Legislature(2015 - 2016)CAPITOL 106
04/05/2016 08:00 AM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Appointee, Personnel Board | |
| Commissioner, Department of Corrections | |
| Appointee, Alaska Police Standards Council | |
| Commissioner, Department of Corrections | |
| Overview: Department of Corrections on the Governor's Administrative Review Results | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 5, 2016
8:05 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Louise Stutes
Representative David Talerico
Representative Liz Vazquez
Representative Jonathan Kreiss-Tomkins
Representative Ivy Spohnholz
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Personnel Board
Keith Hamilton, PhD - Soldotna
- CONFIRMATION(S) ADVANCED
Department of Corrections
Commissioner Dean Williams - Anchorage
- CONFIRMATION(S) ADVANCED
Alaska Police Standards Council
Brad Reich - Kiana
- CONFIRMATION(S) ADVANCED
OVERVIEW(S): DEPARTMENT OF CORRECTIONS ON THE GOVERNOR'S
ADMINISTRATIVE REVIEW RESULTS
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
KEITH HAMILTON, Ph.D., Appointee
Personnel Board
Division of Personnel & Labor Relations
Department of Administration (DOA)
Soldotna, Alaska
POSITION STATEMENT: Testified as Appointee to the Personnel
Board.
DEAN WILLIAMS, Commissioner Designee
Department of Corrections (DOC)
Anchorage, Alaska
POSITION STATEMENT: Testified as appointed commissioner of the
Department of Corrections.
BRAD REICH, Appointee
Alaska Police Standards Council (APSC)
Kiana, Alaska
POSITION STATEMENT: Testified as an appointee to the Alaska
Police Standards Council (APSC).
ACTION NARRATIVE
8:05:35 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:05 a.m. Representatives Stutes, Keller,
Vazquez, Talerico, and Lynn were present at the call to order.
Representatives Spohnholz and Kreiss-Tomkins arrived as the
meeting was in progress.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
CHAIR LYNN announced that the first order of business would be
the confirmation hearing of the various boards and commissions.
He said that the committee would not be taking public testimony
on any of the agenda items, due primarily to time constraints.
^Appointee, Personnel Board
Appointee, Personnel Board
8:07:01 AM
KEITH HAMILTON, PhD, Appointee to the Personnel Board, Division
of Personnel & Labor Relations, Department of Administration
(DOA), relayed that he is the president of the Alaska Christian
College in Soldotna. He said that he has already served a six-
year term on the Personnel Board and also serves on the Alaska
State Board of Education and the Alaska Commission on Post-
Secondary Education.
DR. HAMILTON related that he enjoyed his six years of serving on
the Personnel Board, especially regarding its oversight of state
hiring and personnel issues, as well as ensuring the ethical
integrity of the executive branch. He mentioned that the board
has been fairly bored the last couple of years because of the
low number of complaints against those in the executive branch.
He expressed his desire to serve on the board for another six
years.
8:08:36 AM
REPRESENTATIVE KELLER moved to advance the confirmation of Dr.
Hamilton, Appointee to the Alaska State Personnel Board, to the
joint session of the House and Senate for consideration. He
noted that the vote of the House State Affairs Standing
Committee does not indicate approval or disapproval. There
being no objection, the confirmation of Dr. Hamilton was
advanced.
^Commissioner, Department of Corrections
Commissioner, Department of Corrections
[Contains brief discussion of SB 91.]
8:09:48 AM
CHAIR LYNN announced that the next order of business would be
the confirmation hearing of for the appointment of Dean Williams
as commissioner of the Department of Corrections (DOC).
CHAIR LYNN recognized the DOC employees present at the hearing
and acknowledged their service.
DEAN WILLIAMS, Commissioner Designee, Department of Corrections
(DOC), voiced his appreciation for all of the DOC employees in
attendance at the hearing. He said he welcomes the opportunity
to be heard in a public forum - that is, to explain who he is
and why he is there. He asked for the support of the committee
members and requested that the DOC employees at the hearing,
whether or not they agree with him, "give us a chance to move
forward with this department."
COMMISSIONER WILLIAMS stated that he spent most of the 32 years,
prior to coming out of retirement, directing juvenile
correctional and treatment facilities in Alaska - both the
largest and the smallest. He related that he worked in rural
Alaska for 11 years. He spent about eight years in the
Department of Law (DOL): performing follow-up investigations on
sexual assault and sexual abuse of minors in Nome and Kotzebue;
performing special investigations for the Office of Special
Prosecutions and Appeals; and piloting a program for volunteers
in the district attorneys' offices.
8:13:32 AM
COMMISSIONER WILLIAMS related that his proudest accomplishment
was the expulsion/suspension school that he developed while at
McLaughlin Youth Center, just before his first retirement. He
offered that the purpose of this initiative was to shut down the
"school to prison pipeline," to keep young people out of jail
and in school. He added that he performed national work on this
effort, and that the reform area in juvenile corrections is one
in which he is very familiar.
COMMISSIONER WILLIAMS claimed that he wants to "do something in
this job, not be something in this job." He opined that his
intention in coming back to work in state government was not to
make a mark. He claimed that in his first two weeks in the
position, he made very difficult decisions about who should be
on his leadership team. He mentioned two of his choices, Claire
Sullivan and Bruce Busby, and asserted that "putting these
people in place is not so I can win, it's so the department can
win. It's about putting people in positions that can lead the
department beyond me." He went on to say, "My goal is not to do
something or make a mark in this department. My goal is to help
other people win and make a mark and lead their areas."
COMMISSIONER WILLIAMS maintained that there are very good people
in the department - something he has known for months since he
and Joe Hanlon did the DOC administrative review for the
governor. He said that "what shocked us most was how many
people were suffering sort of under a very difficult sky and
doing great work. We saw that everywhere we went." He added,
"I wouldn't put myself in this spot, to be quite frank, if I
didn't see the potential of where the department can go."
COMMISSIONER WILLIAMS went on to say that "part of our challenge
and part of what I know is in front of me ... is not that what
we see, but what we can't see." He stated that his goal is to
set a vision and have those around him provide wise council, and
for that reason, his team is critically important. He
reiterated that his legacy means nothing; it's the legacy of the
people near him, who will lead the department beyond his tenure.
COMMISSIONER WILLIAMS opined that there are changes that the
department needs to go through, and he expressed his belief that
the governor appointed him to make changes. He conceded that
being a "change-agent" is not always "a fun place to be at
times" when you have a very large organization that needs help,
but he contended that most of the [DOC employees] sitting in the
committee hearing room know they need help. He maintained that
the department is seriously understaffed and there are real
security issues. He offered, "I'm going into this eyes wide
open" and has always asked that of those offering him positions.
COMMISSIONER WILLIAMS added that his hope is not in his
abilities, but in the people he brings to his team and in his
faith. He reiterated that the reason he is there is not to be
something in the job but to do something in the job. He
conceded that he'll make mistakes, but "the wisdom I hope I
bring to the position is not because of what I know but what I
don't know and bringing people near me that can help lead this
department off of a rocky course to much smoother waters." He
offered his belief, "that's why I am here, that's why I believe
God has called me to this, and I couldn't be prouder that, even
with the troubles and problems we have, when I meet people every
day and get them aside one on one, I know why I'm here, and I
believe in this department, and I believe where we're going."
8:18:37 AM
REPRESENTATIVE STUTES said that she is aware of the high rate of
recidivism among the incarcerated in the state and also aware
that much of the recidivism seems to be directly related to
mentally ill people who are incarcerated. She offered that these
circumstances are difficult, not just on the incarcerated, but
on DOC staff working with them, and creates a dangerous
situation. She asked Commissioner Williams for his vision for
addressing this, which she maintained is a crisis situation in
the state.
COMMISSIONER WILLIAMS responded that the correctional facilities
in the state are, in many cases, de facto psychiatric hospitals.
He maintained that DOC deals with severely mentally ill inmates,
and it is a tremendous problem which exists around the country.
He noted the erosion of community-based programs and treatment,
putting people with severe mental problems back on the streets
where they then get into trouble. He declared that correctional
facilities do a very good job of keeping people locked up but
not a good job of dealing with people with severe mental health
and psychiatric problems. He maintained that this situation is
very difficult on the staff and very difficult to deal with.
COMMISSIONER WILLIAMS went on to say that the question of how
DOC investigates itself came up during the administrative
review. He said that having a professional conduct unit and
doing an internal investigation is not about catching employees
doing the wrong thing, although it is good to identify staff who
are not appropriate for that kind of work. He mentioned that he
recently visited Wyoming and maintained that its professional
conduct unit was amazing; the recidivism rate in Wyoming is 25
percent, compared with Alaska's 63 percent. He stressed that in
addressing the failure of dealing with people with psychiatric
disorders, it is important to be honest about what the problem
is and to recognize that there is no overnight fix. He put
forth the questions: "Where is the right direction? How we are
doing things right now and where do we retool and realign
resources?" He maintained that Alaska is spending a lot of
money inside correctional facilities, and some really good work
is being done. He said that the importance of a feedback loop,
in terms of problem-solving, is something that he has looked at
in other states. He asserted that he has observed other states
managing their inmate population better, demonstrating a model
of change backed by research.
COMMISSIONER WILLIAMS claimed that the medical unit staff in the
state correctional system are keenly aware of successes and
failures. He stated that forward progress for the department
involves understanding what is happening with medical care,
which includes mental health. He declared that he is scheduled
to meet with the medical department as soon as the Second
Session of the Twenty-Ninth Alaska State Legislature has
concluded, to secure real expertise for medical care at the
facilities and explore additional possibilities for treating the
significantly severe, psychiatric inmates. He stated, "We're
winning on some areas, but not on others." He maintained that
getting to where the department needs to be is a process.
8:23:14 AM
REPRESENTATIVE KELLER mentioned that he has served on the Alaska
Criminal Justice Commission and acknowledged the hard work ahead
for DOC. He asked Commissioner Williams to expound on his ideas
and vision for the parole system services.
COMMISSIONER WILLIAMS responded that his initial concern is to
ensure that Jeff Edwards is retained as the Executive Director
of the Parole Board. He maintained that Mr. Edwards has a good
sense of the Parole Board's current status, the policy issues,
and what is working well. He has already started the process of
reviewing what the Parole Board is doing, sought the services of
national experts, and looked at cost reductions. Commissioner
Williams maintained that Mr. Edwards is anticipating the coming
changes for handling parole. Commissioner Williams reminded the
committee and the audience that the changes that would occur
through the passage of SB 91 would only increase the workload
for the Parole Board. Commissioner Williams offered that as
commissioner he would trust Mr. Edwards' abilities and skills,
provide him the security and framework to identify the
weaknesses, and provide him with what he needs to succeed.
Commissioner Williams expressed his appreciation for the
competence and experience of the members of the parole board.
8:26:42 AM
CHAIR LYNN asked Commissioner Williams when and why he moved to
Alaska and from where.
COMMISSIONER WILLIAMS relayed that he came to Alaska in 1980,
right after college, with three bags and $300. He maintained
that he planned to spend the summer in Alaska, but within the
year became a youth counselor at McLaughlin Youth Center and was
"hooked" on Alaska.
CHAIR LYNN asked Commissioner Williams why, in the face of a
state government hiring freeze, he would hire a media person for
approximately $80,000, rather than a correctional officer. He
noted that the shortage of correctional officers has caused many
of the problems discussed at the hearing.
COMMISSIONER WILLIAMS acknowledged that shortage of staff at DOC
is significant. He noted a study by SENATOR COGHILL [a
Sacramento, California, based research company, which created
the study titled, "Alaska Department of Corrections System
Staffing Analysis," dated February 9, 2016] reported that DOC
was down about 130 positions. He acknowledged the premise of
Chair Lynn's question to be exactly right. He said that he and
his staff have already begun the planning process for addressing
this issue. He added that the Anchorage complex is the most
stressed and difficult place to work.
CHAIR LYNN repeated Commissioner Williams's claim that more
correctional officers are needed.
COMMISSIONER WILLIAMS said that the options were more
correctional officers, less inmates, and ways to reduce the
inmate population, which he believed would be addressed by SB 91
and some of the extremely important efforts.
CHAIR LYNN asked if Commissioner Williams agreed that more
correctional officers are needed.
COMMISSIONER WILLIAMS offered his belief that the SENATOR
COGHILL study was a good study, and the study reported that 60
to 70 correctional officers are needed.
CHAIR LYNN asked why the state would use limited money to hire a
media person.
COMMISSIONER WILLIAMS responded that the goal in hiring Corey
Allen-Young was to tell a story. He referred the committee
members to an article in Saturday's newspaper about "the farm"
and contended that DOC needs to tell a story that the department
is doing a lot of things so that people will come back to them
and assist them. He opined that running DOC is a state issue
and not just a DOC issue. Because if it's just his issue alone
and the people who work for him, DOC is in trouble. He needs
the public to see that this is a department worth investing in,
that we don't run away from the thing that is troubling us in
regards to this department. It is a policy call of what can be
gotten from the media position and what resources it can bring
to the department by virtue of telling their story. The story
is DOC has great people working for it who are doing good work.
He said that on a short term basis, he would have wanted another
correctional officer, but for him it was a very important policy
call about making sure the people understand the worthiness of
the department.
COMMISSIONER WILLIAMS, in response to Chair Lynn, confirmed that
the Office of the Governor was very supportive of his hiring
decision. He reiterated that he believed that it was the right
policy call to direct resources to provide the public with an
understanding of the important work DOC is doing, and to be very
transparent when things go wrong. The media position will tell
the DOC story, tell it honestly, and hold him and the department
accountable. He expressed appreciation for Chair Lynn's concern
regarding the need for additional correctional officers.
CHAIR LYNN commented that his choice would have been to hire a
correctional officer instead of someone to tell the story.
[The confirmation hearing for Commissioner Williams was set
aside and addressed again later in the meeting.]
8:33:02 AM
The committee took a brief at-ease at 8:33 a.m.
^Appointee, Alaska Police Standards Council
Appointee, Alaska Police Standards Council
8:33:17 AM
BRAD REICH, Appointee to the Alaska Police Standards Council
(APSC), Department of Public Safety (DPS), stated that he is the
Director of Public Services for the Northwest Arctic Borough and
oversees the Village Public Safety Officer (VPSO) program. He
said that he currently serves on the Alaska Police Standards
Council and wishes to serve another term. He stated that his
intent for serving is: to make sure there is good training; to
look for ways to improve public safety in Alaska; and to
maintain ethics within policing, public safety, and corrections.
REPRESENTATIVE KELLER thanked Mr. Reich for his service and his
willingness to perform this important function.
REPRESENTATIVE KELLER moved to advance the confirmation of Brad
Reich, Appointee to the Alaska Police Standards Council, to the
joint session of the House and Senate. He noted that the vote
of the House State Affairs Standing Committee does not indicate
approval or disapproval. There being no objection, the
confirmation of Mr. Reich was advanced.
^Commissioner, Department of Corrections
Commissioner, Department of Corrections
8:35:20 AM
CHAIR LYNN announced the continuation of the confirmation
hearing for the appointment of Dean Williams as commissioner of
the Department of Corrections.
CHAIR LYNN asked Commissioner Williams if he had ever run for
public office.
COMMISSIONER WILLIAMS said yes, that he ran for the Anchorage
School Board after he retired four years ago.
REPRESENTATIVE KELLER offered that as someone who has run for
office a number of times, it takes skills to deal with the
media.
8:36:04 AM
CHAIR LYNN asked Commissioner Williams if he had worked for
Representative Reinbold at one time.
COMMISSIONER WILLIAMS replied that he worked for Representative
Reinbold for six months.
CHAIR LYNN asked if it was a paid or volunteer position.
COMMISSIONER WILLIAMS responded that it was a paid position.
8:36:18 AM
CHAIR LYNN asked if Commissioner Williams had ever been asked to
resign or retire.
COMMISSIONER WILLIAMS said no. He offered that there were some
positions in which he knew he needed to "move on" and maintained
that these were all contract positions after he had left state
service. He added that "when you've been a state employee for
32 years, you kind of see your trajectory about where you should
go." He claimed that he had the luxury to make decisions about
which positions were right for him, and that for some positions,
"you can get a mutual understanding of where things are going."
He opined, "It's very different than being in state service
where you kind of know exactly where you're going to be tomorrow
and the next day. It's more like real people, I think, to be
honest, that your jobs change around."
8:37:30 AM
CHAIR LYNN asked if Commissioner Williams ever applied for
military service.
COMMISSIONER WILLIAMS answered that he had not.
CHAIR LYNN claimed that every working place has a unique
culture. He asked Commissioner Williams to describe the culture
of the correction officers compared with that at McLaughlin.
COMMISSIONER WILLIAMS responded by asking Chair Lynn if he had
ever had the experience of looking at a group, perhaps in an
organization or at a social function, and being struck by how
much they had endured. He claimed that his experience with this
department has been mixed - some areas excelling and some with
real troubles. He cited two successful facilities, Lemon Creek
Correctional Center and Spring Creek Correctional Center, and
the previous superintendent of Spring Creek Correctional Center,
Claire Sullivan. He stated that he wants to go where the
troubles are. He reiterated that some correctional areas are
doing very well and need no attention "but there are other areas
that are in trouble and the culture in those places - they've
been through a lot."
8:39:51 AM
CHAIR LYNN clarified that he was referring to culture in terms
of relationships between people - how they get along and their
common values. He cited the "legislative culture" and the
"military culture" and asked Commissioner Williams to speak to
"the culture of the workers there together, as compared to what
you had at McLaughlin [Youth Center]."
COMMISSIONER WILLIAMS responded by saying that the difference
between the two places is profound. He offered that juvenile
facilities have more staff and resources and less residents. He
maintained that the societal view is that more should be done
with youth to prevent them from becoming adult offenders. He
added that the juvenile system is the "acting parent", which is
not the case in the adult system. He claimed that the two have
different cultures. He explained that occupations within the
adult correctional system are quasi law enforcement occupations
where pride, value in the job, and integrity matter a great
deal. He affirmed his desire to advance people demonstrating
leadership. He maintained that relationships among staff are
very important; staff rely on each other; culture within the
facilities matters a great deal; and harmony promotes safety.
8:42:01 AM
CHAIR LYNN cited Alaska Department of Corrections: An
Administrative Review, co-authored by Commissioner Williams, and
asked if Commissioner Williams' appointment as Commissioner
directly after the review was published might suggest that he
created his own position by way of the review.
COMMISSIONER WILLIAMS stated that he wished to set the record
straight by declaring that Joe Hanlin was a key part of the
review. He claimed that when the governor became concerned
about the activities within DOC and began to address the issue,
Commissioner Williams was very much enjoying his new position as
special assistant to the governor, which took him to Washington
DC with the governor his second week of work. For this reason
he did not see himself being involved with the review. He said
that the governor asked him to consider doing the review, and he
agreed based on his support for the governor. He stated that he
asked the governor if after performing the review, he could
resume his position as special assistant, as he didn't see
exposing DOC problems as supporting a career move in that
direction.
COMMISSIONER WILLIAMS went on to say that he did the review, he
had discussions with Walt Monnegan early in the review, and had
no knowledge of staff changes as a result. He claimed that the
governor asked him to submit his name for commissioner of DOC
and he was very reluctant because of the review.
8:46:27 AM
CHAIR LYNN asked if there was a concurrent search to fill the
position.
COMMISSIONER WILLIAMS answered affirmatively. He said that he
urged the governor to do a national search to find the best
person for the position, and he hoped that the right candidate
would come forward through that search, either externally or
internally. He said that the governor's chief of staff asked
Commissioner Williams to submit his name as well. He asserted
that he, along with all involved with the hiring process, knew
that he would be a difficult and controversial choice after
having performed the review. He attested that he understands
the accusation that his review appears to be self-serving
considering his subsequent appointment to the position, but
claimed that it is a false accusation. He maintained that his
interest in the position was to make the changes that he
believes need to occur and which he can affect.
8:48:30 AM
REPRESENTATIVE VAZQUEZ referred to Commissioner Williams'
mention of the "SENATOR COGHILL" study and asked him to explain
the acronym.
COMMISSIONER WILLIAMS responded that he didn't know what the
acronym stood for but it refers to a company in California, and
the study was ordered by Commissioner Taylor quite some time
ago. He added that SENATOR COGHILL was versed in doing staffing
studies around the country.
REPRESENTATIVE VAZQUEZ asked if the only focus of the study was
staffing for the department.
COMMISSIONER WILLIAMS responded that the primary focus of the
study was staffing, location of staff, duty posts, and relief
factors. He said it was focused on not just the correctional
officer piece, but nursing and administrative support pieces, as
well.
REPRESENTATIVE VAZQUEZ asked Commissioner Williams to provide a
copy of the SENATOR COGHILL study to the committee chair for
distribution.
COMMISSIONER WILLIAMS responded that he would.
REPRESENTATIVE VAZQUEZ asked for clarification that the SENATOR
COGHILL study and the aforementioned internal review requested
by the governor are two different studies.
COMMISSIONER WILLIAMS responded that is correct.
REPRESENTATIVE VAZQUEZ asked what the plans were to deal with
staffing deficiencies noted in the SENATOR COGHILL study.
COMMISSIONER WILLIAMS responded that the three ways to deal with
a situation of too many inmates and not enough staff are: hire
more staff, reduce inmates through justice reform, move
prisoners out of state and redirect savings to the staffing
shortages, which exist specifically in the Anchorage complex.
He added that savings through the second option are about two
years in the future - depending on the reform. He said that the
third option is an unsavory option because it takes money out of
the state and it involves processes. He mentioned a fourth
option which is address inequity in staffing.
8:53:18 AM
REPRESENTATIVE KELLER asked if it is possible to obtain the
request for proposal (RFP) for the SENATOR COGHILL study. He
asserted that he is skeptical of the standards and premises used
for the study. He added, as an example, the statement in the
study that insists on a certain staff to inmate ratio for
safety, should indicate the basis for the ratio.
COMMISSIONER WILLIAMS responded that he will provide
Representative Keller with that information.
REPRESENTATIVE VAZQUEZ stated that she has reviewed the
[Administrative Department of Corrections: An Administrative
Review] issued November 13, 2015, bearing the names of Dean
Williams and Joe Hanlon. She opined that in order to address
the issues in the report, there needs to be a lot of
coordination with several departments. She gave as examples:
the mental health issues and coordination with the Division of
Behavioral Health, Department of Health and Social Services
(DHSS); education and training needs and coordination with the
Department of Labor & Workforce Development (DLWD) and the
Department of Education & Early Development (EED); and policy
updates and the Department of Law (DOL). She claimed that she
sees a lot of "moving parts" and a need for coordination. She
referred to the recommendation on page 19 of the review citing
the need to repair the relationship with the unions. She
concluded by asking Commissioner Williams what his plans were
for accomplishing all this.
REPRESENTATIVE KELLER offered that the committee will be
addressing the review after the appointment hearing for
Commissioner William.
CHAIR LYNN expressed his desire to focus the current discussion
on the nomination of Commissioner Williams and discuss the
review after. He conceded that the two were related, but
attested that there were two separate matters, that of
forwarding Commissioner Williams' name on for appointment and
discussion of the review. Chair Lynn asked if there were any
more questions in regard to the nomination portion of the
committee agenda.
8:57:24 AM
REPRESENTATIVE VAZQUEZ asked how Commissioner Williams is going
to work together with, and repair the department's relationship
with, the union.
COMMISSIONER WILLIAMS responded that much of what has been
attributed to him specifically and others about what the review
meant in terms of the employees, has not been accurate. He said
that he has never attributed DOC problems to its employees. He
claimed that in his estimate, 99 percent of the staff are there
for all the right reasons, and 1 percent should not be there.
He said that the statements falsely attributed to him are
hurtful. He declared, "I'm approaching this job with a great
deal of grace that I hope I can extend to others and that they
will extend a little to me, a little to me to work the
relationship. My job as the leader is to extend grace all the
time to bring people to lock arms all the time."
COMMISSIONER WILLIAMS offered that he had a great relationship
with some of the unions. He said that he negotiated two
contracts for the supervisory unit over six to eight years. He
related that his father grew up in Southern Ohio near the coal
mines and his family's history is with the coal mines of Wales.
He said, "Thank God there were unions because it was the most
dangerous occupation you could possibly - people were dying all
the time, coal mine explosions, et cetera - that's my father's
history. I know it very well, [he] showed me where he grew up,
showed me the mines."
COMMISSIONER WILLIAMS claimed that he knows the distrust that
exists and is trying to work through it. He said that in the
big picture in terms of labor disputes, "I have people right now
that I think have come right out of the ranks, so dealing with
the relationship, the two people I hired sent a strong signal
about who I am, about where we're going." He went on to name
those he hired: Claire Sullivan, who is highly respected, came
up through the ranks, has a military intelligence background,
and is "as sharp as a whip"; and Bruce Busby, a man of great
integrity, who was the superintendent of Lemon Creek
Correctional Center and is now the Director of Institutions. He
claimed that these two hires are his two "ace in the holes" for
repairing relationships with the unions. He asserted that what
happened in some of the cases in the past is not where DOC is
going, and that DOC can do better than that. He claimed that he
will do everything he can to work with anybody, he has a job to
do which he takes very seriously, and prefers to do the job
"with a lot of people locking arms together." He reiterated his
hope that people will consider these two hires as an indication
of his forward thinking.
9:02:23 AM
REPRESENTATIVE KELLER moved to advance the confirmation of Dean
Williams as Commissioner of the Department of Corrections to the
joint session of the House and Senate. He added that the vote
of the House State Affairs Standing Committee does not indicate
approval or disapproval. There being no objection, the
confirmation of Commissioner Williams was advanced.
9:03:13 AM
The committee took an at-ease from 9:03 a.m. to 9:06 a.m.
^OVERVIEW: DEPARTMENT OF CORRECTIONS ON THE GOVERNOR'S
ADMINISTRATIVE REVIEW RESULTS
9:05:45 AM
CHAIR LYNN announced that the final order of business would be
the consideration of the report titled, "Administrative
Department of Corrections: An Administrative Review" ("the
review") by Dean Williams and Joe Hanlon. He referred to a
response to the report, titled The Officers' Perspective, A
Rebuttal to Dean Williams' Administrative Review of the Alaska
Department of Corrections," widely distributed to legislators,
and he said he saw it for the first time the previous evening
and has not read it. He asked Commissioner Williams if he
received a copy.
COMMISSIONER WILLIAMS responded that he received a copy of the
rebuttal in the late afternoon the previous day and has not read
it.
CHAIR LYNN asked Commissioner Williams to explain how it
happened that he was selected by the governor to facilitate the
review.
COMMISSIONER WILLIAMS responded by saying that his job as
special assistant to the governor was to do follow up work to
make things progress, to work with departments on particular
policy issues, and to work across departments to get things
done. Commissioner Williams said that through discussions with
the governor, he became aware of the governor's great concern
for the DOC issues. Commissioner Williams urged the governor to
hire national experts to review the department, but claimed that
the governor insisted, "I need to have somebody I know, that I
trust in terms of being able to tell me as best they know it
what they're seeing." He claimed that he prefaced the review by
explaining that it was a "snap shot of the department over
particularly problematic areas." He said the review was
isolated to what was going wrong, not what was going right. He
added that his reluctance in dong the review was just that - it
showed the problems without showing the good things. He
reiterated that the governor wanted someone close to him, doing
their best, who would be as honest and blunt as possible. He
added that although his background was in juvenile correctional
facilities, his experience in policies, operations, staffing,
and investigations, were all applicable to the adult
correctional system, which he claimed gave the governor
confidence that he could do the review with some credibility.
9:10:29 AM
CHAIR LYNN expressed a concern expressed by many that the videos
of the correctional facility incidences, showing the faces of
the correctional officers, endangered the lives of correctional
officers and their families. He asked whose decision it was not
to blur the faces of the correctional officers.
COMMISSIONER WILLIAMS replied that decisions about what was
released, in regard to the videos, were made by the governor.
Commissioner Williams conceded that it was a difficult policy
call and one which he supported. He said it came down to erring
on the side of transparency or erring on the side of non-
transparency. He said that his own thinking on the matter
after listening to legal opinion was that even if the faces were
blurred, in the end, the administration may have been forced to
release the videos again without blurring the faces, which would
ultimately raise the profile. He explained the governor's
viewpoint that since correctional facilities are public, what
happens in them are public matters, and the public has a right
to know the difficulties Alaska is facing inside the
correctional system. He stated that he acknowledges the
downside of the actions but maintained his belief that this
policy call set a standard for the administration, and he
offered his belief that it aligned with the governor's thinking
as well. He said that he understands the angst caused by this
action and declared the situation to be unfortunate, a "no-win"
situation for everyone. He reiterated the view of both he and
the governor that since it is a public facility, if the
administration was going to err, it was going to err on the side
of transparency.
9:13:34 AM
CHAIR LYNN voiced his opinion that he would have preferred that
the state erred on side of public safety for the correctional
officers and their families. He maintained that was far more
important than a sort of public relations (PR) transparency.
CHAIR LYNN asked if Commissioner Williams or Mr. Hanlon
interviewed every officer in each of the videos in which a wrong
doing was claimed.
COMMISSIONER WILLIAMS responded that in some of the situations
they didn't because there were unresolved personnel issues. He
said that the second reason that they did not interview all of
the officers involved was that Commissioner Williams and Mr.
Hanlon were charged with fact-finding objectively, and
Commissioner Williams believes that what was put into the report
were objective facts the best they knew them. He maintained
that interviewing all of the officers would lengthen the amount
of time spent on the study, so it was a judgment call for how
in-depth the review would be. He mentioned they also looked at
suicides.
9:15:36 AM
CHAIR LYNN commented that it very difficult for [the committee]
to get DOC policies, including the more sensitive security
policies. He maintained it delayed their investigation. He
also stated that there were conflicting policies on the same
topic.
COMMISSIONER WILLIAMS said he believes the explanation for the
two versions of a policy reflect that one is old, and one is an
updated version. He agreed that the policies are a problem.
COMMISSIONER WILLIAMS claimed that it was his intention that Mr.
Hanlon and he report the facts as best they could determine, and
have other people determine if the action should or should not
be allowable policy.
CHAIR LYNN asked whether in looking at a facts of the incident,
if Commissioner Williams considered if the facts went along with
the policies.
COMMISSIONER WILLIAMS responded that part of the review involved
matching the facts with the policies. He mentioned a twenty
year old suicide prevention policy demonstrating the need to
improve the policies. He said the other intent of the review
was to stimulate discussion about what was acceptable and what
should be done. He offered that the discussion involves
training, policies, and staff recruitment.
CHAIR LYNN cited the report which states that some juveniles
endured solitary confinement up to 22 hours a day, yet receive
teaching during that period of time. He asked how that could
happen.
COMMISSIONER WILLIAMS relayed that he was told that these
juveniles were getting education, but he contended, from what he
witnessed, a juvenile with a school book in his/her cell does
not equate to an education.
CHAIR LYNN asked if a school book in a cell accounted for
education.
COMMISSIONER WILLIAMS relayed that in talking with staff and
reviewing the segregation logs, he knew these juveniles were in
a cell 22 hours a day.
CHAIR LYNN confirmed that these juveniles did not get teaching
during that period of time.
COMMISSIONER WILLIAMS responded, "Not in any structured, regular
format that we think of.
CHAIR LYNN related that the attorney general (AG) conducted an
investigation of alleged excessive force by correctional
officers and determined there was no excessive force, yet
Commissioner Williams called the human resources department to
give them an official reprimand. He asked why Commissioner
Williams countered the ruling of the AG concerning excessive
force.
COMMISSIONER WILLIAMS responded that there is a distinction
between criminal liability for actions and what should be
allowed as public policy. He said that he personally agreed
with the decision by the AG that criminal charges against those
employees was not appropriate. He stressed that those employees
have not been disciplined or reprimanded, even though he
believes there to be significant problems. He mentioned that
there were systemic problems that he and Mr. Hanlon observed,
which were profound, and the results were avoidable.
COMMISSIONER WILLIAMS went on to say that the case to which
Chair Lynn referred was the Larry Kobuk case. He claimed this
to be a sad case and he was very moved when he watched the video
with the family, out in St. Michaels, with the whole room in
tears. He claimed that there must be a balance between safety
issues and enforcement in the prison system.
COMMISSIONER WILLIAMS claimed that systemic issues are created
when you have people spread too thin, working mandatory
overtime, who don't get training, in stressful situations, and
have no time to take breaks. In these situations your danger
level increases. Mr. Kobuk was already in restraints and
handcuffed. The incidence was about a sweatshirt that the
police officers wanted. He maintained that if he were to
address the staff involved in that situation, some of whom may
be in the audience, he would say that he understands how the
officers could get into that situation but opined that they
don't have to "be there again." He offered, "We don't have to
get into a situation where a man who's already in handcuffs has
to be taken down over a sweatshirt." He reiterated that this
occurs in stressed situations where resources are thin.
9:25:46 AM
CHAIR LYNN stated that his next question was a hypothetical. He
asked if, as commissioner, he would ever hire a deputy
commissioner who had previously been put on the rejection list
of DOC for having tried to smuggle in drugs to a correctional
facility.
COMMISSIONER WILLIAMS responded that he would not.
CHAIR LYNN asked if there were any other questions from the
committee. Seeing none, he thanked Commissioner Williams for
his testimony.
9:27:54 AM
The committee took an at-ease from 9:28 a.m. to 9:29 a.m.
9:29:06 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:29
a.m.
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