APSC)                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 186.                                                                  
                                                                                                                                
TERRY VRABEC, Deputy Commissioner                                                                                               
Office of the Commissioner                                                                                                      
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 186.                                                                          
                                                                                                                                
SHELDON SCHMITT, Chief of Police                                                                                                
City and Borough of Sitka;                                                                                                      
Chair                                                                                                                           
Alaska Police Standards Council (APSC)                                                                                          
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:  Testified during the hearing on HB 186.                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:01:43 AM                                                                                                                    
                                                                                                                                
CHAIR BOB LYNN called the  House State Affairs Standing Committee                                                             
meeting to order at 8:01  a.m.  Representatives Hughes, Isaacson,                                                               
Keller,  Gattis, and  Lynn were  present  at the  call to  order.                                                               
Representatives  Millett   and  Kreiss-Tomkins  arrived   as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^CONFIRMATION HEARING(S):                                                                                                       
^Alaska Public Offices Commission                                                                                               
^Alaska Police Standards Council                                                                                              
                    CONFIRMATION HEARING(S):                                                                                
                Alaska Public Offices Commission                                                                            
                Alaska Police Standards Council                                                                             
                                                                                                                                
8:02:59 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  announced  that  the first  order  of  business  was                                                               
confirmation  hearings for  the  governor's  appointments to  the                                                               
Alaska  Police Standards  Council and  the Alaska  Public Offices                                                               
Commission.                                                                                                                     
                                                                                                                                
8:04:29 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
CHAIR  LYNN requested  that Mr.  Keen  call back  on a  different                                                               
telephone to try for a better connection.                                                                                       
                                                                                                                                
8:05:38 AM                                                                                                                    
                                                                                                                                
RON  KING, Appointee,  Alaska Public  Offices Commission  (APOC),                                                               
stated that  as a  life-long Republican,  he believes  in America                                                               
and its political system, part of  which in Alaska is APOC, which                                                               
was created to review allegations  that state laws or regulations                                                               
may  not have  been  followed, and  which  ensures integrity  and                                                               
encourages public confidence  in the political system.   Mr. King                                                               
said  that although  he was  unable  to hold  an elective  office                                                               
within the Republican  Party, because of his  employment with the                                                               
State of  Alaska, he is  familiar with the political  process and                                                               
has  attended Republican  Party  meetings  and conventions  since                                                               
1980.   He said his experiences  directly related to the  role of                                                               
an APOC commissioner include his  longtime service on the "Rules"                                                               
and "Credentials  Committees" and his service  as parliamentarian                                                               
at district  conventions.  Mr.  King relayed that  throughout his                                                               
professional  career as  a public  servant for  34 years,  he has                                                               
held positions  of increasing  responsibility that  have required                                                               
independent policy and professional  decision [making], review of                                                               
federal and state laws and  regulations, and complex budgets.  He                                                               
stated his  belief that  his experience would  give him  a unique                                                               
view of the many issues that would be brought before APOC.                                                                      
                                                                                                                                
8:08:12 AM                                                                                                                    
                                                                                                                                
THOMAS  "BOB" KEAN,  appointee, Alaska  Police Standards  Council                                                               
(APSC),  stated that  he is  a former  federal agent,  who served                                                               
with the  Federal Bureau  of Investigation  (FBI); was  the state                                                               
counter drug coordinator for Alaska for  12 years; and has been a                                                               
long-time board  member on the  Alaska Police  Standards Council.                                                               
He stated his  belief that his background in  law enforcement and                                                               
long-time  standing in  the  state make  him  qualified to  serve                                                               
Alaska on the council.                                                                                                          
                                                                                                                                
8:08:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT thanked Mr. Kean  for taking her son under                                                               
his  wing  and  inviting  him  to be  part  of  Doyon  [Universal                                                               
Services].                                                                                                                      
                                                                                                                                
CHAIR LYNN asked  if there is a conflict of  interest [because of                                                               
the association].                                                                                                               
                                                                                                                                
REPRESENTATIVE MILLETT answered no.                                                                                             
                                                                                                                                
8:09:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES observed that Mr.  Kean had listed years in                                                               
military  service  on  his  resume  [included  in  the  committee                                                               
packet], and she thanked him for it.                                                                                            
                                                                                                                                
8:09:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to  advance the  names of  Ron King,                                                               
appointee  to the  Alaska Public  Offices Commission,  and Thomas                                                               
"Bob"  Kean, appointee  to the  Alaska Police  Standards Council,                                                               
for  consideration in  joint  session by  the  House and  Senate.                                                               
There being no objection, the names were advanced.                                                                              
                                                                                                                                
              HB 186-DEFINITION OF POLICE OFFICER                                                                           
                                                                                                                                
8:10:27 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the final order of  business was HOUSE                                                               
BILL NO. 186,  "An Act relating to police  standards and amending                                                               
the definition of 'police officer.'"                                                                                            
                                                                                                                                
8:10:59 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:11 a.m. to 8:13 a.m.                                                                       
                                                                                                                                
8:12:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  introduced  HB  186, as  sponsor.    She                                                               
paraphrased the  first couple sentences of  the sponsor statement                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
          Currently, the definition of a police officer in                                                                      
     state  statutes  includes  the   words  "a  full  time"                                                                    
     employee.    This  inadvertent language  allows  police                                                                    
     departments  in  cities, boroughs,  municipalities  and                                                                    
     even  state  agencies  to  potentially  hire  otherwise                                                                    
     unqualified  police  officers  under  "part  time"  and                                                                    
     "seasonal" conditions.                                                                                                     
                                                                                                                                
REPRESENTATIVE MILLETT  said HB  186 would  [remove "full-time"],                                                               
thus closing  a loophole.  She  explained that under HB  186, all                                                               
police officers  serving the  public sector,  no matter  how many                                                               
hours per week, would be trained police officers.                                                                               
                                                                                                                                
8:14:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON asked for  confirmation that the proposed                                                               
legislation would not change the status  of someone who was not a                                                               
police officer into someone who is one.                                                                                         
                                                                                                                                
8:15:34 AM                                                                                                                    
                                                                                                                                
VASILIOS  GIALOPSOS,  Staff,   Representative  Charisse  Millett,                                                               
Alaska State  Legislature, on  behalf of  Representative Millett,                                                               
sponsor  of HB  186, responded  to Representative  Isaacson.   He                                                               
indicated  that the  Alaska Police  Standards Council  (APSC) and                                                               
the Department  of Public Safety  (DPS) are concerned  that under                                                               
current statute, a police officer  not in full-time status may be                                                               
considered unqualified  to make  an arrest  or seek  warrant, for                                                               
example.  He related that there  would be no fiscal impact [under                                                               
HB 186].  In response to  a follow-up question, he confirmed that                                                               
[the proposed legislation] was requested by APSC.                                                                               
                                                                                                                                
8:17:01 AM                                                                                                                    
                                                                                                                                
MR. GIALOPSOS, in response to  Representative Hughes, deferred to                                                               
Mr. Vrabek of  DPS, Mark Mew of APSC, and  Sheldon Schmitt, Chief                                                               
of Police  in Sitka,  to answer how  many part-time  police staff                                                               
would  be included  under  HB  186 and  who  currently makes  the                                                               
decisions  that a  part-time  officer's actions  are  or are  not                                                               
valid.                                                                                                                          
                                                                                                                                
8:18:27 AM                                                                                                                    
                                                                                                                                
MARK  MEW, Chief  of Police,  Anchorage Police  Department (APD);                                                               
Member, Alaska  Police Standards Council (APSC),  stated that the                                                               
council  is concerned  that  in smaller  towns  there are  people                                                               
enforcing  the  law  and  engaging  in  activities  as  a  police                                                               
officer, and  the council  has no authority  over them,  thus, it                                                               
cannot regulate  them.  He said  it is difficult to  say how many                                                               
cases  there are,  because  they are  invisible  to the  council;                                                               
therefore, the council  does not have the  ability to investigate                                                               
them.  He  said another related issue, but not  included under HB
186, is whether APSC can regulate peace officers.                                                                               
                                                                                                                                
MR.  MEW said  the council  sets the  standards for  training and                                                               
qualifications,  and  it  certifies  officers.   By  setting  the                                                               
standards, the  council controls what  the requirements are.   He                                                               
said  if someone  does not  perform well  and is  terminated from                                                               
DPS,  if  the  conduct  is  severe  enough,  the  council  should                                                               
intercede and have  the ability to remove  certification, so that                                                               
the person in question does not  go from small town to small town                                                               
"surfacing in other  capacities."  He said the  council sees that                                                               
happen with  full-time officers,  but is able  to intervene.   He                                                               
said he  does not see  this issue so much  as chief of  police in                                                               
Anchorage, but does see it when involved in council activities.                                                                 
                                                                                                                                
MR. MEW,  regarding a prior  question about  improperly collected                                                               
evidence or some other activity  a part-time, unregulated officer                                                               
may perform that threatens or  derails a criminal case, responded                                                               
as follows:                                                                                                                     
                                                                                                                                
     That  would not  be the  council that  would make  that                                                                    
     decision;  that  probably would  boil  up  in trial,  I                                                                    
     would think.  Either the  prosecutor would look at this                                                                    
     and  say,  "I can't  even  bring  it forward,"  or  the                                                                    
     status  of the  officer would  surface as  an issue  in                                                                    
     trial, and  I think  that's ...  where the  thing would                                                                    
     derail.                                                                                                                    
                                                                                                                                
8:22:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KELLER    questioned   whether    the   proposed                                                               
legislation  would   result  in   increased  expenses   to  small                                                               
communities  through  an  unfunded  mandate  to  provide  further                                                               
training, for example.                                                                                                          
                                                                                                                                
8:23:05 AM                                                                                                                    
                                                                                                                                
MR.  MEW   surmised  that  the  training   would  "cost  somebody                                                               
something."    He  said the  Anchorage  Police  Department  hires                                                               
people and covers the cost of  sending them to the state academy.                                                               
He  offered   his  understanding   that  some   academy  trainees                                                               
participate on their  own dime, hoping to get  hired later, while                                                               
others are sponsored by the state.   He said it may be that small                                                               
communities  will expect  the part-timers  to  have obtained  the                                                               
necessary training on  their own before being  eligible for hire.                                                               
He  suggested  that  the  liability that  could  be  incurred  by                                                               
something  done  by  an  untrained  officer  might  be  way  more                                                               
expensive than  the cost  of paying  for that  person's training.                                                               
Further,  he said  he thinks  there  would be  an opportunity  to                                                               
bring in  officers from other  states who could take  "the short-                                                               
order version of the course."   He suggested other testifiers may                                                               
know more about that process than he does.                                                                                      
                                                                                                                                
8:24:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER asked if APSC  allows for the difference in                                                               
skills needed  for working  in a  village versus  in a  city, and                                                               
whether it  considers qualifications of safety  training that has                                                               
been incurred in the military.                                                                                                  
                                                                                                                                
8:25:27 AM                                                                                                                    
                                                                                                                                
MR. MEW  responded that APSC  sets training  standards, including                                                               
the number  of hours necessary  and that the instructors  must be                                                               
certified.  He  said the courses are taught  in Sitka, Anchorage,                                                               
and  Fairbanks.   He said  the state  minimum standards  are less                                                               
burdensome than the  cities [may] require, because  once a person                                                               
is trained at  the state level, there may be  a need for training                                                               
related to  local issues.   For example,  in Anchorage  there are                                                               
municipal policies and local ordinances.                                                                                        
                                                                                                                                
8:26:54 AM                                                                                                                    
                                                                                                                                
MR.  MEW,  in  response  to Representative  Hughes,  offered  his                                                               
understanding  that under  HB  186, towns  would  still have  the                                                               
ability  to hire  part-timers; however,  those part-timers  would                                                               
have  to meet  the same  requirements as  those hired  full-time.                                                               
That  means that  part-time  officers would  know  how to  handle                                                               
evidence correctly and  have a certificate to prove it.   He said                                                               
officers will make mistakes from  time to time, whether certified                                                               
or not,  but actions taken  without certification  may jeopardize                                                               
cases.   In response to  a follow-up question, he  confirmed that                                                               
under HB 186, all police  officers, no matter whether hired full-                                                               
time or not,  would have to have proper  certification.  Further,                                                               
they would all have to  have background screening that would show                                                               
they do not "have issues in  their lives that would preclude them                                                               
from being trusted with a badge and a gun."                                                                                     
                                                                                                                                
8:30:06 AM                                                                                                                    
                                                                                                                                
TERRY VRABEC,  Deputy Commissioner,  Office of  the Commissioner,                                                               
Department of  Public Safety (DPS),  stated that DPS  supports HB
186.   He  stated  that regulations  have been  set  to show  the                                                               
minimum qualifications  that must be  met [as a  police officer];                                                               
however, in  the past some  agencies have knowingly  hired people                                                               
who lacked the  minimum qualifications.  For  example, one agency                                                               
hired someone with a domestic  violence conviction, which clearly                                                               
is in violation  of regulations, but the department  could not do                                                               
anything  directly.   He  said  he  had  to  work with  the  city                                                               
manager, who eventually fired the person.                                                                                       
                                                                                                                                
MR. VRABEC  echoed Mr.  Mew's statement that  the state  sets the                                                               
minimum standards  so that all  police officers have  the minimum                                                               
training, and  some communities then  require more training.   He                                                               
related  that  the  average  cost of  the  academy  currently  is                                                               
$10,000, and the council has been covering that cost.                                                                           
                                                                                                                                
MR.  VRABEC,  regarding  lateral transfers,  confirmed  that  the                                                               
state does  accept officers  from Outside,  but it  makes certain                                                               
the officers transferring  in have basic training  and then sends                                                               
them to  a "mini  academy" to give  them some  "Alaska training."                                                               
He said APSC covers that cost, as well.                                                                                         
                                                                                                                                
MR. VRABEC  stated that  the department feels  that HB  186 would                                                               
help "clean this  up a little bit" and now  allow small cities to                                                               
get into a  bad situation where they realize after  the fact that                                                               
they should  not have hired someone.   He concluded, "I  think we                                                               
owe that to the state."                                                                                                         
                                                                                                                                
8:33:13 AM                                                                                                                    
                                                                                                                                
SHELDON  SCHMITT, Chief  of Police,  City and  Borough of  Sitka;                                                               
Chair,  Alaska  Police  Standards  Council  (APSC),  stated  that                                                               
[APSC] voted to  change the aforementioned loophole,  and said he                                                               
thinks  "we" owe  it to  the public  to ensure  all officers  are                                                               
qualified and fall under the purview  of the council.  He said he                                                               
thinks  Mr. Mew  did  a good  job talking  about  the items  that                                                               
concern the council.  He offered to answer questions.                                                                           
                                                                                                                                
8:34:12 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN, after  ascertaining there was no one  else who wished                                                               
to testify, closed public testimony.                                                                                            
                                                                                                                                
8:34:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to  report HB  186 out  of committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
note.   There being no  objection, HB  186 was reported  from the                                                               
House State Affairs Standing Committee.                                                                                         
                                                                                                                                
8:35:21 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee  meeting was adjourned  at 8:35                                                               
a.m.                                                                                                                            

Document Name Date/Time Subjects
01 HB0186A.pdf HSTA 4/2/2013 8:00:00 AM
HB 186
02 HB 186 Sponsor Statement.pdf HSTA 4/2/2013 8:00:00 AM
HB 186
03 HB 186 Sectional Analysis.pdf HSTA 4/2/2013 8:00:00 AM
HB 186
04 HB186-DPS-APSC-03-29-13.pdf HSTA 4/2/2013 8:00:00 AM
HB 186
Police Standards - Kean #4.pdf HSTA 4/2/2013 8:00:00 AM
Governor's Appointments
Public Offices - King #4.pdf HSTA 4/2/2013 8:00:00 AM
Governor's Appointments