Legislature(2019 - 2020)GRUENBERG 120
03/05/2019 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| Commissioner, Department of Military & Veterans' Affairs, | |
| Commissioner, Department of Administration | |
| HJR9 | |
| HB57 | |
| HB15 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HJR 9 | TELECONFERENCED | |
| *+ | HB 15 | TELECONFERENCED | |
| *+ | HB 57 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 5, 2019
3:03 p.m.
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Jonathan Kreiss-Tomkins, Co-Chair
Representative Gabrielle LeDoux
Representative Adam Wool
Representative Sarah Vance
Representative Laddie Shaw
MEMBERS ABSENT
Representative Andi Story
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Commissioner, Department Of Military & Veterans' Affairs
General Torrence Saxe - JBER
- CONFIRMATION(S) ADVANCED
Commissioner, Department Of Administration
Kelly Tshibaka - Anchorage
- HEARD
HOUSE JOINT RESOLUTION NO. 9
Requesting the United States Secretary of the Treasury to mint
not less than 5,000,000 $1 coins honoring Elizabeth Peratrovich
under the Native American $1 Coin Act.
- HEARD & HELD
HOUSE BILL NO. 57
"An Act relating to expanding the period in a day during which
an employed child under 16 years of age may perform work in the
summer; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 15
"An Act relating to sentencing for vehicle theft in the first
degree."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HJR 9
SHORT TITLE: ELIZABETH PERATROVICH COMMEMORATIVE COIN
SPONSOR(s): REPRESENTATIVE(s) JOHNSON
02/27/19 (H) READ THE FIRST TIME - REFERRALS
02/27/19 (H) STA
03/05/19 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 57
SHORT TITLE: CHILD LABOR HOURS
SPONSOR(s): REPRESENTATIVE(s) WILSON
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) STA, L&C
03/05/19 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 15
SHORT TITLE: SENTENCING: VEHICLE THEFT
SPONSOR(s): REPRESENTATIVE(s) FIELDS
02/20/19 (H) PREFILE RELEASED 1/7/19
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) STA, JUD, FIN
03/05/19 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
GENERAL TORRENCE SAXE, Commissioner Designee
Department of Military & Veterans' Affairs (DMVA)
Joint Base Elmendorf-Richardson (JBER), Alaska
POSITION STATEMENT: Testified as commissioner designee to the
Department of Military & Veterans' Affairs (DMVA).
BRYAN MCPHERSON
Air National Guard
Texas
POSITION STATEMENT: Testified in support during the
confirmation hearing on General Torrence Saxe.
COLONEL SAM KEENER
Tennessee Air National Guard
Tennessee
POSITION STATEMENT: Testified in support during the
confirmation hearing on General Torrence Saxe.
RICK CAVENS
Retired Air National Guard
Wasilla, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on General Torrence Saxe.
KELLY TSHIBAKA, Commissioner Designee
POSITION STATEMENT: Testified as commissioner designee to the
Department of Administration.
SCOTT DAHL
Washington, D.C.
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
MICHELE HARTLIN
Nikiski, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
KADITA TSHIBAKA
Virginia
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
JENNIFER EASON
Washington, D.C.
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
BRANDY CUNNINGTON
Anchorage, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
NIKI TSHIBAKA
Anchorage, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
CHRISTINE HUTCHISON
Kenai, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
AMALIA DOLAND
Oklahoma
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
LYNN HALLFORD
Palmer, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
JANE KASSUBE
Anchorage, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
JARRED LEWIS
Anchorage, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
JIM DRAKE
Anchorage, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
JESSICA CHULUZ
Arizona
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
JULIA HARRISON
Virginia
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
DOUGLASS STEVENS
Washington DC
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
KEVIN HAUSMAN
California
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
AMY HANSEN
Virginia
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
JOAN CORR
Soldotna, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
LORREL BROWN, MD
Louisville Kentucky
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
BRENT BREINING
Washington DC
POSITION STATEMENT: Testified in support during the
confirmation hearing on Kelly Tshibaka.
REPRESENTATIVE DELANA JOHNSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HJR 9, as prime sponsor.
MARCY HERMAN, Staff
Representative DeLana Johnson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HJR 9 on behalf of Representative
Johnson, prime sponsor.
REPRESENTATIVE TAMMIE WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 57, as prime sponsor.
GREY MITCHELL, Director
Division of Workers' Compensation (DWC)
Department of Labor & Workforce Development (DOLWD)
Juneau, Alaska
POSITION STATEMENT: Provided information during the hearing on
HB 57.
ACTION NARRATIVE
3:03:02 PM
CO-CHAIR ZACK FIELDS called the House State Affairs Standing
Committee meeting to order at 3:03 p.m. Representatives LeDoux,
Wool, Vance, Shaw, Kreiss-Tomkins, and Fields were present at
the call to order.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
3:03:51 PM
CO-CHAIR FIELDS announced that the first order of business would
be confirmation hearings.
^Commissioner, Department of Military & Veterans' Affairs,
Commissioner, Department of Military & Veterans' Affairs
3:04:07 PM
GENERAL TORRENCE SAXE, Commissioner Designee, Department of
Military & Veterans' Affairs (DMVA), began by announcing that
the National Guard Bureau has requested through Governor Michael
J. Dunleavy that 10 Alaska National Guard soldiers be deployed
to Southwest U.S. to provide U.S. Army aviation support, with a
45- to 60-day rotation beginning April 1, 2019. He added that
mobilization was voluntary.
3:04:53 PM
CO-CHAIR KREISS-TOMKINS asked whether there are any instances of
similar deployment of the Alaska National Guard ("the Guard").
GENERAL SAXE responded that Alaska's Guard has not been engaged
in this way previously; however, the Guards of other states have
been. He said that since it is a voluntary mobilization, the
governor will remain the commander-in-chief and the troops will
remain under [Code of Federal Regulations (CFR)] Title 32.
CO-CHAIR KREISS-TOMKINS referred to the size of the deployment -
ten soldiers - and asked, "Who made that decision?"
GENERAL SAXE answered that the governor made that decision.
3:06:22 PM
REPRESENTATIVE LEDOUX asked if the deployment was the result of
the national emergency declaration [made by President Donald J.
Trump under the National Emergencies Act (NEA) of 1976] at the
southern border.
GENERAL SAXE replied, "At least indirectly." He said that with
a federal emergency you can involuntarily mobilize the troops to
be deployed under federal status; however, it is not the case in
this situation. The Alaska National Guard troops will be
deployed under "state" status; therefore, the commander-in-chief
will be the governor. If it were a federal deployment, the
President would be the commander-in-chief.
REPRESENTATIVE LEDOUX asked whether the deployment would change
if the U.S. Congress declared that there was no emergency on the
border.
GENERAL SAXE said, "It would not."
CO-CHAIR FIELDS asked whether there are state costs or
preparedness impacts associated with the deployment.
GENERAL SAXE replied that there would be no impacts and [this
deployment] would not impact future deployments. He maintained
that Alaska would have adequate troops and equipment to address
any event and for the "fire season."
CO-CHAIR FIELDS asked whether [the deployment] would impair
Alaska's ability to perform search and rescue.
GENERAL SAXE responded, "It would not."
GENERAL SAXE reviewed his background and experience. He stated
that he has been in the military about 30 years; he enlisted in
the army in 1989. He was enlisted for five years, became an
officer, was on active duty for nine years, and joined the
Alaska Air National Guard (AK ANG) in 2004.
GENERAL SAXE relayed that he started his military career working
with Intercontinental Ballistic Missiles (ICBMs) on active duty;
his background is space and missiles. He has been stationed at
Clear Air Force Station (AFS), Eielson Air Force Base (AFB), and
twice at Joint Base Elmendorf-Richardson (JBER). He has been a
commander seven times. He stated that he is very careful to
always "take care of the people because they take care of the
mission." He related that he was the commander at Clear AFS,
commander for the 168th Wing at Eielson AFB, and most recently
commander of AK ANG.
3:09:23 PM
REPRESENTATIVE WOOL mentioned that he understood that General
Saxe was not a pilot but has been commandeer of various wing
units.
GENERAL SAXE responded that he is not a pilot but was the first
non-pilot to command the 168th Wing. He explained that the
168th Wing has a space mission at Clear AFS and has the
refuelers. He mentioned that the newest refueler at the station
was made in 1963, and if the follow-on KC-46 [refueler] does go
to Eielson AFB, AK ANG would like to be involved.
3:10:06 PM
CO-CHAIR KREISS-TOMKINS asked General Saxe to state his goals
for the direction of the Guard, if confirmed. He also asked how
General Saxe would carry forth the work initiated by his
predecessor in terms of re-centering the culture of the Guard,
especially as it relates to sexual harassment and abuse.
GENERAL SAXE relayed three major points to describe his goals
for the direction of the Guard. He expressed his desire to
shift the focus more on state operations. The National Guard is
the only entity in the Department of Defense (DoD) that has both
a state and federal mission. The [JBER] staff is charged with
preparedness for a national disaster. He expressed his belief
that more focus is needed on that mission.
GENERAL SAXE stated that his second point involves focusing on
the people; he has no tolerance for toxic behavior or toxic
leadership. He stated that his predecessor addressed that, but
he intends to refine that effort. He stated that he has zero
tolerance for sexual harassment and sexual assault. He
mentioned that his wife told him about a situation she had in
the U.S. Army involving harassment; that story impressed upon
him that he must be the one to make sure that he is a good
example, and everyone under his command is following the same
rules as well.
GENERAL SAXE moved on to the third goal, which is to focus on
future missions. He relayed that the largest mission currently
involves the F-35, the KC 46, and the long-range discrimination
radar (lrdr) at Clear AFS. He explained that the operation at
Clear AFS is a spotter-sniper relationship; that is, personnel
at Clear AFS are to spot inbound missiles and personnel at Fort
Greely [U.S. Army launch site] are to shoot them down. Both
missions are executed by the Guard; he expressed his desire to
see the operation enhanced.
GENERAL SAXE continued by saying, "As far as centering the
culture, I have to be a good example, and I have to hold those
people below me to the same high standard." He recited his
rules for sexual harassment: never talk about sex in any
aspect; don't say anything inappropriate; and do not touch
anyone inappropriately. He maintained that every issue that he
has addressed with either sexual assault or sexual harassment
has come down to one of two things: something has been said
inappropriately or something has been done inappropriately. He
added that he must hold people accountable who do not hold their
troops accountable.
3:13:00 PM
CO-CHAIR KREISS-TOMKINS asked for General Saxe's assessment of
the marginal change in the Guard from the widely reported toxic
culture of 2013-2014 to the present and the room for improvement
in the future.
GENERAL SAXE maintained that there is always room for
improvement. He stated that the Guard has sexual assault
response coordinators and victim advocates. He asserted that to
address the [toxic] culture, it is necessary to have a
leadership program in place, and now the Guard does. He relayed
that senior leaders just came together in a 200-person event to
discuss these issues and answer questions. He maintained that
the Guard will have that program going forward so that people
understand that the Guard is looking for leaders who are good
examples, and if they oversee others, a higher standard is
expected.
3:14:40 PM
CO-CHAIR FIELDS offered that one issue with the Guard "scandal"
was that victims had a difficult time getting their issues heard
at a high enough level to address those concerns. He added that
chaplains played a role in trying to elevate those concerns. He
asked, "How do you make sure that you're going to know when a
problem exists, recognizing that sometimes it can be hard to get
that problem noticed - jumping up in the command structure?"
GENERAL SAXE responded that the guard has a system in place with
the sexual assault response coordinator; however, if the report
[of the incident] is restricted because the victim does not want
the general to know, then he may not know of it. He maintained
that there is an option for the victim to make an unrestricted
report, in which case General Saxe will become involved and give
assistance. He stated that the Guard tries very hard to respect
the wishes of the victim. For a victim who comes forward,
whether the report is restricted or unrestricted, the incident
is investigated to the extent possible with the information
given and not one will be ignored.
3:15:54 PM
REPRESENTATIVE SHAW shared that General Saxe is extremely
interactive with his troops, which makes the difference in
excellent leadership. He maintained that it is through that
interaction that a leader becomes aware of soldiers' issues. He
cited General Saxe's career in working his way up through the
ranks.
REPRESENTATIVE WOOL referred to the biography of General Saxe,
included in the committee packet, which has the general listed
as Colonel Saxe, and asked when he received a promotion.
GENERAL SAXE responded, the 28th of December [2018].
REPRESENTATIVE WOOL asked for a clarification of definitions -
National Guard versus Air National Guard.
GENERAL SAXE explained that the National Guard refers to the
U.S. Army's National Guard and the Air National Guard refers to
the U.S. Air Force.
REPRESENTATIVE WOOL mentioned that General Saxe has mostly
served in the U.S. Air Force and asked whether the general
anticipated a cultural conflict as commander of both components
of the Guard - "Army" and "Air".
GENERAL SAXE maintained that he does understand both cultures.
He asserted that he has a very good working relationship with
the Army; he knows the Air very well with 15 years of experience
within Alaska. He said that he has reported to DMVA that his
focus for the military will be on the Army. He maintained that
he will do physical training with the infantry, and he will
shoot with the military police (MPs). He relayed, "Those are
things I need to do right now to make sure they see me as a
leader for both the Army and the Air."
CO-CHAIR FIELDS referred to reports of federal funds being spent
on an emergency border wall project along the southern border
[of the U.S.] and mentioned that it is possible that some of
those funds could be diverted from military construction
projects in Alaska. He asked for comment on when Alaska would
know if the funds will be transferred, from which projects, and
implications for important Alaska projects.
GENERAL SAXE responded that he would like to do more research on
that question, but his focus would be on the projects that
affect DMVA.
CO-CHAIR FIELDS asked him to follow up for the committee
regarding the implications to Alaska of the funding shift.
REPRESENTATIVE WOOL conjectured that the F-35 project in
Fairbanks is the number one military construction project in the
state; he asked whether General Saxe is aware of any risks to
that project.
GENERAL SAXE replied that is a question for active duty; he is
trying to get the Guard involved in flying and repairing the F-
35. He added, "The overall question - about how would it be
impacted - if money is used for military construction, or
"milcon," then that might be the only tether, but that's
certainly outside of my purview and outside of the DMVA."
3:21:06 PM
CO-CHAIR FIELDS opened public testimony during the confirmation
hearing on the commissioner of DMVA.
3:21:29 PM
The committee took a brief at-ease at 3:22 p.m.
3:22:14 PM
BRYAN MCPHERSON, Air National Guard, related his experience
working with General Saxe: they worked together in Security
Forces and on the Exercise Evaluation Team (EET), which was
responsible for testing and enforcing standards for the Clear
AFS. He learned that General Saxe is tough and has high
standards. He attested that he has observed throughout General
Saxe's career that "whatever he expects of you, he expects more
of himself, and he lives up to those high standards." He said
that General Saxe is very calm and thoughtful; he sees all sides
of issues; he has a calm demeanor when people and situations are
tense and can make tough decisions. He expressed that General
Saxe never forgets that his decisions affect people's lives, and
he ensures that the resources are there to take care of them.
3:25:23 PM
COLONEL SAM KEENER, Tennessee Air National Guard, stated that he
served with General Saxe at Clear AFS. He relayed that he found
General Saxe to be a mission focused leader; he was always
concerned about his people; he had high standards, which he
expected of others and of himself; and he had great integrity.
He further stated that General Saxe has an outstanding
reputation both among the National Guard leadership and the
active duty U.S. Air Force leadership. He maintained that
General Saxe would do an outstanding job as adjutant general.
3:26:58 PM
RICK CAVENS, Retired Air National Guard, stated that he has been
a pastor for 34 years - 30 of those years in Alaska - and an AK
ANG chaplain for 22 years. He relayed that General Saxe was one
of his favorite commanders of all the commanders under which he
served. He opined that General Saxe was honest, caring, open,
and dedicated. General Saxe exemplifies the U.S. Air Force core
values of integrity, service, and excellence. As chaplain under
General Saxe, Mr. Cavens never doubted the General's tactical
expertise, his operational competence, and his strategic vision.
MR. CAVENS referred to the attributes listed in the Air Force
Handbook. He relayed that General Saxe strove to keep others
from risk - physical and emotional; he looked for the best
people to work with him to solve issues; he always responded
quickly and timely. General Saxe demonstrated resilience; he
was always educating himself and had a deep understanding of
every job on the base he commanded. He quoted General Saxe, who
once told him, "I treat the people here as I do my own family,
when they are in crisis." Mr. Cavens maintained that was due to
love and loyalty.
MR. CAVENS said that General Saxe is an amazing, talented
athlete and he is a man of faith. General Saxe utilizes
teamwork, communication, being connected, and seeking social
support as tools for accomplishing his mission and solving
problems. He is a team player who strives to engage talented
and trusted people to work with him to achieve success. He
maintained that General Saxe would be an asset as commander for
the Alaska National Guard.
3:34:01 PM
REPRESENTATIVE SHAW stated that the House State Affairs Standing
Committee has reviewed the qualifications of the governor's
appointee and recommends that the confirmation of General
Torrence Saxe be forwarded to a joint session for consideration.
He reminded the committee that doing so does not reflect intent
by any of the members to vote for or against this individual
during any further sessions for the purposes of confirmation.
CO-CHAIR FIELDS relayed that the confirmation is advanced from
the committee.
3:34:38 PM
The committee took an at-ease from 3:34 p.m. to 3:37 p.m.
3:36:46 PM
CO-CHAIR FIELDS moved on to the second item under confirmations
hearings.
3:37:02 PM
The committee took a brief at-ease at 3:37 p.m.
^Commissioner, Department of Administration
Commissioner, Department of Administration
3:37:42 PM
KELLY TSHIBAKA, Commissioner Designee, stated that as a child
she developed her values for accountability and fiscal
responsibility by helping her mother, who was an auditor. She
mentioned that she learned the value of a united work team from
her father, who was an electrician and union member. She added
that she also learned to question authority in a responsible and
respectful way. She related experiences growing up in Alaska.
She stated that she graduated from Steller [Secondary School],
attended Texas A&M University, worked for Senator Ted Stevens on
the U.S. Senate Committee on Appropriations, attended Harvard
Law School, and joined the U.S. Department of Justice (USDOJ)
Office of the Inspector General (OIG).
COMMISSIONER TSHIBAKA relayed that staff at OIG were responsible
for promoting efficiency and effectiveness in detecting and
deterring waste, fraud, and abuse through audits,
investigations, inspections, and multi-disciplinary reviews.
She maintained that the values that her parents instilled in her
- accountability, fiscal responsibility, team unity, and
questioning authority - were a perfect alignment for an OIG
career. At USDOJ OIG she investigated complex cases, like the
abuse of Arabs and Muslims detained after the [the terrorist
attacks of September 11, 2001]. The case was heard before the
U.S. Supreme Court. She oversaw audits, investigations, and
inspections of other USDOJ programs and activities; she helped
to manage 400 employees nationwide.
COMMISSIONER TSHIBAKA stated that after her work at USDOJ OIG,
she was the first hire at the Office of the Director of National
Intelligence (ODNI) OIG. The ODNI OIG was established after the
9/11 Commission Report [of 2004] found the need for a federal
agency to oversee all intelligence community agencies, including
the Department of Defense (DoD), the Central Intelligence Agency
(CIA), the National Security Administration (NSA), the Federal
Bureau of Investigations (FBI), the U.S. Department of State
(USDOS), and about 12 other agencies. She explained that she
served as legal counsel in the office and co-led the creation
and establishment of the office. In that role she investigated
misconduct by presidential appointees, participated in projects
such as improving the process for putting people's names on the
terrorist watchlist, and evaluated the ODNI agency's culture and
effectiveness. She briefed the Director of National
Intelligence on agency projects. She advocated successfully for
legislation that established the inspector general in statute,
which she accomplished in collaboration with inspectors general,
general counsels, congressional oversight committees, and White
House staffers in a five-year process.
COMMISSIONER TSHIBAKA stated that in her next position, she
served as the special advisor in the ODNI Office of Civil
Liberties, Privacy [and Transparency], where she participated in
developing guidance for the intelligence community on civil
liberty and privacy issues, collaborative electronic
environments, use of social media information, and the
development of research projects. She relayed that after that
position, she joined the Federal Trade Commission (FTC) OIG
where she served as the chief investigator and legal counsel and
later as the acting inspector general. She led the team to
complete high-risk core mission reviews of an agency with a $300
million budget and 1,200 employees. She cited her achievements:
examined effectiveness of FTC in protecting consumers;
investigated allegations made by Congressman Darrel Issa, then
chairman of the Committee on Oversight and Government Reform,
regarding the number of FTC successful enforcement actions; and
performed information security audits, financial statement
audits, performance inspections, and investigations of
misconduct.
3:42:33 PM
COMMISSIONER TSHIBAKA offered that most recently she founded and
established the position of Chief Data Officer at the U.S.
Postal Service (USPS) OIG. As the Chief Data Officer, she
served on a nine-person executive team responsible for oversight
of the USPS, which generates $70 million in revenue, has over
620,000 employees and $13 billion in contracts, and moves over 5
billion parcels of mail every year. She said that in contrast,
the OIG has just over 1,000 employees and about $250 million;
therefore, the most effective way to perform oversight of USPS
is to use data analytics. Use of data analytics led to more
than $1.9 billion in financial impact, $179 million in cost
avoidances, 225 criminal case outcomes, and enabled OIG to do
more with less, not less with less. She reported that her
office led innovative efforts to identify illegal opioids in
more than 5 billion parcels delivered annually. She maintained
that this unprecedented use of data analytics substantially
advanced multi-agency efforts to prevent drug trafficking. She
asserted that her OIG background would shape how she approaches
being commissioner of DOA. She offered that she would promote
efficiency and effectiveness, pursue innovations and cost
savings, and achieve results.
COMMISSIONER TSHIBAKA continued by saying that she met her
husband in law school; they intended to become great lawyers and
pay off their law school debts; however, God really changed
their hearts. She said, "We are Christians, and our faith
really took a different turn in those early years of our career.
Instead of becoming leaders of all, we wanted to become servants
of all." She stated that they became pastors and started a
church that focuses on developing leaders, healing people from
trauma and addiction, and helping orphans, refugees, and
survivors of victims of human trafficking. She said, "Whether
it's people or it's organizations, I love helping people become
who they've always wanted to be." She maintained that
organizations are just collections of people with a purpose; she
enjoys helping organizations become the best that they can be.
COMMISSIONER TSHIBAKA stated that in preparing for the
confirmation hearings, she had the opportunity to meet with the
members of the committee in advance; the meetings have given her
the chance to learn about issues of interest to the members and
answer questions on a wide range of topics. She maintained that
the majority of the meetings have been enjoyable and productive;
however, in her meeting with [Co-Chair] Fields, she was asked
questions related to her religious beliefs: how she would
express her Christian faith at work; how her Christian faith
would affect her implementation of laws and policies; and if she
would separate her faith life from her work life. She testified
that he told her to be prepared to answer these questions during
today's hearing.
COMMISSIONER TSHIBAKA expressed her desire to address the
questions openly and publicly. She stated:
I have a strong and established 16-year federal career
of cultivating diverse teams and of faithfully
implementing federal laws, regulations, and policies.
I would not have been entrusted with multiple senior-
level positions, nor maintained my top secret
sensitive compartmented information (SCI) security
clearance, if I had engaged in religious expression
that was inappropriate, if I had forced my religious
beliefs on others, or if I had contravened laws and
policies with which I disagreed. As further testament
to my leadership, the committees have received several
letters of endorsement from inspectors general who've
supervised me throughout my career, as well as, from
some of my direct reports, many of whom do not share
my religious views.
COMMISSIONER TSHIBAKA referred to the letters of support from
the following individuals, included in the committee packet: the
former inspector general of USDOJ [Glenn A. Fine]; the former
inspector general of the FTC [Scott Wilson]; and the inspector
general of USPS [Tammy L. Whitcomb]. She mentioned that the
inspector general of the Department of Labor (DOL) has also
endorsed her nomination. She contended that she would not have
received these endorsements if she was a leader who used her
position or authority to violate other people's civil rights.
She said, "In short, throughout my professional career, I have
lived out my faith and values in a manner that is true to
myself, respectful of others, and consistent with the law."
COMMISSIONER TSHIBAKA maintained that in her last two
confirmation hearings before the [Alaska State] Senate, she was
asked if she would have the courage to speak up if she believed
that Alaska's state leaders were heading in the wrong direction.
She responded, "I said I would, and today I am." She maintained
that the questions she has been asked about her faith are
unconstitutional lines of inquiry that violate her civil
liberties - religious liberties enshrined in the text of the
U.S. Constitution. She declared that the first amendment
protects the freedom of religious expression. Article VI of the
U.S. Constitution provides that no religious test shall ever be
required as a qualification to any office or public trust under
the U.S. The U.S. Supreme Court has explicitly warned against
the danger of presuming that a person's faith might present a
danger in the context of holding public office. She continued
by saying that in McDaniel v. Paty, [Supreme Court Justices]
Brennan and Marshall wrote, "that the American experience
provides no persuasive support for the fear that clergymen in
public office will be less careful of anti-establishment
interests or less faithful to their oaths of civil office than
their unordained counterparts." She cited Article 1, Section 3,
of the Alaska State Constitution, which states, "No person is to
be denied the enjoyment of any civil or political right because
of ... creed ...." She claimed that in addition, the questions
she has been asked violate the spirit of AS 18.80.200; she cited
AS.80.210, which explicitly prohibits discrimination based on
religion, including religious discrimination in employment. She
emphasized that the laws maintain that the Alaska State
Legislature has declared it a legislative finding that
discrimination against an inhabitant of the state because of
religion is a matter of public concern; it not only threatens
the rights and privileges of the inhabitants of the state but
also threatens the peace, order, health, safety, and general
welfare of the state and its inhabitants. She directed the
committee members' attention to ["Guidelines of Religious
Exercise and Religious Expression"] issued by President Bill
Clinton on August 17, 1997, relating to religious expression in
the federal workplace; the guidelines have the force of an
executive order and have been affirmed by every presidential
administration since then, including President Barak Obama. She
relayed the guidelines: a supervisor is free to engage in
religious expression when it is understood as the personal view
of the supervisor and not perceived as coercion of religious or
of non-religious behavior. She gave an example: a supervisor
may invite coworkers to church events, talk about religion, and
hold or attend a Bible study during lunch; he/she cannot,
however, order coworkers to attend a religious service or coerce
agreement with his/her views. She expressed her desire to
submit for the legislative record both the Guidelines issued by
President Clinton and the October 6, 2017, memorandum issued by
DOJ, entitled "Federal Law Protections for Religious Liberty."
3:49:58 PM
COMMISSIONER TSHIBAKA concluded by asserting that her rights,
both under the U.S. Constitution and Alaska State Constitution,
were violated during her pre-hearing meeting with Co-Chair
Fields. She maintained that she harbors no ill will against Co-
Chair Fields; however, her hope is that she is the last nominee
to come before the legislature to be subjected to such
unconstitutional lines of inquiry. She continued:
All employees of Alaska from supervisors to staff,
from commissioners to interns, have a protected
freedom to express their religion or non-religion.
Alaskans rights of free exercise are not limited to
the doors of their churches, their synagogues, their
mosques, or their temples. They carry those rights
with them wherever they go and wherever they are,
including in the halls of our state legislature or at
the desks of their State of Alaska agencies. Their
rights of free exercise of religion have to be honored
and protected and observed.
COMMISSIONER TSHIBAKA further stated, "I have found that the
greatest diversity in the workforce is created when people are
fully free to be their true selves, and it's in the richness of
that diversity that trust is formed, and community is fostered,
and unity is forged." She said that it is along these lines
that some Democratic legislators have asked if I will
discriminate against people based on their sexual orientation.
She said, "So let me be absolutely clear. I will not engage in
such discrimination, nor have I ever engaged in such
discrimination." She offered that she has a long career as a
senior leader in federal government, in which she has
consistently celebrated, embraced, and respected diversity. She
maintained that she will continue to live by that standard as
the commissioner of DOA.
COMMISSIONER TSHIBAKA concluded her remarks by addressing
another question she has received: Why do you want this job?
She stated that she believes Alaska is an extraordinary place
and is inhabited by an extraordinary and diverse people, but the
state is facing an extraordinary crisis. She said, "I was
inspired to come home by the vision of a leader who wants to
make our state safer, more prosperous, and fiscally healthy - a
leader who wants to turn our extraordinary crises into an
extraordinary comeback." She maintained that it was for that
reason she submitted her resume and asked the newly elected
governor, [Michael J. Dunleavy], "Is there a need for my
skillset?" She said, "Quite simply I wanted to come back and
help the state I love." She stated that initially she was
brought on board in January [2019] as a policy advisor to the
governor, overseeing reviews of programs and operations to help
make them more efficient and effective. She offered that she
was both humbled and honored when the governor asked her to
serve as the commissioner of DOA. She expressed her belief that
her skills and experience will be more valuable in the role of
commissioner of DOA than in the role of policy advisor. She
said, "I love Alaska and the people who live here. I came home
to help and to serve." She maintained that as commissioner of
DOA, she will help the department to become the best that it can
be, and in so doing, the state agencies will be able to better
serve Alaskans.
3:53:16 PM
CO-CHAIR FIELDS acknowledged that he did ask Commissioner
Tshibaka about her views on homosexuality and her ability to be
a manager of a diverse workforce and considered her answer
entirely appropriate. He maintained that he was simply looking
for her to repeat that on the record to reassure the public. He
stated, "I certainly did not apply a religious test or intend to
apply a religious test. I respect that there's a wide variety
of people who are in our workforce." He expressed, "I guess I'm
just disappointed that you made that accusation, because that
was not my intent nor is that what I did."
3:54:06 PM
REPRESENTATIVE VANCE asked the commissioner to speak to her
vision for DOA and how that vision would differ from the
department in the past.
COMMISSIONER TSHIBAKA relayed that her vision would be to fully
implement what the legislature has been attempting to do, which
is to make the department effective in providing shared
services. She maintained that the legislature has funded,
outlined, and tried to implement the effort to make the
department efficient in providing excellent customer service and
in gaining cost-savings by setting up the Division of Shared
Services of Alaska (SSOA) and centralizing information
technology (IT) within the division. She expressed her desire
to successfully implement that effort and show results.
COMMISSIONER TSHIBAKA stated that her long-term vision is for
DOA to realize cost savings and efficiencies through automation
that is successful across the departments and to move DOA into
data analytics. She maintained that the state could realize
substantial savings, uncover possible fraud, and identify
efficiencies not yet realized. She expressed her suspicion that
the state is spending money in places it doesn't intend to spend
money and, therefore, not able to spend money in places it wants
to spend money. She maintained that even a modest data
analytics capability inside DOA could reverse that trend.
3:55:57 PM
REPRESENTATIVE LEDOUX asked for a definition of data analytics
and an explanation of what can be done with it.
COMMISSIONER TSHIBAKA said that data analytics is the same as
data analysis. She stated that data analytics involves using
tools - people with business process knowledge and data
scientists - to "bounce data off each other" for inquiry and
insight that cannot be achieved with just the human brain. She
gave an example from her work at USPS. Through data analytics,
staff was able to identify people under the age of 50, who were
receiving regular Worker's Compensation payments from the U.S.
DOL for soft tissue injuries, such as sprained ankles, for more
than five years. She maintained that one does not have a
sprained ankle for more than five years if under the age of 50.
She explained that using those three data points in a
mathematical algorithm and applying that filter to the Worker's
Compensation claim data identified several fraud cases that
would not have been readily identified with the human eye. She
said that the result was that a great deal of money was returned
to USPS.
COMMISSIONER TSHIBAKA relayed a second example: It involved
developing a complex algorithm using the 26 indicators of
contract fraud identified from successful prosecutions, such as
cost overruns, vendor changes fees, and missed timelines. The
algorithm was applied to the $13 billion in contracts to
determine which ones were high risk on a risk scale and should
be investigated and audited. She said, "Data looking at data to
tell us in a way that our brain is too simple to understand.
You have a problem here. You need to go look at that."
REPRESENTATIVE LEDOUX agreed that it makes sense that someone
under a certain age would not be disabled for five years because
of a sprained ankle; however, the "eggshell plaintiff"
[doctrine] taught in the first year of law school suggests that
there are some people who are different, therefore, not
committing fraud. She offered that she didn't understand why
the human eye could not identify those cases; but even so,
assuming a certain number of people fall into the category
described, "what do you do next to actually show that they are
faking it, as opposed to the eggshell plaintiff."
COMMISSIONER TSHIBAKA replied that the department would have to
work with an agent to investigate and validate it. She offered
that DOA would need to develop analytics queries to prove there
is a match, then work with a trained investigator to assist with
proving a fraud case to be referred to the Department of Law
(DOL). The department would have to set up a system for working
a whole case before starting the process.
REPRESENTATIVE LEDOUX asked for confirmation that there would be
an actual person investigating before a person's Worker's
Compensation payments are stopped.
COMMISSIONER TSHIBAKA replied, "That's correct."
4:00:36 PM
REPRESENTATIVE WOOL referred to the breach in Alaska's electoral
system during the [2016 presidential] election. He asked if
that issue is under DOA's purview; he asked her to provide her
thoughts on it.
COMMISSIONER TSHIBAKA responded, "Yes, it falls under our
purview, and we are right now working up a request for proposal
(RFP) to replace our entire system for the Division of Elections
(DOE) in order to upgrade the information security architecture
for the computer system."
REPRESENTATIVE WOOL asked whether this upgrade is in DOA's
budget, given the state's fiscal restraints and the great
expense of software. He stated that the Office of Information
Technology (OIT) within DOA has increased its budget to try to
consolidate and centralize and asked whether new DOE software is
part of its budgeting process.
COMMISSIONER TSHIBAKA expressed her belief that DOE is procuring
the software. She said that the need for a budget supplement
will be determined after the RFP's are submitted; however, her
understanding is that the funds are adequate.
4:02:22 PM
CO-CHAIR FIELDS mentioned that the state has had fiscal
restraints for several years; the commissioner will be
inheriting multi-year [employee] contracts; and some state
employees have foregone raises for several years. He asked if
she intends to honor the contracts.
COMMISSIONER TSHIBAKA answered that she intends to honor the
contracts that have already been decided and would not make any
changes.
CO-CHAIR FIELDS referred to Commissioner Tshibaka's testimony
regarding the investigation of former Congressman Darrel Issa
and asked for the outcome of the investigation.
COMMISSIONER TSHIBAKA replied that the outcome was the
determination that the employees did not conspire to fabricate
the evidence. She maintained that it was a complicated
investigation and "it all came down to whether or not they took
the trip to the headquarters on the Pennsylvania Turnpike on a
particular Monday, so it required investigating all of the
tollbooth photographs that day."
CO-CHAIR FIELDS asked to get in writing a list of the following:
the new exempt and partially exempt positions that have been
created since the governor took office; existing, exempt, and
partially exempt positions that have been moved to a higher
salary; and a total of the associated costs for both. He said,
"Basically what is the additional cost ... to oversimplify
political appointees hired since the beginning of this
administration."
COMMISSIONER TSHIBAKA asked if the request is different than
that which was already submitted.
CO-CHAIR FIELDS responded that his new request is "a little
drilled down" from the former request, and this time he is
looking for only political appointees that are new or have a
changed salary from the previous administration.
4:05:14 PM
CO-CHAIR FIELDS referred to the commissioner's work regarding
human trafficking. He stated that the commissioner [Heidi
Drygas] of the Department of Labor & Workforce Development
(DOLWD) during the previous administration and the mayor of
Anchorage [Ethan Berkowitz] formed the state local Human
Trafficking Working Group with multi-agency participants -
DOLWD, the local prosecutor's office, FBI, DOL, and the U.S.
Department of Commerce (USDOC). He asked if Commissioner
Tshibaka would consider continuing the working group across
administrations. He expressed his belief that the working group
was a valuable way for agencies and local and state government
to collaborate on a very troubling issue.
COMMISSIONER TSHIBAKA expressed that she would like to learn
more from him about it.
4:06:13 PM
CO-CHAIR KREISS-TOMKINS stated that he has followed SSOA IT
consolidation over the years. He asked Commissioner Tshibaka to
give her assessment of progress made thus far, what yet needs to
happen, percentage completion in achieving consolidation, and
the value or lack of value of IT consolidation.
COMMISSIONER TSHIBAKA said that within DOA, SSOA does not
include IT, even though IT is a shared service for the state.
She stated that she would answer the question for shared
services separately from her answer for IT. The shared services
include travel, accounts payable, and some procurement. Travel
is completely integrated to include all departments; SSOA has
just launched a travel platform to streamline it and make it
more efficient. The accounts payable has gone through some
office model reorganization and some process changes; results
are mixed; six agencies have been integrated into the new
processes with more agencies to come. Later this year DOA will
inherit procurement from the procurement portfolio and the
different agencies will be onboarded onto this new system. She
maintained that there is a massive change management process
necessary; onboarding must be monitored to avoid congestion and
backlogs and to ensure good customer service. She said, "I am
watching this very carefully."
COMMISSIONER TSHIBAKA continued by saying that OIT has achieved
greater progress [than SSOA]; however, customer service needs
improvement before integrating the agencies. The first step is
to improve the customer service scheme; the second step is to
bring in all the "bits and pieces" of OIT that are now spread
out in all the different agencies of the state. She expressed
her understanding that at one time all the services were spread
out; the state decided that centralized services would create
cost efficiencies and better government. She maintained that
the "shared service" model with shared services and consolidated
IT constitutes the best government. She continued by saying the
model that the state currently has is the worst model, because
it has been done halfway. She said that she wants to show the
state agencies that DOA can perform shared services well. To
accomplish that, internal problems must be fixed first to
demonstrate that DOA can provide excellent customer service;
after that, the functions that are still de-centralized must be
integrated. She emphasized, "What we're doing right now is the
least efficient, least cost-savings model possible." She added
that it is unsustainable.
4:11:27 PM
REPRESENTATIVE WOOL asked whether some services are better de-
centralized, such as travel, which might possibly be managed and
"fine-tuned" better by someone who has a closer working
relationship with the people in the department who will be
traveling.
COMMISSIONER TSHIBAKA replied that it is quite possible that
there are some services for which it does not make sense to
centralize. She referred to an official study performed a
couple of years ago identifying those services for which it
would make the most sense to centralize for the state, and DOA
is focusing on those identified. She maintained that de-
centralization of services has not served the state well and her
job is to ensure that [delivery of services] works well for the
state. She asserted that when travel is done well, it works
best centralized. She emphasized, "We've got to figure out why
it's not working well, and we've got to make it work well." She
maintained that [centralization] would be the most efficient and
lead to the best cost savings for the state. She offered that
if DOA tries every avenue to make it work well and fails, then
DOA should reverse course. She expressed her belief that DOA
has not tried every avenue. She asserted that from her
experience in the many OIGs, [centralization] is the path to
efficiency and cost savings; she wants DOA to determine how to
provide the best customer service. She said that she did not
think the state agencies should settle for subpar travel
support; DOA needs to improve customer service.
4:14:29 PM
The committee took an at-ease from 4:14 p.m. to 4:16 p.m.
4:16:00 PM
CO-CHAIR FIELDS opened public testimony during the confirmation
hearing on Commissioner Designee Kelly Tshibaka.
4:16:19 PM
SCOTT DAHL testified that he is the inspector general for the
U.S. Department of Labor (USDOL) and has known and worked with
Ms. Tshibaka for many years. He stated he was at times her
supervisor, her colleague, and her peer. He said that over the
years he has been impressed with her ability to find
collaborative opportunities, even in challenging environments,
and she accomplishes that by earning the trust and respect of
others. He maintained that she is an inclusive manager who
seeks and respects diverse perspectives. He asserted that she
would make an outstanding commissioner; she is capable,
articulate, and a quick study. He offered his belief that she
will make extraordinary achievements in her career.
4:18:09 PM
MICHELE HARTLIN testified that she has known Ms. Tshibaka since
"the day she was born." She relayed numerous attributes of Ms.
Tshibaka as a youth: precocious, driven, and selfless;
volunteering her time; studying Russian language; and graduating
from high school at age 15 to attend college. She maintained
that Ms. Tshibaka has an innate ability to listen to people and
gather facts before coming to an educated decision; she is an
organized multitasker who is able to excel in a myriad of
subjects and tasks - employing logic, humor, and common sense;
she can see people for who they are on the inside and accepts
them without judgement. She relayed that as a supervisor, Ms.
Tshibaka was an involved mentor to employees, helped them become
successful valued assets to the team, and earned their respect.
4:20:29 PM
KADITA TSHIBAKA, testified that he is Ms. Tshibaka's father-in-
law; has known her since 2001; and has followed her career
closely through various positions. He relayed that he views Ms.
Tshibaka as a true leader of people; she is a visionary; she is
an extremely well organized, efficient, results-driven promoter
and developer of people. She accepts advise when needed; she is
a good listener and quick study; and she is as good as her word.
She delivers over and beyond what is demanded or expected. He
maintained that having Ms. Tshibaka and her family move to
Alaska was a huge sacrifice for them all. He offered his belief
that Ms. Tshibaka would be a huge asset for Alaska.
4:22:35 PM
JENNIFER EASON testified that she has known Ms. Tshibaka
personally and professionally for over 10 years. She said she
went to Ms. Tshibaka to find healing from a destructive
lifestyle; Ms. Tshibaka mentored her and trained her on
leadership. She attributed Ms. Tshibaka with the following
qualities: she helps people in need regardless of social class,
nationality, political leaning, and sexual orientation; she is
a role model; she is loyal and trustworthy; her integrity is
high caliber; she is unique, gifted, and incredibly thoughtful;
she is highly intelligent, but doesn't flaunt it; she has a
unique way of bringing people together and allowing her staff to
feel seen and valued; she is an excellent listener; and she is
passionate, loves justice, and loves people.
MS. EASON offered that Ms. Tshibaka would be the "hardest worker
in the room." Ms. Eason said, "Her 50 percent is the average
person's 100 percent." She continued by saying that Ms.
Tshibaka would be efficient and effective in "getting the job
done and getting the job done well." She said that Ms.
Tshibaka's example and leadership helped her become a productive
and giving person. She maintained that Ms. Tshibaka has always
been passionate regarding her Alaskan roots.
4:25:38 PM
BRANDY CUNNINGTON testified that she doesn't have a personal
relationship with Ms. Tshibaka but is impressed with her resume.
She urged the committee to give Ms. Tshibaka its vote of
confidence based on her resume, her qualifications, and the
supporting testimony. She maintained that anything short of a
vote of confidence would suggest an underlying personal matter.
4:27:10 PM
NIKI TSHIBAKA testified that as her husband he has known her 20
years and can attest to her integrity. She speaks her mind and
speaks with kindness, grace, and humility. He mentioned that he
has witnessed the many ways in which she leads in a variety of
contexts, and her leadership is consistent across all those
contexts in terms of valuing people, embracing diversity, seeing
the best in people, and bringing out the best in people. He
reiterated that her credentials and qualifications are
unimpeachable.
4:29:11 PM
CHRISTINE HUTCHISON testified that Ms. Tshibaka's management
experience will be an asset to the state while it is trying to
survive its fiscal crisis. The state is facing its "sea change
of attitude"; to see its way through [this crisis] it needs
every tool and technique to which it has access; and the state
will forever be grateful for the skills and life experience that
Ms. Tshibaka is willing to bring back to Alaska.
4:30:16 PM
AMALIA DOLAND testified that she concurs with previous
testimony. She stated that she has known Ms. Tshibaka for 17-18
years. When Ms. Tshibaka was a student at Harvard Law School,
Ms. Doland saw her as a sharp, witty, very intelligent woman.
She said that over the years, she has come to realize that Ms.
Tshibaka is a very capable and organized multitasker. Ms.
Doland extolled Ms. Tshibaka's qualities: calmness, leadership,
respect for and inclusiveness of other people, integrity, high
moral character, and a hospitable and welcoming disposition.
Ms. Doland maintained that even though Ms. Tshibaka has been in
many places in the U.S. and abroad, she has always been proud
that her roots are Alaskan.
4:34:05 PM
LYNN HALLFORD testified that she has known Ms. Tshibaka since
elementary school and maintained that Ms. Tshibaka has always
loved Alaska; her absolute brilliance, intelligence, kindness,
and spunk are needed in the state right now during tough times.
She said that she is relying on Ms. Tshibaka's auditing
background to bring efficiencies and effectiveness to state
government and to find funds that are being spent where the
state does not intend. She maintained that Alaska is fortunate
that Ms. Tshibaka wants to return to Alaska; she will do a great
job for Alaska and all Alaskans.
4:35:24 PM
JANE KASSUBE testified that she has known Ms. Tshibaka her whole
life and is familiar with Ms. Tshibaka's many activities. She
confirmed that Ms. Tshibaka demonstrates responsibility and
leadership; she is focused and hard-working; she is trustworthy
and has integrity; she is a problem solver; she loves Alaska;
and she is authentic and genuine in every aspect of her life.
4:36:40 PM
JARRED LEWIS testified that he does not know Ms. Tshibaka
personally but everything he has read about her indicates that
she is a person of high integrity. He said that he supports the
appointment because she would bring change, and Alaska needs
something new. He mentioned that she could offer new ideas for
efficiency and accountability. (indisc.) He stated that he
endorses her for the position.
4:37:47 PM
JIM DRAKE testified that he has known Ms. Tshibaka all her life;
because of an age difference he never had the chance to work
with her. He offered that Alaskans bemoan the fact that they
raise their kids, send them to college, and most never return.
He stated that "now we have a chance" with Ms. Tshibaka with her
talents and attributes. He urged the committee to advance her
confirmation.
4:38:50 PM
JESSICA CHULUZ testified that she highly recommends Ms.
Tshibaka; she has worked with Ms. Tshibaka on a regional level
in developing programs that identify disenfranchised people,
release new leaders, and put people into positions that allow
them to thrive. She said that she has found Ms. Tshibaka's
unique ability to simplify complex problems without ignoring
important details to be helpful in making a difference. She
maintained that she has witnessed Ms. Tshibaka find ways to
leverage the strength of every member of a team so that they are
able to be their best and contribute to the organization in ways
that are fruitful, helpful, and move the pendulum toward
success. She asserted that she is extremely grateful for all
the times she has been able to work with Ms. Tshibaka and has
found her to bring out the best in people. She has incredible
integrity; she is forward, honest, and gracious; she is a
balance of individual hard work and smarts.
4:40:53 PM
JULIA HARRISON testified that she has had the extreme privilege
of being led by Ms. Tshibaka for the past 10 years. She said
that what Ms. Tshibaka does best is "develop" other people; she
gives of herself and her time. Ms. Harrison stated that she had
the privilege of being among a group of women with whom Ms.
Tshibaka met once a week to teach leadership skills; all the
women have advanced into leadership roles. She maintained that
Alaska will "be thrilled" with the legacy Ms. Tshibaka leaves
the state and the people she leads will be in a better position
than before her tenure.
4:42:13 PM
DOUGLAS STEVENS testified that Ms. Tshibaka is incredibly well
qualified and has great talent and ability but not the "sharp
elbows" of a hard charger who destroys people in his/her wake.
He offered that she really does care for and develop people. He
maintained that with [the appointment of] Ms. Tshibaka, Alaska
would be getting someone who can fix problems, straighten out
systems, institute efficiencies, and "build people up" in the
process.
4:43:44 PM
KEVIN HAUSMAN testified that he agrees with all the testimony
thus far. He attested to her high integrity and transparency;
she is welcoming and gracious; and she is very capable.
4:45:53 PM
AMY HANSEN testified that she was in Harvard Law School with Ms.
Tshibaka and found her to be one of the most capable people she
had ever known. She offered that Ms. Tshibaka had the capacity
to do extraordinary work in the government while raising five
amazing children, running a church, and being a loyal friend.
She maintained that Ms. Tshibaka is a brilliant, thoughtful,
extremely hard-working, incredibly gifted women; she is a
remarkable leader, a woman of integrity, and she loves Alaska.
She added that Ms. Tshibaka's work will make a tremendous
contribution to the people of Alaska.
4:46:56 PM
JOAN CORR testified that she has not met Ms. Tshibaka but has
read her resume and heard of her integrity and work ethic. She
maintained that Ms. Tshibaka's resume and accomplishments are
outstanding; her educational background is impressive; and it
would be hard to find a more competent professional with
experience in so many different areas. She touted Ms.
Tshibaka's fiscal responsibility, work in promoting a safer
society, and networking abilities. She expressed that Ms.
Tshibaka's knowledge of working with many government agencies
would be a big asset for the state; she loves Alaska and will do
what she can to improve it.
4:48:19 PM
LORREL BROWN, MD testified that Ms. Tshibaka is loyal, kind, and
forgiving. Dr. Brown stated that she considers Ms. Tshibaka an
example of the type of professional woman leader that she
herself aspires to be. She maintained that she sought Ms.
Tshibaka's advice on all her leadership questions when selected
as chief resident at Johns Hopkins Hospital, especially how to
function in a male dominated field; she sought advice on how to
lead responsibly, with strength, but also with compassion, and
how to live out her faith in a way that was responsible within
her profession.
4:49:47 PM
BRENT BREINING testified that he is a retired U.S. Navy captain.
He said that he knows Ms. Tshibaka through attending her church;
she is welcoming and open; and she encouraged him to pursue a
pastor's license. He stated that the Tshibakas' church is one
of the most amazing churches that he has encountered. The
Tshibakas have been inclusive of people of all ethnicities,
cultures, and social and economic backgrounds. He maintained
that Ms. Tshibaka is equally inclusive in the workplace. He
asserted that she would be an excellent leader for the State of
Alaska.
4:51:26 PM
CO-CHAIR FIELDS stated that the confirmation would be held over.
4:51:43 PM
The committee took a brief at-ease at 4:52 p.m.
HJR 9-ELIZABETH PERATROVICH COMMEMORATIVE COIN
4:52:47 PM
CO-CHAIR FIELDS announced that the next order of business would
be HOUSE JOINT RESOLUTION NO. 9, Requesting the United States
Secretary of the Treasury to mint not less than 5,000,000 $1
coins honoring Elizabeth Peratrovich under the Native American
$1 Coin Act.
4:53:04 PM
REPRESENTATIVE DELANA JOHNSON, Alaska State Legislature, as
prime sponsor of HJR 9, stated that the proposed resolution came
about through discussions with 4-H youth who visited the capitol
and requested that the Elizabeth Peratrovich coin, scheduled to
be minted in 2020, not be just a collector's item but a coin
distributed for real use in Alaska. She paraphrased from the
sponsor statement, which read in part [original punctuation
provided]:
Through House Joint Resolution 9, the Alaska State
House of Representatives is asking the United States
President, Vice President, and the US Secretary of
Treasury to mint not less than a full run of 5,000,000
Elizabeth Peratrovich $1 coins and to deliver them to
the Seattle branch of the Federal Reserve Bank of San
Francisco for distribution throughout the State of
Alaska and to coin collectors.
4:54:51 PM
MARCY HERMAN, Staff, Representative DeLana Johnson, Alaska State
Legislature, on behalf of Representative Johnson, prime sponsor
of HJR 9, stated that specialty coinage is a way to honor
Alaska's past and reflect on its heritage. These coins are
typically distributed to coin collectors; the resolution would
ask that 5 million minted coins be distributed throughout Alaska
and to coin collectors. She paraphrased from the sponsor
statement, which read in part [original punctuation provided]:
In 2000, the US Mint released the Sacagawea Golden
Dollar which featured a portrait of Sacagawea carrying
her infant son, Jean-Baptiste. In 2009, the United
States Mint began minting and issuing $1 coins
featuring designs celebrating the important
contributions to the history and development of the
United States made by Native American tribes and
individual Native Peoples.
MS. HERMAN relayed that the Elizabeth Peratrovich [coin] would
be the twelfth Native American commemorative coin but only the
fourth coin honoring an individual, as opposed to a tribe. She
explained that Elizabeth Peratrovich was chosen for the Native
American $1 coin because she was an important civil rights
activist before there was even the term "civil rights activist."
Elizabeth Peratrovich refused to be silent in the face of
injustice, helping Alaskans see the reality of discrimination
and its devasting effect on those against whom discrimination
was practiced. She advocated for the passage of the Alaska
Anti-Discrimination Act of 1945, which was the first anti-
discrimination law in the U.S., passed on February 16, 1945.
Elizabeth Peratrovich symbolizes the crucial role that the
public plays in the legislative process. She also served as the
grand princess of the Alaska Native Sisterhood and was name the
2018 honoree of the National Women's History Alliance. The
Alaska State Legislature has already recognized Elizabeth
Peratrovich by establishing February 16 each year as Elizabeth
Peratrovich Day; in 1992, the public gallery of the chambers of
the House of Representatives, formerly known as Gallery B, was
renamed in her honor.
REPRESENTATIVE JOHNSON concluded by saying that in 2020, the
residents of Alaska will celebrate Elizabeth Peratrovich and the
75th anniversary of the Anti-Discrimination Act. That same year
is the year that the U.S. Treasury is scheduled to issue the
commemorative coin recognizing Elizabeth Peratrovich. She
stated that HJR 9 would ask the U.S. Treasury to continue the
campaign to encourage commercial enterprises to accept and
dispense the Elizabeth Peratrovich Native American commemorative
$1 coin in such a way that it would not be only a collector's
coin but would have a use in Alaska.
REPRESENTATIVE JOHNSON pointed out that the 4-H young people who
came to the capitol demonstrate that a single person or several
people, speaking from the heart and working on something in
which they believe, can significantly and positively affect the
future of all Alaskans.
4:58:58 PM
REPRESENTATIVE WOOL asked whether the number of coins to be
issued - 5 million - was arbitrary or a standard issue.
REPRESENTATIVE JOHNSON replied that 3 billion Sacagawea [Golden
Dollar] coins were minted since 2000. The last year it was
minted was 2016, during which 2.1 million coins were minted;
every year about that number was minted. She stated that she
could not find out the number minted under a collector's run.
She relayed that the number - 5 million - came from a coin
enthusiast in Fairbanks who has been working with the Forget-Me-
Not 4-H club.
5:00:15 PM
CO-CHAIR KREISS-TOMKINS asked whether Representative Johnson
would be amenable to an amendment adding the Congressional
delegation as recipients of copies of HJR 9.
REPRESENTATIVE JOHNSON responded that it would be fine.
[HJR 9 was held over.]
5:01:09 PM
The committee took a brief at-ease at 5:01 P.M.
HB 57-CHILD LABOR HOURS
5:01:21 PM
CO-CHAIR FIELDS announced that the next order of business would
be HOUSE BILL NO. 57, "An Act relating to expanding the period
in a day during which an employed child under 16 years of age
may perform work in the summer; and providing for an effective
date."
5:01:44 PM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature, as prime
sponsor of HB 57, relayed that the proposed legislation was
drafted in response to the [Fairbanks Youth Soccer Association],
which was concerned that 14- and 15-year-olds had to stop
refereeing at 9 p.m. in the summer in Fairbanks. She maintained
that in drafting HB 57, she learned that the current hours
allowed for youth to work - 5 a.m. to 7 p.m. during the school
year and 5 a.m. to 9 p.m. during the summer - do not comply with
federal law, which calls for a 7 a.m. beginning time for both;
therefore, a waiver is necessary. She offered that in Alaska,
"nobody even knew of such a waiver"; however, the Department of
Labor & Workforce Development (DOLWD) is now pursuing one. She
offered that should HB 57 pass, Alaska would be required to have
a waiver to ensure compliance with federal law.
5:03:30 PM
GREY MITCHELL, Director, Division of Workers' Compensation
(DWC), Department of Labor & Workforce Development (DOLWD),
testified that the state's child labor law differs from federal
law in several areas. One area of disagreement is found in AS
23.10.340, which HB 57 would amend. He stated that AS 23.10.340
was last amended in 1981 when the hours, which were 6 a.m. to 7
p.m., were changed to 5 a.m. to 9 a.m. He offered that DWC is
pursuing several matters: a clear understanding of the
legislative intent associated with that change; the reaction of
the U.S. Department of Labor (USDOL) to the change; and the
existence of a waiver process that Alaska could pursue. He said
that initially his office was told there is no waiver process;
the provisions for child labor are set at the federal level. He
added that his contacts in the Wage and Hour Division (WHD),
USDOL, suggested that these requirements have not been changed
for many years and when they were created, Alaska with its
nighttime daylight hours was most likely not considered. He
maintained that the exclusion that exists under federal law is
primarily related to work training programs; therefore, the
waiver being discussed would likely not fit into that category.
Alaska would be looking more at an opportunity for a "common
sense" waiver based on Alaska's circumstances and the situation
regarding young people officiating soccer, which does not
constitute a significant hazard.
MR. MITCHELL relayed that one the issues still needing
resolution is whether there might be an exclusion from coverage
based on the tests of applicability that exist in the Fair Labor
Standards Act (FLSA). He said that there are two tests that
apply. To meet the enterprise test for coverage, the
organization would have to have at least $500,000 in annual
revenue, at least two employees, and engage in interstate
commerce. The second test is an individual test. He said DWC
has not checked with the youth soccer organization to see if it
meets the enterprise test; however, he suspects it does not.
REPRESENTATIVE WILSON emphasized that the proposed legislation
would not be solely for soccer, but would be for 14- and 15-
year-olds throughout the state to be able to engage in such
activities until 10 p.m.
5:08:22 PM
REPRESENTATIVE WOOL offered that he has additional questions on
child labor laws.
REPRESENTATIVE WILSON stated that the requirements for 14- and
15-year-olds are very clear in federal law; however, for other
ages the rules change tremendously.
[HB 57 was held over.]
HB 15-SENTENCING: VEHICLE THEFT
5:09:42 PM
CO-CHAIR FIELDS announced that the final order of business would
be HOUSE BILL NO. 15, "An Act relating to sentencing for vehicle
theft in the first degree."
5:10:13 PM
The committee took a brief at-ease at 5:10 p.m.
CO-CHAIR FIELDS passed the gavel to Co-Chair Kreiss-Tomkins.
5:10:28 PM
CO-CHAIR FIELDS, as prime sponsor of HB 15, stated that in the
past six months, he has heard from many police officers that the
lack of incarceration of car thieves is well known among
recidivist car thieves; the lack of meaningful penalties,
especially for first time felony offenses, is a factor in the
dramatic growth of vehicle thefts in Anchorage. He maintained
that he drafted HB 15 in response to hearing from police
officers and constituents on this issue.
CO-CHAIR FIELDS relayed that the proposed legislation would
establish a mandatory minimum sentence of at least 120 days for
felony vehicle theft. He stated that he recognized that there
are complexities related to mandatory minimum sentences; he does
not support them in most cases; however, he expressed his belief
that it makes sense in this circumstance.
CO-CHAIR FIELDS offered that HB 15 has received support from the
Anchorage Police Department Employees Association (APDEA), the
National Insurance Crime Bureau (NICB), and the Alaska Peace
Officers Association (APOA).
5:12:23 PM
REPRESENTATIVE WOOL asked what the current sentence is for first
offense vehicle theft and what is proposed under HB 15.
REPRESENTATIVE FIELDS answered that zero to two years is the
current sentence. He expressed his belief that in practice, the
sentence is often zero years for many crimes; for those who do
go to jail for a first-time felony, there are aggravating
factors; and for second- and third-time offenses, there are
mandatory minimums of one and two years, respectively. The
proposed legislation would make the mandatory minimum for a
first-time felony offense 120 days; second and third offenses
would still have the existing mandatory minimums of one and two
years, respectively.
REPRESENTATIVE FIELDS clarified for Representative Wool that HB
15 addresses felony first-time offenses. He stated that based
on Legislative Legal Services counsel, there are misdemeanor
first-time vehicle theft offenses; however, these offenses are
in a slightly different category and are atypical, such as
failing to return a rental car for a period.
REPRESENTATIVE WOOL asked whether "joy-riding" is considered
vehicle theft.
REPRESENTATIVE FIELDS suggested that given there are both
misdemeanor and felony convictions for vehicle theft, there
would remain an element of prosecutorial digression. He
maintained that it is possible that a joy-rider might be charged
with felony vehicle theft. Recidivist criminals stealing cars
left idling by the owners to warm them up is a real concern in
the neighborhoods that he represents.
REPRESENTATIVE WOOL pointed out that there is an option for
sentencing someone for a first offense vehicle theft for two
years.
REPRESENTATIVE FIELDS acknowledged that there is a jail option
for a first offense; however, a person could steal three cars
and be released each time before being convicted for the first
crime. He maintained that the absence of meaningful penalties
for the first crime enables the thief to steal cars on multiple
other occasions. He asserted that police have described this
scenario anecdotally.
[HB 15 was held over.]
5:16:36 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 5:17
p.m.