Legislature(2019 - 2020)GRUENBERG 120
04/04/2019 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB98 | |
| Confirmation Hearing(s) | |
| Commissioner, Department of Public Safety | |
| HB115 | |
| HB118 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 118 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 115 | TELECONFERENCED | |
| += | HB 98 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 4, 2019
3:03 p.m.
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Jonathan Kreiss-Tomkins, Co-Chair
Representative Andi Story
Representative Adam Wool
Representative Sarah Vance
MEMBERS ABSENT
Representative Gabrielle LeDoux
Representative Laddie Shaw
COMMITTEE CALENDAR
HOUSE BILL NO. 98
"An Act relating to aggregation of crimes under theft in the
second degree; relating to fraudulent use of an access device;
and relating to the crime of possession of motor vehicle theft
tools."
- MOVED CSHB 98(STA) OUT OF COMMITTEE
CONFIRMATION HEARING(S)
- HEARD
HOUSE BILL NO. 115
"An Act relating to absentee voting; and providing for an
effective date."
- HEARD & HELD
HOUSE BILL NO. 118
"An Act relating to the duties of the commissioner of
corrections; and relating to planning for prisoner reentry."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 98
SHORT TITLE: PROPERTY CRIME; MOTOR VEHICLE THEFT TOOLS
SPONSOR(s): REPRESENTATIVE(s) CLAMAN
03/15/19 (H) READ THE FIRST TIME - REFERRALS
03/15/19 (H) STA, JUD
04/02/19 (H) STA AT 4:00 PM GRUENBERG 120
04/02/19 (H) Heard & Held
04/02/19 (H) MINUTE(STA)
04/04/19 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 115
SHORT TITLE: ABSENTEE VOTING
SPONSOR(s): REPRESENTATIVE(s) TUCK
03/27/19 (H) READ THE FIRST TIME - REFERRALS
03/27/19 (H) STA, JUD
04/02/19 (H) STA AT 4:00 PM GRUENBERG 120
04/02/19 (H) Scheduled but Not Heard
04/04/19 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 118
SHORT TITLE: OFFENDER REENTRY PLANNING BY CORRECTIONS
SPONSOR(s): REPRESENTATIVE(s) FIELDS
03/29/19 (H) READ THE FIRST TIME - REFERRALS
03/29/19 (H) STA, JUD
04/04/19 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
AMANDA PRICE, Commissioner Designee
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Testified as appointed commissioner of the
Department of Public Safety (DPS).
JOEL JACKSON
Organized Village of Kake
Kake, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
on Commissioner Price.
KRIS PITTS
Maine
POSITION STATEMENT: Testified in support during the
confirmation hearing on Commissioner Price.
ROBYN LANGLIE
Anchorage, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Commissioner Price.
BRENT JOHNSON
Public Safety Employees Association (PSEA)
Wasilla, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Commissioner Price.
MARK SPRINGER, Chairman
Marijuana Control Board (MCB)
Bethel, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
on Commissioner Price.
MARTHA MERRILL
Anchorage, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Commissioner Price.
SHAUN KUZAKIN
Public Safety Employee's Association (PSEA)
Juneau, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Commissioner Price.
REPRESENTATIVE CHRIS TUCK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 115, as prime sponsor.
GAIL FENUMIAI, Director
Division of Elections (DOE)
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
115.
ACTION NARRATIVE
3:03:44 PM
CO-CHAIR ZACK FIELDS called the House State Affairs Standing
Committee meeting to order at 3:03 p.m. Representatives Story,
Wool, Vance, Kreiss-Tomkins, and Fields were present at the call
to order.
HB 98-PROPERTY CRIME; MOTOR VEHICLE THEFT TOOLS
3:04:37 PM
CO-CHAIR FIELDS announced that the first order of business would
be HOUSE BILL NO. 98, "An Act relating to aggregation of crimes
under theft in the second degree; relating to fraudulent use of
an access device; and relating to the crime of possession of
motor vehicle theft tools."
3:05:00 PM
CO-CHAIR KREISS-TOMKINS moved to adopt the committee substitute
(CS) for HB 98, Version 31-LS0626\U, Radford, 4/3/19, as the
working document. There being no objection, Version U was
before the committee.
3:05:44 PM
REPRESENTATIVE STORY commented that she supports the proposed
legislation.
3:06:20 PM
CO-CHAIR FIELDS opened public testimony on HB 98, Version U.
After ascertaining that no one wished to testify, he closed
public testimony.
3:06:38 PM
CO-CHAIR KREISS-TOMKINS moved to report the CS for HB 98,
Version 31-LS0626\U, Radford, 4/3/19, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 98(STA) was reported out of the
House State Affairs Standing Committee.
3:06:54 PM
The committee took an at-ease from 3:07 p.m. to 3:09 p.m.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
3:08:36 PM
CO-CHAIR FIELDS announced that the next order of business would
be confirmation hearings.
^Commissioner, Department of Public Safety
Commissioner, Department of Public Safety
3:09:08 PM
AMANDA PRICE, Commissioner Designee, Department of Public Safety
(DPS), in response to the request that she be sworn in for the
committee hearing testimony, stated that she does not believe
she should be subjected to any request or recommendations in
which other commissioner designees [have not] been requested to
participate; therefore, she declined taking an oath.
COMMISSIONER PRICE shared that Alaska has been awarded the
opportunity to serve as host for the National Trooper Conference
in the fall of 2020; it is a great opportunity to highlight
the great work of the Alaska Wildlife Troopers (AWT), the Alaska
State Troopers (AST), and the Public Safety Employees
Association (PSEA) and will be used in a recruitment effort.
Alaska also has been awarded the conference for the
International Association of Women Police, which will take place
in Anchorage in September 2019. She mentioned that she has
received 47 recommendations from the retention specific work
group; DPS is working to implement them; and employee engagement
in that activity has increased morale. She relayed that April
is Sexual Assault Awareness Month; DPS has joined the
legislature's efforts in "lifting up" survivors of sexual
violence.
3:11:49 PM
REPRESENTATIVE VANCE asked for a description of the duties of
the commissioner of DPS.
COMMISSIONER PRICE stated that the commissioner of DPS provides
overall policy and management to the department; the
commissioner oversees the divisions, boards, and councils within
the agency; the commissioner works with the legislature to
ensure that the governor's and the department's goals and
initiatives are being moved forward and to ensure that adequate
resources are in place for all the divisions in the department
to complete their missions.
REPRESENTATIVE VANCE asked if there are any additional duties of
the commissioner.
COMMISSIONER PRICE relayed that what she stated is the summary
provided by DPS. She continued by saying that she provides
direct policy support and direction to division directors
including the colonels of both AWT and AST. The colonels'
direct operations; her role is to ensure that there are adequate
laws in place, strategic planning in place, and adequate and
strategically placed law enforcement personnel. She added that
she monitors timelines in the delivery of services, such as for
the Division of Fire and Life Safety (DFLS). In summary, her
role is strategic planning and administration.
REPRESENTATIVE VANCE asked to know the administration's current
mandate specific to the needs of Alaska public safety.
COMMISSIONER PRICE answered that Governor [Michael J.] Dunleavy
has not given her a mandate but has indicated areas of interest.
He has identified public safety as a priority; he expects to see
an increase in the number of law enforcement personnel, an
improved response to rural public safety, and a strategic plan
to address rural public safety.
REPRESENTATIVE VANCE stated that she is looking for more
definition of the commissioner's role, what the administration
hopes to achieve with the position, and the qualifications
Commissioner Price brings to the position to fulfill those
expectations.
COMMISSIONER PRICE offered that she and the governor have
discussed the need in Alaska to address the obvious and
unacceptable rates of sexual violence. She mentioned her
experience as executive director of Standing Together Against
Rape (STAR), working with the Special Victim's Unit (SVU)
[Anchorage Police Department (APD)], the Crimes Against Children
Unit (CACU) [APD], the Alaska Bureau of Investigation (ABI)
[DPS], and statewide response to sexual assault. She stated
that the governor did not give her a mandate but specifically
asked that she develop and determine an appropriate response to
the epidemic of sexual violence and the role of law enforcement
in this response. She highlighted the following: partnering
with other agencies to improve law enforcement; ensuring a
victim-centered law enforcement response that allows DPS to
respond quickly and that encourages survivors to maintain trust
in their law enforcement personnel and their criminal justice
system; improving all elements along the spectrum of sexual
violence; supporting the investigative capacity, which will lead
to more effective referrals to the Department of Law (DOL) and
more opportunity to hold offenders accountable. She added that
due to the sheer volume of sexual violence and offenses in the
state, it is a priority.
REPRESENTATIVE VANCE asked whether Commissioner Price has prior
experience in law enforcement.
COMMISSIONER PRICE responded that she is not a sworn law
enforcement officer; however, she has worked laterally with law
enforcement.
REPRESENTATIVE VANCE asked under what authority Commissioner
Price is wearing the badge that she wears.
COMMISSIONER PRICE answered that the badge is from DFLS, and it
is the commissioner's badge. She said that AS 18.65.280
provides that the commissioner of DPS is exempt from the
statutory requirements that pertain to standards for
certification of police officers; the DPS commissioner is
considered a commissioned officer by virtue of the position;
however, there is no requirement for her to be armed or to
intervene in any activity. She stated that she has not received
Alaska Law Enforcement Training (ALET) and does not elect to do
so.
3:17:36 PM
REPRESENTATIVE STORY referred to Commissioner Price's previous
testimony [2/26/19 House State Affairs Standing Committee
meeting] in which she said she cannot commit to adding capacity
to ABI to focus on missing and murdered indigenous women. She
asked what the commissioner can commit to doing to address this
serious injustice.
COMMISSIONER PRICE responded that she does not have the
opportunity at this time to definitively commit to adding
positions to ABI with the focus on Alaska's missing and murdered
indigenous girls and women. She stated that she must assess the
challenges, and with the state's limited number of officers, she
must place them in the areas of greatest need. She shared that
although she does not have the additional officers, she will
commit to addressing the issue with ABI. She offered that there
is a great deal of work underway, including a partnership with
the University of Alaska Anchorage Justice Center (UAAJC)
evaluating all homicides in the state from a descriptive and
analytical perspective. She offered that this study is a
precursor to identifying ways to strengthen and improve
policies; the results may indicate a gap in service or areas of
greater need and, therefore, prompt her to focus additional
resources on these concerns.
REPRESENTATIVE STORY expressed her concern for families waiting
for information. She asked about the commitment to those
families.
COMMISSIONER PRICE stated that DPS has only one cold case
investigator; she does not know what DPS will do in the next six
months to support the cold case unit. She offered that DPS has
the Missing Persons Clearinghouse (MPC) that is actively worked.
She cited the recent solving of the 25-year-old homicide case -
the murder of Sophie Sergie - as evidence that DPS never stops
working on cold cases. She said that historically DPS has been
committed to continuing to work every case in MPC to the best of
its ability. It is a difficult decision to not be able to move
more officers into ABI; however, she hopes to be able to do so
as DPS builds up staff.
REPRESENTATIVE STORY stated that attention on this issue is
critically important.
3:21:42 PM
REPRESENTATIVE WOOL asked Commissioner Price to state the Alaska
Police Standards Council (APSC) requirements for certification
as a police officer in Alaska.
COMMISSIONER PRICE replied that she would provide the committee
with the certification requirements. She offered that there is
a training requirement within 12 months; she would not meet
those requirements, because she has not attended the ALET
Academy.
REPRESENTATIVE WOOL asked whether she would be willing to attend
some of the trainings required of officers.
COMMISSIONER PRICE said that she would love to do that.
REPRESENTATIVE WOOL asked Commissioner Price to state her last
job in state government.
COMMISSIONER PRICE responded that her last job in state
government was as a policy advisor for Governor Bill Walker.
REPRESENTATIVE WOOL asked her to discuss the job and the terms
of departure.
COMMISSIONER PRICE answered that the governor and she had some
great successes; it was a brand-new position; she and the
governor developed expectations for the position; and the
expectations shifted. She said that the original premise of the
position was to work across departments to improve law
enforcement response and collect data on how the state was
addressing incidences of domestic violence, sexual assault,
stalking, harassment, and other challenges. She expressed that
the position had no direct focus; the governor was very
passionate about those issues and wanted to look for ways that
the state could improve how it addressed those challenges. She
relayed that her tenure in the position had ups and downs. She
had tremendous successes working with Alaska Housing Finance
Corporation (AHFC) and the Alaska Network on Domestic Violence
and Assault (ANDVSA) to mediate a potential lawsuit regarding
disparate treatment by landlords. This work led to a gold
standard of policies and protections for domestic violence
survivors living in rental facilities. She was involved in
several similar but lower profile projects. She launched the
statewide audit for sexual assault kits, which was the
precipitating factor for the current Alaska Sexual Assault Kit
Initiative (AK-SAKI). She has been told by Brad Myrstol [Ph.D.,
associate professor] with UAA Justice Center that next year the
research project will bear fruit and be the single most
important and critical research regarding sexual violence; it
will be able to influence and inform policy in the state as
never before.
COMMISSIONER PRICE stated that the challenges [for her position]
came with Senate Bill 91 [passed during the Twenty-Ninth Alaska
State Legislature, 2015-2016, and signed into law 7/11/16]. She
was not a proponent of Senate Bill 91 and had grave concerns
from the perspective of her partners - the Anchorage Police
Department Employees Association (APDEA), Victims for Justice
(VFJ), and many of the victim service agencies receiving state
funding. These agencies expressed an overwhelming frustration
that their concerns were not being heard by the governor. She
stated that her role was to convey these concerns to the
governor, which created internal dissent. She explained that
when a senior policy advisor expresses concerns regarding a
policy that the governor supports, it creates a challenging
dynamic. She relayed that she and the governor "were not on the
same page" regarding public safety, and several of his proposals
she vehemently did not support; therefore, continuing in her
position no longer made sense.
3:27:26 PM
REPRESENTATIVE WOOL asked whether there was something specific
in Senate Bill 91 that she did not support.
COMMISSIONER PRICE replied that she was not the policy advisor
for Senate Bill 91; however, her biggest concern was what she
heard from individuals in her partner agencies that the governor
was not responsive to their concerns.
REPRESENTATIVE WOOL offered that her departure from her position
was before Senate Bill 91 was signed into law. He asked for
confirmation that the concern was before the legislation was
enacted based on anticipation of having problems with it.
COMMISSIONER PRICE answered that the concerns came about at the
inception of the Alaska Criminal Justice Commission (ACJC)
[created by the Alaska State Legislature in 2014] or shortly
thereafter. She acknowledged that APD did not have a voice in
the commission at that time; therefore, she did not have a
significant role regarding Senate Bill 91; her role was to pass
information on to the governor. She maintained that she and the
governor did align on many issues: she gave the example of the
Yukon-Kuskokwim Health Corporation (YKHC) hospital in Bethel
that had discontinued seeing sexual assault survivors in the
facility due to budgetary reasons and, therefore, were sending
these individuals to Anchorage; she and the governor
collaborated on a state response.
3:30:01 PM
REPRESENTATIVE WOOL offered that certain trends, such as a rash
of murders in Fairbanks, have been attributed to Senate Bill 91;
however, he was unable to make the connection. He asked whether
some events have been misidentified as attributable to Senate
Bill 91 or whether there were instances in which the passage of
the bill had positive ramifications.
COMMISSIONER PRICE acknowledged that there was a negative
characterization of the bill by the public based on the rise in
crime and concern for safety. She stated that crime was on the
rise prior to the implementation of the legislation; therefore,
the legislature was not the only factor leading to an increase
in crime in the state. She expressed that many people identify
Senate Bill 91 as a contributing factor. She said that her
perspective is that whether the legislature is or isn't
effective, there is much concern from the public about the
legislation; people have declared a multitude of ills as a
result of Senate Bill 91, and there is a lack of trust with the
legislation. She asserted that the bills introduced by the
[current] governor [SB 32, SB 33, SB 34, SB 35] will adequately
provide the tools to rebuild trust among law enforcement
personnel.
3:32:01 PM
CO-CHAIR FIELDS asked whether Commissioner Price left the Walker
administration under her own volition.
COMMISSIONER PRICE answered, "I'm going to say, no. ... It was
clear that it wasn't working." She said that she knew she would
be leaving; she and the governor had many challenging
conversations; she was not happy in her position; and
administration personnel were not happy with her. She explained
that she was frustrated; however, she was working on AK-SAKI and
had every intention of completing that work. She stated that
Scott Kendall, who was the governor's chief of staff for about
three months during the time of her tenure, called her into his
office, and together they decided it was time for her to leave
her position. Mr. Kendall mentioned that his discussions with
the governor supported this decision. She offered her continued
support regarding a federal grant; he thanked her for being
gracious; they shook hands; and after a couple of additional
hours in her office, she left.
CO-CHAIR FIELDS relayed that the answer she just gave was
inconsistent with previous testimony, which was that she left
because of differences over Senate Bill 91.
COMMISSIONER PRICE expressed her belief that the two answers are
not disparate; her involvement collecting adversarial comments
regarding Senate Bill 91 was one of the reasons she failed to be
influential within the Walker administration.
CO-CHAIR FIELDS related that her testimony before the Senate
Finance Committee was that she left [her position] because she
didn't share the governor's vision. He asked her whether she
thought she was asked to resign because she didn't share the
governor's vision or because of work ethic and other work
performance issues.
COMMISSIONER PRICE responded that it is her belief that she was
asked to leave for a variety of reasons. She said that the
deputy chief of staff, who worked with her for two years, has
testified in her support and identified a positive work ethic.
She stated that the chief of staff for two years, Jim Whitaker,
has offered to testify. She maintained that no one in the
administration, including Chief of Staff Whitaker and Chief of
Staff Kendall, communicated to her any concerns about work
performance or ethic.
3:35:52 PM
CO-CHAIR FIELDS asked Commissioner Price whether she had ever
presented work as her own that not her own during her time as
special advisor with the Walker administration.
COMMISSIONER PRICE replied, "To the best of my ability to answer
that question, no." She acknowledged that she forwards
information to other people; therefore, there were times when
she copied and pasted information from other agencies to pass on
in an informational brief. She maintained that in these
instances, she did not claim the work as her own.
CO-CHAIR FIELDS asked for a description of qualifying factors
that are required of a police officer in Alaska.
COMMISSIONER PRICE replied that one must be 21 years of age,
undergo a background check, and have a general educational
development (GED) certificate or high school diploma.
3:37:40 PM
REPRESENTATIVE STORY stated that Representative Kopp proposed
legislation providing an option for police officers to join a
defined benefit retirement plan. She asked if DPS supports the
proposed legislation.
COMMISSIONER PRICE replied that DPS has not taken a position on
the proposed legislation.
REPRESENTATIVE STORY asked what Commissioner Price has done to
improve the problem of recruitment and retention of law
enforcement officers.
COMMISSIONER PRICE stated that the retention work group
delivered its findings. She offered to share a copy of the
findings with the committee. She said that she aggregated a
list of the group's recommendations. Some of the
recommendations are currently underway and some are long-term.
One recommendation involves issuing a written list of
expectations in the pathway to promotion to the position of
sergeant and above; this helps to avoid the perception of
leadership being a "good old boys club"; and it affords the
opportunity for officers to meet the requirements that would
allow them to move through the pathway and have access to
promotion opportunities. She stated that some of the other
recommendations would be more difficult to implement. One such
recommendation is the creation of an internal, in-house
psychologist to address emotional and mental well-being fit-for-
duty requirements in terms of trauma-informed response after a
critical incident. She mentioned another recommendation -
implementing command climate surveys - to determine from field
personnel how a commander is performing and whether there is
effective communication within the department. She offered that
she has implemented a DPS quarterly to share information about
the work being done throughout the department. She relayed that
DPS has requested volunteer employees to review the operating
procedures manual (OPM), to identify ways to improve
psychological services, critical incident debriefing, and
improve the employee recognition program.
REPRESENTATIVE STORY asked the commissioner how she is tracking
the situation of untested rape kits.
COMMISSIONER PRICE answered that the AK-SAKI work group
continues to meet. They have prioritized the effort, which
involves ensuring there is adequate material to be tested
through deoxyribonucleic acid (DNA) analysis and an anticipated
result from the analysis. The kits continue to be sent out to
the external lab as per the federal grant that was secured for
the initiative. She expressed her concern that DPS address its
internal policies to ensure that in 10 years it is not facing
another [rape kit] backlog. She offered her understanding that
legislation has been introduced regarding mandatory submission
of kits; AST and AWT have voluntarily adopted a 30-day mandatory
submission policy; and the UAAJC research component has the
potential of providing lawmakers an opportunity to strengthen
laws relating to sexual assault.
REPRESENTATIVE STORY asked the commissioner what her main
priorities will be in her role.
COMMISSIONER PRICE responded that her main priority is an
adequate, trained workforce to provide the mission critical
services of law enforcement and life and safety preventive
activities throughout the state. She maintained that DPS,
outside of AST and AWT, has experienced a tremendous lapse in
morale over previous years due to a variety of circumstances; an
aggregate total of factors has negatively impacted the morale of
the department. She emphasized that she cannot improve how DPS
provides public safety services without a healthy, trained
workforce, and that is her number one priority initially.
3:43:50 PM
REPRESENTATIVE STORY asked for comment on Alaska's performance
in providing adequate public safety to rural communities.
COMMISSIONER PRICE offered her belief that Alaska is failing in
providing adequate public safety to rural communities. She said
that she thinks there is a tremendous opportunity for DPS to
improve how it provides services; there needs to be
collaborative, collective conversations among DPS, lawmakers,
and other partners throughout the state to develop and determine
what the minimum standard of public safety and law enforcement
response should look like in the rural communities and beyond.
She maintained that there is no research, documentation, or
support to inform DPS as to what adequate staffing levels should
be in order to meet any standard in the state - urban, rural, or
otherwise. She said that there is tremendous work to be done.
REPRESENTATIVE STORY asked how the commissioner sees the Village
Public Safety Officer (VPSO) program working under her
leadership.
COMMISSIONER PRICE expressed her belief that the VPSO program is
a critical factor in addressing rural public safety; the
mechanism by which the program is currently operating needs to
be addressed to ensure it is efficient and effective. Currently
DPS is experiencing the lowest number of VPSOs it has had in the
past 10 years; the state needs to identify the expectation in
terms of public safety for communities and work to meet those
expectations. She offered that DPS has made great headway with
the current grant agreements: allowing the [non-profit Native
corporation] grantees more autonomy in hiring and spending
funds; minimizing the challenging costs of regulation and
administration; and reducing the amount of time VPSOs are away
from their villages for ALET training from 15 weeks to 6 weeks.
She maintained that DPS has made significant changes in an
attempt to support the grantees and their ability to recruit and
retain officers; however, with the short amount of time she has
been in the position, she is unsure of the next steps beyond the
improvements that she has made for fiscal year 2020 (FY 20).
REPRESENTATIVE STORY asked whether Commissioner Price has been
able to meet with the VPSO program grantees.
COMMISSIONER PRICE answered that she has met with large groups
of grantees but not individually. She participated in the
Alaska Federation of Natives (AFN) legislative event and is
available to attend other such events as requested. Her office
is in regular communication with the grantees, program
coordinators, and VPSOs.
3:47:22 PM
REPRESENTATIVE VANCE asked Commissioner Price to relate the
scope of her authority as commissioner and as "top cop."
COMMISSIONER PRICE responded that technically the top cop in the
state is the attorney general. She stated that the commissioner
of DPS is a civilian administration position, although it has
historically been filled by a law enforcement professional. She
relayed that she is the ultimate signatory authority, such as
for a waiver for a VPSO grantee to give someone with a
misdemeanor conviction Criminal Justice Information Services
(CJIS) security clearance. She stated that she is the signing
authority on the decisions regarding day-to-day operational
needs.
REPRESENTATIVE VANCE asked whether as a civilian, she gives
credentials to law enforcement officers.
COMMISSIONER PRICE replied that under statute, she is no longer
a civilian. She explained that it is the APSC that provides
certification; the council is made up of a variety of police
officers from throughout the state; it issues and revokes police
officer certifications.
REPRESENTATIVE VANCE asked the commissioner what her role is in
relation to the council.
COMMISSIONER PRICE answered that she does not have a seat on the
council; Deputy Commissioner Michael Duxbury sits on the
council.
REPRESENTATIVE VANCE acknowledged the commissioner's experience
with sexual assault issues; however, she offered that the
position entails so many more issues; Alaska is facing some of
the steepest increases in crime in the nation. She asked the
commissioner to relate her experiences regarding issues outside
of sexual assault.
COMMISSIONER PRICE replied that DPS has division directors who
are responsible for the operational components of law
enforcement; Colonel Barry Wilson is the director of AST, and
Colonel Doug Massie is director of AWT. She said that the two
directors are assigned the authority for operational direction
of funds and resources to address drugs, vehicle theft, property
crimes, homicides, ABI, and more; they are part of her senior
leadership team; they meet with her regularly; they brief her on
a variety of issues; and they provide direction and feedback on
how their activities fit into DPS's strategic plan.
COMMISSIONER PRICE relayed that as someone who has managed
several organizations, she recognizes that being removed from
day-to-day detailed conversations presents opportunities. She
gave examples of her role supporting law enforcement operations:
She conferred with a rapid DNA [analysis] company and approved a
pilot project, which would train troopers to process DNA and
identify a suspect in 90 minutes using in a machine that could
be carried in a patrol car. The new executive director under
the High Intensity Drug Trafficking Area (HIDTA) grant has been
hired; the HIDTA executive board is an aggregate group of law
enforcement professionals from around the state; with 20 years
of experience with grant management and distribution, they will
be awarding grants in an effort to meet strategic goals and
planning; this work will directly relate to the drug
interdiction forces currently in DPS. She concluded by saying
that her role is managing at a high level all the components of
DPS and ensuring the necessary communication to take advantage
of opportunities.
3:52:49 PM
REPRESENTATIVE VANCE expressed her concern that a commissioner
coming into the position as a civilian with no public safety
experience and having much more experienced personnel as
subordinates, could influence morale in the department.
COMMISSIONER PRICE responded that she disagrees that she has no
experience in public safety at all; she has worked with SVU,
CACU, ABI, and with thousands of response cases alongside of the
men and women who serve in [public safety] and have a deep
understanding of law enforcement. She suggested that the
committee ask her supporters and review the letters of support
and endorsements from PSEA. She stated that she has been
humbled and honored by the tremendous outpouring of support from
troopers, fire marshals, deputy fire marshals, shelter program
personnel, the manager of the sex offender registry, and
information technology (IT) staff. She mentioned that she
herself had doubts about being a civilian in the role of
commissioner. She relayed that what she has heard from the
department collectively and loudly is overwhelming support for
her. She passed on a comment by AST Captain Ron Wall that she
is the best commissioner that DPS has had. She offered that she
has received support specifically because she is not a law
enforcement personnel.
3:55:15 PM
CO-CHAIR FIELDS asked why commissioners obtain security
clearances through the Federal Bureau of Investigation (FBI).
COMMISSIONER PRICE answered that the primary reason
commissioners obtain a CJIS clearance is to have access to law
enforcement sensitive information.
CO-CHAIR FIELDS asked if the CJIS clearance would relate to
information about emergency response or terrorism incidents.
COMMISSIONER PRICE replied that there is a need for the
commissioner to have clearance in order to engage in
conversations involving law enforcement sensitive information.
CO-CHAIR FIELDS asked whether she thinks it would be helpful for
a commissioner to be able to coordinate in the event of a
terrorist attack or another emergency response situation in
which one would need a secret security clearance to engage in
those conversations.
COMMISSIONER PRICE responded that since the prior two
commissioners did not have active security clearance - Top
Secret (TS) or otherwise - her answer is no.
CO-CHAIR FIELDS asked Commissioner Price if she has a security
clearance with the FBI.
COMMISSIONER PRICE answered that she does not have a TS or a
Sensitive Compartmented Information (SCI) clearance. She added
that she would not have it even if she applied, because it takes
months to obtain. In response to Co-chair Fields, she confirmed
that she did not apply for a TS/SCI clearance because it is not
a necessary component for the position of commissioner of DPS.
CO-CHAIR FIELDS stated that members of the media have submitted
Alaska Public Records Act (APRA) requests related to allegations
of plagiarism, absenteeism, and misleading testimony regarding
the reason for her departure from the Walker administration. He
asked whether she knew why the administration has not complied
with the requirements of APRA.
COMMISSIONER PRICE responded that she was not aware of the
request. She stated that she would be happy to answer any
questions that the committee has.
CO-CHAIR FIELDS asked the commissioner if she was aware that the
governor's staff had corresponded with at least one member of
the media and repeatedly stonewalled an APRA request made over
two months ago.
COMMISSIONER PRICE replied that she was aware of an APRA request
but not of the list of allegations. She was aware of a request
related to plagiarism but was not party to any conversations
with the governor's staff about the release of information.
3:58:43 PM
REPRESENTATIVE WOOL asked how many VPSOs there were and how many
live in the villages in which they work.
COMMISSIONER PRICE replied 43 and said that the majority live in
villages and/or village hubs. She mentioned that Fairbanks is
the only urban area with VPSOs and VPSO coordinators, and they
serve the surrounding area.
REPRESENTATIVE WOOL asked her to comment on VPSO applicants who
have misdemeanor convictions and her ability to waive the
background check for them. He asked whether waiving the
background check has been an issue with hiring VPSOs.
COMMISSIONER PRICE answered that through the grant agreement
with the grantees, when there is a denial for CJIS clearance,
the VPSO director will request a waiver, barring felony
convictions and several other violation categories. She said
that at the request of the grantee and if the grantee feels that
there were extenuating circumstances, she can choose to waive
the CJIS clearance decline.
REPRESENTATIVE WOOL asked her to comment on any policy changes
recently making VPSO applicants ineligible.
COMMISSIONER PRICE explained that there was a significant shift
in 2015, when there were conversations about potentially arming
VPSOs and doing so became a statutory opportunity. At that time
DPS made the decision to require VPSOs undergo the stringent
background check that troopers undergo and attend the full
academy training in Sitka. She expressed her understanding that
these two requirements were very prohibitive in the ability to
recruit and retain individuals for the VPSO program, because the
individuals were [then] well qualified to work for other police
departments. They would attend the full ALET academy, serve as
VPSOs, and receive VPSO certification, which made them eligible
to transfer to a police department. She stated that the
grantees indicated to her that adding an expansive background
check and full ALET training was prohibitive.
REPRESENTATIVE WOOL asked her for her opinion on the issue.
COMMISSIONER PRICE opined that VPSOs don't have a need to attend
the full ALET academy training; therefore, DPS is reducing the
requirement to only include the statutorily mandated 240 hours
of training - or 6 weeks in the academy. She stated that DPS is
not creating a new academy but re-aligning the curricula so that
the first 6 weeks provide the VPSOs with all that they need.
She offered that the fall academy will be the first one to try
this out.
COMMISSIONER PRICE continued by saying that with the
introduction of the grant agreement for FY 20, DPS is returning
to the grantees the background check authority. She said that
AST and DPS will no longer be completing the background checks
unless the grantee requests it. The grantees asked for this
authority; they are still bound by statutes and regulations;
however, they have indicated that this will help them be able to
recruit.
4:04:03 PM
REPRESENTATIVE WOOL asked whether any issues were identified in
her own background check.
COMMISSIONER PRICE replied, no. She underwent a fingerprint-
based background check at the state level, completed by the
Western Identification Network (WIN), which was automated by a
metric identification system. She also was checked through the
FBI's Next Generation Identification (NGI) system; the report
from that system grants clearance based on criminal justice
repository information submitted by criminal justice agencies
and all information housed by the FBI. After these checks, she
was granted full and unrestricted access to all DPS criminal
justice systems.
REPRESENTATIVE WOOL asked what the number one issue was for
officer retention as revealed by the retention work group. He
mentioned that legislators have heard a great deal about
officers being trained at no small expense to the state, working
five years, then leaving. He asked for her comments on that
issue.
COMMISSIONER PRICE responded that when she directed the
workgroup to complete the task, she asked them specifically to
exclude salary or benefits in the conversations. She explained
that the reason she did that was because she wanted
recommendations for which she could affect change, acknowledging
that salary and benefits were not under her authority to change.
She stated that there was not one recommendation at the top of
the list of recommendations; however, the consistent thread
running through the report was the sense of not being valued,
poor communication by leadership, inadequate training,
inadequate tools and equipment, and command not understanding
everyday work. She said, "It was sort of an overwhelming
'nobody cares.'" She maintained that fixing this issue was
easy: mandating her command staff to do post visits;
designating command visits as mission critical, thereby, lifting
the travel restrictions; employing officer wellness in terms of
psychological and mental health; and attending to secondary - or
vicarious - trauma.
4:07:56 PM
REPRESENTATIVE WOOL asked whether "salary and benefits" is the
most important issue, even though it isn't something she can
affect directly.
COMMISSIONER PRICE answered that the decisions made by the
legislature to increase pay 7.5 percent and an additional 7.5
percent pending approval during the current session has made a
difference in encouraging troopers to stay. She stated that the
results of the Commissioned Employee Engagement Survey (CEES)
indicated that pay and/or benefits would neither cause the
respondent to stay in the job nor cause them to leave his/her
job. She stated that salary and benefits is an important prong
in the ability to recruit and retain officers; however, it is
not the only prong. She maintained that it doesn't matter how
much you pay employees or what their benefits look like; if they
are miserable and they are not valued, they are unlikely to
stay.
4:09:51 PM
CO-CHAIR FIELDS asked Commissioner Price if she has current or
recent personal financial issues.
COMMISSIONER PRICE answered that she had a foreclosure a little
over one year ago. As a result of her husband being in an
accident and being relieved from duty as an Anchorage police
officer, her family experienced a significant financial
challenge.
CO-CHAIR FIELDS asked whether she understands why a significant
financial problem could be a disqualifier for police officers.
COMMISSIONER PRICE replied that she understands that it could be
a disqualifier potentially for TS/SCI clearance; however, it is
not a prohibitive factor for receiving those clearances; it is
one factor that is considered.
CO-CHAIR FIELDS asked whether she believes that she could be
hired and certified as a trooper, and whether she has undergone
a trooper background check.
COMMISSIONER PRICE responded that she does not know if there is
a difference between her background check and one for a trooper.
She offered that she has not been polygraphed, and troopers are
polygraphed. She suspects that troopers are subject to checks
that she has not undergone.
CO-CHAIR FIELDS asked for confirmation that she has not applied
for a TS/SCI clearance.
COMMISSIONER PRICE answered, "Just like all of my troopers,
correct, I have not."
4:11:24 PM
CO-CHAIR KREISS-TOMKINS stated that making the VPSO program more
functional has been a subject of interest for everyone in the
legislative and executive branches. He stated that his
observation is that a great deal of attention has been directed
toward the relationship between DPS and the grantees. He asked
how many times Commissioner Price has met with the leadership of
the non-profit grantees during her tenure as commissioner.
COMMISSIONER PRICE reiterated that she has met with large groups
of grantee representatives - five or six at a time - multiple
times. She has participated in the AFN legislative quarterly
meeting. She committed to Will Mayo [Executive Director, Tribal
Government and Client Services] that she would participate in
any events upon request and has done so. She relayed that she
plans to attend the next meeting between DPS and the VPSO
commander and his staff of coordinators; she will be introducing
the changes to the grant agreement recommended by DPS and
solicit feedback. She acknowledged that she has not met one-on-
one with every grant administrator or non-profit grantee CEO;
she has met with them in group settings with their lobbyist.
CO-CHAIR KREISS-TOMKINS asked her to describe the relationship
between DPS and the regional non-profit grantees from her
perspective.
COMMISSIONER PRICE explained that it is a very troubled
relationship; it is not troubled because of who the commissioner
is or because of who sits in the legislature. There have been
multiple attempts by DPS commissioners and the legislature over
the past 20 years to address challenges within the VPSO program.
She said that the fact that she is a direct speaker has created
a new dynamic of discomfort; her hope is that when she explains
the recommended changes with the grantees, her direct
communication style and clear desire to improve the program will
mitigate that stress. She pointed out that she has a supportive
administration; [former] Commissioner [Walt] Monegan tried very
diligently to restructure the VPSO program; however, the
administration did not support moving in that direction. She
reiterated that it is a challenged program; she is not
responsible for the challenges; and the legislative body and
different commissioners have requested audits. She expressed
her desire to address the challenges and figure out a way to
mitigate and minimize them - not necessarily to strengthen the
program but to ensure that the state is responding to its rural
communities in the most responsible way possible.
4:16:21 PM
CO-CHAIR KREISS-TOMKINS asked for the commissioner to relay the
changes to the VPSO program.
COMMISSIONER PRICE reviewed the changes as follows: 1) reducing
training time from the full ALET [16-week] training to 6 weeks
by realigning the curricula; VPSOs can attend, generate
relationships with other trainees, receive the statutorily
required 240 hours, then return to their communities; 2)
returning the authority for completing background checks for
hire to the grantees; and 3) returning some of the
responsibility, authority, and determination to make decisions
about allocation of funds to the grantees, but still maintaining
state oversight. She added that these changes will be presented
as recommendations, and DPS will discuss them with the grantees
collaboratively.
COMMISSIONER PRICE reiterated that there would be a meeting in
late April [2019], at which DPS will be meeting with the non-
profit grantee staff, VPSO coordinators, and AST program staff
to collaborate on the FY 20 grant agreements. She confirmed
that the meeting will be the first with all the mentioned
participants since she became commissioner.
4:19:24 PM
REPRESENTATIVE VANCE asked Commissioner Price about the scope of
her authority, specifically as a civilian taking the position of
the commissioner and assuming the duties of an officer.
COMMISSIONER PRICE answered that statutorily she is now
identified as a commissioned officer; however, she has not
assumed the duties of an officer, since she has not received
officer training.
REPRESENTATIVE VANCE asked the commissioner whether she could
waive a misdemeanor upon grantee request.
COMMISSIONER PRICE responded that she cannot waive a
misdemeanor, as that is a criminal justice system matter. She
can waive the decline that DPS has placed on hiring the
individual [with a misdemeanor].
REPRESENTATIVE VANCE asked if her understanding is correct that
Commissioner Price is statutorily a law enforcement officer.
COMMISSIONER PRICE responded that she has not attended the
academy training to be an AST, because the position of
commissioner is a civilian administration position. She added
that DPS is much more than just AST. She listed the divisions
of DPS.
REPRESENTATIVE VANCE asked for confirmation that the
Commissioner's experience is in domestic violence and sexual
assault advocacy.
COMMISSIONER PRICE replied that she has more than 20 years of
experience in managing a variety of organizations, which
included fiscal responsibility, operational administrative
strategic development, personnel development and growth, and
anything to do with securing successful resources and directing
day-to-day operations.
REPRESENTATIVE VANCE asked for the number of officers that the
state needs.
COMMISSIONER PRICE replied that the number is unknown because
the state has never adequately reviewed, researched, or provided
data on how many officers Alaska should have to provide an
adequate law enforcement presence. She relayed that there are
40 authorized vacant position control numbers (PCNs); DPS has
filled 18 of those positions with the academy that is currently
in session; and the remaining 20 will be filled by the fall
academy. She stated that after all the PCNs are filled, she
will seek supplemental funding to hire additional troopers;
having all the authorized PCNs filled does not mean that DPS has
adequate staffing.
4:23:02 PM
REPRESENTATIVE VANCE expressed her appreciation for the ideas
and changes that the commissioner is implementing. She
maintained that it is the job of legislators to determine if the
commissioner is qualified to fulfill that role and respond to
anything that might occur in the future. She asked Commissioner
Price to tell the committee how she is qualified, given she has
no law enforcement training or direct experience.
COMMISSIONER PRICE maintained that she is exceptionally
qualified for the position of commissioner, and law enforcement
is not required. She stated that DPS has hundreds of years of
law enforcement experience collectively through the law
enforcement personnel who make up about half of DPS employees.
She explained that DPS needs a leader who understands how to
grow the department into an effective highly performing law
enforcement and prevention component for the state in order to
address crime. It needs someone who understands budget and
finances and can ensure that appropriated funds are being
adequately utilized to carry out the mission. She relayed that
she has a very strong recruitment unit under the direction of an
excellent lieutenant and sergeant who report to a talented 30-
year colonel with AST. She asserted that DPS has adequate law
enforcement; what it doesn't have are troopers who can manage a
department; troopers make great troopers but not great managers,
because it is not what they are trained to do.
REPRESENTATIVE VANCE asked whether, as the leader of the
department, she should be held to the same standards as her
subordinates. She clarified by saying that Alaska public safety
officers have a strict set of guidelines for conduct that the
public and the academy expect them to follow; she asked if the
commissioner was projecting those expectations in her management
and recruitment process.
COMMISSIONER PRICE answered, no, she does not need to qualify
with a firearm like a trooper or climb a rope or over a fence
like a trooper must be able to do at the academy; commissioner
is a civilian position. She emphasized that, of course, she
needs to reflect the standards that DPS has for all employees
and those which all state employees should reflect.
REPRESENTATIVE VANCE asked the commissioner to relate the code
by which the troopers live.
COMMISSIONER PRICE answered that on the badge is loyalty,
integrity, courage.
4:26:40 PM
REPRESENTATIVE WOOL asked for the average length of stay of a
state trooper.
COMMISSIONER PRICE answered that DPS has a tremendously high
number of senior staff who have served 20-plus years. She said
that this is concerning for the state because they will be
eligible for retirement within a few years. She mentioned mid-
range employees who have served between 10-20 years. She said
that she didn't know the average tenure; however, DPS is losing
those with 0-10 years from the department at a much more rapid
pace.
REPRESENTATIVE WOOL referred to her testimony regarding the
survey in which only 20 percent listed salary and benefits as
the top concern. He asked how many of the respondents were
under [Public Employees' Retirement System (PERS)] Tier IV and
how many have been around for 10-20 years. He offered his
understanding that there are many experienced employees about to
retire, and employees just coming in are not staying very long.
He asked whether the survey separated the Tier IV responses from
Tiers I, II, and III.
COMMISSIONER PRICE acknowledged that being a challenge with the
survey; someone under Tier II with 20 years might not consider
benefits as impactful. She maintained that she supports
troopers and, anecdotally, AST and all Alaska peace officers
indicate that a return to defined benefits would be beneficial
to them. She said that she has yet to see an analysis of a
return to defined benefits that meets the needs of troopers and
the needs of the state in this fiscally challenged time.
REPRESENTATIVE WOOL relayed that legislators have heard about
the [retirement benefits] issue in the context of troopers,
firefighters, and many other state employees. He said he was
surprised to hear one commissioner mention that it was an issue
for his/her department. He asked how many of the troopers who
entered the academy in the last ten years [have left]. He
suggested that if that number is high, and they are all Tier IV
hires, then that may identify the problem. He stated that he,
too, is concerned about the finances of the state; however, if
it costs $200,000 to train a trooper and five years later the
trooper leaves and the state must pay another $200,000 to train
another trooper, then fiscally it might be worth the investment.
COMMISSIONER PRICE answered that she does not have that
information; however, DPS has done an analysis and she can
provide the data. She stated that the common goal is a strong,
healthy, well-supported law enforcement force for the state.
REPRESENTATIVE WOOL maintained that although management and
"rank-and-file" do not always agree, everyone should agree on
this issue, in order to fulfill the goals of retention and
keeping employees happy and wanting to stay.
4:31:32 PM
CO-CHAIR FIELDS referred to Commissioner Price's resume, which
states as follows: "Proven leadership success both statewide
and nationally in non-profit management ...." and asked her to
describe her experience in national non-profit management.
COMMISSIONER PRICE answered that she managed multiple national
non-profit organizations. She highlighted one - the American
Heart Association (AMA) - for which she received the national
"newcomer of the year" award at a national conference for
improving the scope of services provided to rural Alaska
communities.
CO-CHAIR FIELDS asked whether historically DPS has carried
funded, unfilled positions on its balance sheet.
COMMISSIONER PRICE responded that her understanding is that
every year there has been approved PCNs in the budget that DPS
has not had the opportunity to fill.
CO-CHAIR FIELDS asked whether she agrees with the
characterization that the funding for 77 unfilled positions
constitutes a "slush fund."
COMMISSIONER PRICE replied that she finds the term "slush fund"
wildly offensive - both to the legislative body and to DPS. She
stated that to her, slush fund means misuse of funds, and she is
certain that such a fund would be detected by the legislature.
The funds from the unfilled PCN positions are being used to fund
necessary and critical personal services for overtime. She
maintained that DPS could do a better job of providing the
legislature information about where and how funds are being
spent.
CO-CHAIR FIELDS stated that it is his understanding that it
takes up to eight months to perform new hire background checks.
He asked whether she thought it would be difficult to ask
someone to stay unemployed for half a year while he/she waits
for a possible job.
COMMISSIONER PRICE agreed and answered that it is difficult for
AST and AWT as well.
CO-CHAIR FIELDS asked for the number of VPSO applications with
pending background checks.
COMMISSIONER PRICE replied, "It's four."
CO-CHAIR FIELDS expressed his understanding that the number is
several times that number.
COMMISSIONER PRICE answered, "I can definitively say it's not
several time more than that."
CO-CHAIR FIELDS mentioned that the commissioner has stated on
record that the VPSO program is not following statute and asked
her if she is aware of the legislative intent language
supporting more flexibility for funds in order to address
unfunded mandates, recruitment, and retention.
COMMISSIONER PRICE answered, "Yes, I was."
CO-CHAIR FIELDS asked the commissioner to comment on special
projects that were denied by the department related to
recruitment and retention of VPSOs and how those decisions
aligned with the legislative intent language.
COMMISSIONER PRICE replied that since Governor Dunleavy has
taken office, there have been zero declined special projects
related to the VPSO program.
CO-CHAIR FIELDS asked whether she know how long the intent
language has been in place for grantees to use these funds.
COMMISSIONER PRICE expressed her belief that the intent language
was put forth by the legislature during the [Thirtieth Alaska
State Legislature, 2017-2018]; the VPSO commander made changes
in the way funding was allocated and forward funded the grantees
at the beginning of the grant cycle in FY 19.
4:35:55 PM
CO-CHAIR KREISS-TOMKINS referred to her testimony that someone
in the department had characterized her as the best commissioner
he had seen. He asked her to relate the accomplishments that
have occurred through her leadership in her four to five months
in the position to warrant the characterization.
COMMISSIONER PRICE responded that she is sure that
Representative Kreiss-Tomkins could find a trooper who called
her the worst commissioner also. She offered a few non-tangible
accomplishments: telling the recruitment unit that they are a
priority and whatever they need they will get; calling command
staff into the office to tell them that they don't need to
concern themselves with the budget, as it is her job. She said
that historically they have been trying to manage the budget; it
is not their job; and she wants them [free] to do their jobs of
operating their divisions. She mentioned specific
accomplishments: She commissioned a staffing assessment for C
Detachment in Western Alaska and a staffing assessment for B
Detachment in the Matanuska-Susitna (Mat-Su) Borough. Staffing
assessments provide DPS with a clear picture of the staffing
levels appropriate for a borough based on its challenges. She
stated that the assessments have not been utilized and expressed
her belief that the data needs to be reviewed to inform where
DPS places troopers and to grow the force. She relayed that she
now has commissioned a C detachment staffing assessment for
Western Alaska, which she said is going to look much different
than the previous one because Western Alaska struggles with the
highest rates of sexual violence in the state. The number of
troopers and suggested training hours will be different and
adding in allocated trooper time will also change the staffing
assessment.
CO-CHAIR KREISS-TOMKINS asked whether in summary, the
commissioner would say that the primary outcome of change in the
department in the past four to five months has been a "cultural
shift."
COMMISSIONER PRICE responded, "I serve the men and women who
serve this department, and we all serve the citizens of Alaska."
She expressed her belief that it is that attitude that has been
the primary pivot for change.
4:39:28 PM
REPRESENTATIVE VANCE expressed a need to address some of the
concerns that the public has brought forward. She offered that
the many rumors that have been passed around should be addressed
head-on. She asked the commissioner to comment on her
involvement with the Dunleavy [gubernatorial] campaign and her
transfer to the [Edie] Grunwald campaign [for lieutenant
governor].
COMMISSIONER PRICE answered that she was a deputy campaign
manager for the Dunleavy campaign. She left that campaign twice
- once when her father passed away - and the second time in
March or April [of 2018] when she felt she was not contributing;
however, she was clear when she left that she continued to be a
Dunleavy supporter. She relayed that her dear friend Edie
Grunwald was running for lieutenant governor and requested that
Commissioner Price provide support, which she did.
REPRESENTATIVE VANCE mentioned that the use of Dunleavy
photographs (photos) in the Grunwald campaign gave the
appearance that he endorsed her candidacy, when in fact he had
not. She asked the commissioner to comment.
COMMISSIONER PRICE responded that she could not comment because
she had never heard the rumor, seen the photos, or seen
correspondence from candidate Dunleavy to candidate Grunwald
about it. She said that it was the first time she heard of the
accusation.
REPRESENTATIVE VANCE offered that the reason for her exit from
the Walker administration - coming to an agreement that it just
wasn't working - sounds similar in nature to her exit from the
Dunleavy campaign. She suggested that the commitment to be
present and involved with whatever administration with which she
is working is in question. She asked for a comment on that
point.
COMMISSIONER PRICE asked who was questioning - Representative
Vance or a broader scope. She stated that serving in an at-
will, appointed position for an administration has a specific
set of challenges. As an administration moves forward it is not
unusual for that administration to experience a change in high-
level officials, including the chief of staff, deputy chief of
staff, herself, and multiple other members who left Governor
Walker's administration during the time frame that she left.
She said that it does not make sense to continue working for
someone, with whom you believed you could affect change, as
priorities change. She stated that she is not a politician; her
specific passion is public safety and improving the conditions
of vulnerable populations; and she didn't feel that she had the
opportunity to continue that work under Governor Walker. She
emphasized that they had different priorities; and she considers
him a kind and wonderful man.
COMMISSIONER PRICE offered that regarding Governor Dunleavy, the
fact that he appointed her as commissioner designee of DPS
reflects that they maintained a strong and supportive
relationship during the transition, and he was supportive of
that transition. She said that she tends to be conservative
when speaking about these types of decisions that have been made
because she doesn't see the benefit in saying anything negative
about prior employers.
4:44:22 PM
REPRESENTATIVE VANCE mentioned that questions have surfaced
about travel duties under the Walker administration.
COMMISSIONER PRICE replied that some of her duties included
travel through rural Alaska as needed; for example, [to Bethel]
at the governor's request to address the situation she mentioned
previously regarding YKHC. She attended many community council
meetings on the governor's behalf; she traveled to Washington,
D.C. to provide support for his senior advisor on
intergovernmental affairs, who was to testify at the [U.S.]
Senate Committee on Indian Affairs; she attended the National
Criminal Justice Association (NCJA) conference. She offered
that she did not do much out-of-state travel, because of travel
restrictions; her travel was mainly in-state travel to Western
Alaska.
REPRESENTATIVE VANCE asked the commissioner about the
expectations for her to attend all the workshops at a
conference.
COMMISSIONER PRICE replied that it depended on the conference:
at some conferences she was a presenter; some conferences had a
variety of tracks for selection. She selected those
presentations that were most relevant to her work and briefed
the chief of staff, governor, or deputy chief of staff.
REPRESENTATIVE VANCE stated that her intent in asking the
questions was to give her the opportunity to speak to her
integrity and to the propaganda that has been put forth.
COMMISSIONER PRICE stated that she has had a tremendous and
humbling amount of support for her confirmation as commissioner.
She relayed that the supporters include a multitude of active
and retired law enforcement professionals who have known her for
a decade, and not people who participate in innuendo,
accusations, and rumors. They include Governor Walker's chief
of staff and deputy chief of staff, forensic child interviewers,
the president of the Alaska Chapter of Child Advocacy Centers
(CACs), the former executive director of VFJ, the former colonel
of AST, the PSEA, and her current staff. She reminded the
committee that DPS staff is not a group who is given to offering
endorsements. She stated that she is not surprised by the
accusations and inuendo; none to date have been validated; the
mainstream media has not offered such comments. She said, "It's
certainly ... feels like it's in this bubble here of Juneau."
4:49:31 PM
CO-CHAIR FIELDS mentioned that he would like the administration
to forward on to the committee the APRA response to one or more
members of the media that has been submitted regarding her prior
work issues. He referred to her testimony regarding the chief
of staff's support for her confirmation. He stated that in
order to avoid breaching confidentiality of personnel matters he
forwarded the request [letter dated 4/3/19 included in the
committee packet] from the former chief of staff, [Scott
Kendall, under the Governor Bill Walker administration, from
December 2016 to December 2018] that she voluntarily waive her
personnel privacy to the extent that her job may have been
covered by the Alaska State Personnel Act (ASPA [AS 39.25] and
the Alaska Executive Branch Ethics Act [AS 39.52]; he has not
received a response. He asked whether she would voluntarily
waive any privacy obligations under the Alaska State Personnel
Act to testify and hear testimony from previous administration
officials in this hearing or in subsequent public hearings.
COMMISSIONER PRICE answered that she does not believe that
accepting an appointment to a position within an administration
requires her to waive any rights or protections that any citizen
is afforded. She relayed that the individual that
Representative Fields referenced has the full authority to call
in on his own behalf and engage in the public and transparent
process if he wishes; he does not need her waiver.
4:51:33 PM
CO-CHAIR FIELDS opened public testimony on the confirmation
hearing on the commissioner of DPS.
4:51:41 PM
JOEL JACKSON, Organized Village of Kake, testified that he was a
former Village Police Officer. He offered his support for the
VPSO program and relayed concerns with Alaska's 911 system. He
also mentioned the limitations with the VPSO program as it
currently is and the delay in AST response to an incident in the
village.
4:57:37 PM
KRIS PITTS testified that she was a longtime resident of
Anchorage and has known Commissioner Price for a decade. She
stated that she worked in the professional world with the
commissioner providing education to statewide multidisciplinary
personnel, including public safety professionals, and providing
advocacy for sexual assault victims. She described Commissioner
Price as a community leader, proponent for the entire public
safety community, and an advocate for all Alaskans. She
referenced the high rate of crime and sexual assault in Alaska.
She relayed that Commissioner Price's practical and operational
experience and dedication will bring about much needed long-
lasting and positive change that Alaska's public safety
professionals deserve. She maintained that Commissioner Price
will provide confident, informed, and forward-thinking oversight
and policy direction.
5:00:22 PM
ROBYN LANGLIE testified that she worked closely with the
commissioner as an employee of VFJ. She maintained that under
the commissioner's leadership, STAR grew, made better
connections with law enforcement, and expanded services. She
said that when she, Ms. Langlie, became the executive director
of VFJ, Commissioner Price was working for Governor Walker on
crime and policy; the commissioner was respectful and
professional; Commissioner Price tried to have Ms. Langlie's
concerns about Senate Bill 91 heard by the governor.
MS. LANGLIE described the commissioner as someone who is not
afraid of conflict or to tackle controversial or broad scale
issues. She said that she is impressed with the commissioner's
leadership skills and thinks that having someone in the position
of commissioner, who is not a law enforcement professional who
has come up through the ranks, is refreshing. She maintained
that Commissioner Price has more of the victim's perspective.
5:03:16 PM
BRENT JOHNSON, Public Safety Employees Association (PSEA),
testified that he is impressed with her motivation, drive,
abilities, and ideas in forward thinking. He stated that he has
been involved with public safety for almost 20 years; change is
very difficult for people in law enforcement; however, with
Commissioner Price there is an opportunity for positive change.
He mentioned that he was appointed to her employee retention
work group; many of his suggestions were put forward and are in
the list of recommendations. He emphasized the speed at which
Commissioner Price organized the group; the group put together
the recommendations in less than two months; and the
recommendations are already being implemented out in the field.
He relayed that this effort immediately caused a boost in morale
among DPS officers.
MR. JOHNSON offered that Alaska leads the nation in domestic
violence, sexual assault, and violence against women. He stated
that having someone from the advocacy side of those issues is a
great opportunity for officers to learn, see a different
perceptive, and take a different path. He mentioned that his
organization is enthusiastic about having a commissioner who is
not from the law enforcement field. He expressed a common
belief among officers - that Alaska's DPS is about 20 years
behind other such departments in the country in policy, tactics,
and equipment. He stated that in the commissioner's short
tenure, she has addressed all three areas, and is pushing the
department forward rapidly to catch up with the rest of the
nation. He maintained that law enforcement throughout the
country uses education and research to drive their policing
practices; these tools are being utilized in Alaska for the
first time by Commissioner Price. He said, "And we as an
organization and as members of this department are highly
excited for that opportunity to join the twenty-first century of
law enforcement."
5:07:06 PM
MARK SPRINGER, Chairman, Marijuana Control Board (MCB),
explained that MCB is charged with protecting the health and
safety of Alaskans through AS 17.38 and [3] AAC 306. He stated
that the board has encountered issues, of which Commissioner
Price is aware. The commissioner has the authority to authorize
what is needed by the Alcohol & Marijuana Control Office (AMCO)
investigators to perform their jobs. There are seven
investigators - in Fairbanks, Anchorage, and Juneau - to enforce
marijuana statutes and regulations. The investigators are sworn
officers who, until recently, have been considered by the State
of Alaska to be peace officers. They all have extensive law
enforcement and criminal investigation experience; four are APSC
certified; two have out-of-state law enforcement certification
with Alaska recertification; and one is a certified federal law
enforcement officer. He stated that AMCO inspectors are not
boiler investigators. Last year AMCO received an audit by FBI
on CJIS, which includes Alaska Public Safety Information Network
(APSIN), National Crime Information Center (NCIC), and Atlantic
Research Marketing Systems (A,R.M.S.), and passed without
issues.
MR. SPRINGER relayed that on 12/1/18, AMCO had its access to
APSIN and A.R.M.S. cut off by DPS. The commissioner is aware of
this issue and has not taken any action to reverse it. It is
problematic for the investigators to do their jobs and raises
officer safety issues. He stated that all the investigators are
special commissioned officers at the request of the Alcohol
Beverage Control (ABC) Board and MCO under statute; the
commissions are from DPS; three of the investigators requested
that their commissions be renewed, which has not happened. He
mentioned other issues critical to [AMCO} officer safety as
follows: officers across the state are not permitted to use the
DPS Alaska Land Mobile Radio (ALMR) System talk groups to
communicate with AST; officers requested to be allowed to use
emergency lights on their vehicles, which DPS has not
authorized. He concluded by saying that the AMCO investigators
do a very important job for the people of the State of Alaska,
and the issues are worthy of the committee's attention.
5:12:02 PM
REPRESENTATIVE WOOL asked Mr. Springer if he holds the law
enforcement seat on the board.
MR. SPRINGER responded that his seat is the "rural seat,"
however, he is the chairman of the board.
REPRESENTATIVE WOOL asked for the reason AMCO investigators
would need to be armed or use emergency lights when inspecting
alcohol and marijuana businesses. He said that in his 25-plus
years of experience in such a business, he has never had an
incident in which an investigator needed to be armed or arrive
with emergency lights.
MR. SPRINGER answered that the emergency lights are not the
light bars like on a state-owned public safety response vehicle.
For an inspector who does a "shoulder tap" at a liquor store and
a bad situation develops, he/she might want to use emergency
lights; it would not be for a routine license inspection. He
stated that the investigators are law enforcement officers, and
these are common law enforcement tools. He maintained that the
larger issue is DPS not considering the investigators as peace
officers and commissioned law enforcement officers, and the
effect that has on officer safety.
5:15:04 PM
MARTHA MERRILL testified that her husband, Andrew Merrill, is a
17-year AST, currently a captain and commander of the VPSO
program, and acting commander of C detachment, which is Western
Alaska. Her husband has described to her the changes at work
since Commissioner Price became commissioner: when he speaks to
Commissioner Price he feels "his voice is heard"; she has
committed to being responsible for her own decisions; she is
attentive to and overwhelmingly supportive of the VPSO program
and of Mr. Merrill's goals for the program; and she has taken
the time to listen to Mr. Merrill explain the program. She
offered that her husband has said that Commissioner Price is not
superficial; she is thoughtful and decisive. She maintained
that bringing someone into the position of commissioner of DPS
without direct "boots on the ground" experience can increase
morale in all the divisions. She said that she has not seen her
husband this excited about going to work and attending meetings.
She asserted that Commissioner Price routinely speaks eloquently
and respectfully in her professional life.
5:20:27 PM
SHAUN KUZAKIN, Public Safety Employee's Association (PSEA),
testified that he has been an AST for 19 years. He reiterated
that Commissioner Price, immediately upon appointment by the
governor, approached PSEA and began working to improve morale.
She is approachable, intelligent, does her homework, understands
DPS thoroughly, and is a good leader.
5:22:21 PM
CO-CHAIR FIELDS closed public testimony on the confirmation
hearing on the commissioner of DPS. He stated that the
nomination would be held over.
5:23:20 PM
The committee took an at-ease from 5:23 p.m. to 5:25 p.m.
HB 115-ABSENTEE VOTING
5:25:29 PM
CO-CHAIR FIELDS announced that the next order of business would
be HOUSE BILL NO. 115, "An Act relating to absentee voting; and
providing for an effective date."
5:25:49 PM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, as prime
sponsor of HB 115, paraphrased from the sponsor statement as
follows:
House Bill 115 would give Alaskans the option to
receive absentee ballots by mail for future state
elections.
Currently, the Permanent Absentee Voter List is
limited to Alaskans that reside in remote areas
without reasonable access to an in-person polling
place, disabled voters who ask to be designated a
permanent absentee voter, and voters whose permanent
residence is an institution serving the aged or
persons with a disability.
House Bill 115 would preclude the Division of
Elections from requiring a voter who chooses to
receive an absentee ballot for all future elections to
reapply for an absentee ballot unless the voter has
not voted an absentee ballot for a period of four
years or the voter's previous absentee ballot was
returned to the division as undeliverable.
Since the 1960s, absentee voting has been legal in
most states as a way for eligible voters to cast a
ballot without being at their normal designated
polling place on Election Day. The federal Voting
Rights Act of 1970 included protections for absentee
voters. Currently, eight states and the District of
Columbia allow permanent absentee voting.
House Bill 115 would give voters the option to always
receive an absentee ballot without having to fill out
an application. This simple change to Alaska's
absentee voting system would make absentee voting in
Alaska more convenient for those who prefer the ease
of casting a ballot through the mail.
Please join me in support of House Bill 115, which
will strengthen our representative democracy by making
it easier for Alaskans to cast a vote.
REPRESENTATIVE TUCK referred to Hawaii's voter registration
application, which allows the applicant to choose to always vote
by mail, unless terminated by missing an election or the ballot
is returned to Hawaii's Office of Elections.
5:29:07 PM
REPRESENTATIVE WOOL asked about the mechanics of voting under
the proposed legislation - whether a voter's name would be at a
polling place if they received and returned a ballot to the
Division of Elections (DOE) by mail. He asked whether the
proposed legislation represents a precursor to "vote by mail."
REPRESENTATIVE TUCK responded, "It can be." He added that under
HB 115, voting by mail would be an elective for the individual
and not enforced on everyone. He mentioned that he likes to go
to the polling place to vote; however, the proposed legislation
offers a convenience for voters.
REPRESENTATIVE VANCE asked about the process for applying for an
absentee ballot - by paper, online, or both.
5:30:47 PM
GAIL FENUMIAI, Director, Division of Elections (DOE), answered
that currently DOE allows people to vote absentee by applying by
mail, by facsimile (fax), or through its on-line ballot delivery
system.
REPRESENTATIVE VANCE referred to the zero-fiscal note (FN) and
asked whether under HB 115, there would be increased costs for
automatically mailing out ballots for four years.
MS. FENUMIAI replied that DOE anticipates that under HB 115, the
increase would be gradual. It is possible that the number of
people choosing to vote by mail would become great enough to
cause DOE to reevaluate and possibly request a budgetary
increase; however, at this time there is much uncertainty.
REPRESENTATIVE VANCE asked for the number of absentee voters
currently [participating] in statewide elections.
MS. FENUMIAI responded that it fluctuates from year to year -
from a primary election to a general election.
REPRESENTATIVE VANCE asked for a general estimate to project the
fiscal impact. She pointed out that when the Municipality of
Anchorage implemented its Vote By Mail, the cost was more than
$1 million - substantially more than in-person voting.
MS. FENUMIAI replied that in the 2018 general election, there
were 25,807 people requesting a ballot by mail; in the 2016
general election, there were 31,499; in the 2014 general
elections, there were 31,282; in the 2012 general election,
there were 33,940; in the 2010 general election, there were
30,400; and the 2008 general election had 45,769.
5:33:46 PM
REPRESENTATIVE STORY asked for clarification: if a person
requested an absentee ballot, it would automatically be sent to
them for the next four years.
REPRESENTATIVE TUCK responded by saying that the preference
would be a check box for someone to opt to have a permanent
absentee ballot.
REPRESENTATIVE WOOL asked whether for someone applying for an
absentee ballot, his/her name would be taken off the voter list
in the polling place or the name on the mailed ballot would be
cross-referenced against the names at the polling place.
MS. FENUMIAI answered that there are mechanisms for marking the
precinct register, if someone has voted already. She expressed
her belief that currently DOE does not have the capability of
marking "requested an absentee by mail ballot." She said DOE
has checks and balances in place to check whether someone voted
a by-mail ballot and at the polling place on Election Day. She
maintained that the person's name would not be removed from the
register; the register contains every eligible voter in the
precinct. A person requesting a by-mail ballot may change
his/her mind and go to a polling place instead.
REPRESENTATIVE VANCE commented that she highly values the
integrity of elections, and she expressed that having an
automatic mail out for four years by checking a box is
concerning. She offered her belief that this removes the
accountability to make a concerted effort to be involved in the
voting process. She suggested that having such a check box for
receiving the permanent fund dividend (PFD) for four years is
abhorrent to her, because she believes that the process for
applying for the PFD should be intentional and should ensure
residency and identification. She offered that over-convenience
may encourage disengagement. She stated that she likes the idea
of reminding people that it is time to vote; just because the
ballot comes by mail does not ensure engagement; and the cost of
printing and mailing is a concern to her.
REPRESENTATIVE TUCK stated that the intent of HB 115 is to make
voting more convenient; because of that convenience, the
Anchorage municipal elections received much greater
participation. He added the it provides convenience to people
in hospitals, people who are bed-ridden, people who are
disabled, and people in rural Alaska, who can only vote by mail.
He reiterated the conditions under which the permanent absentee
voting would be discontinued.
REPRESENTATIVE TUCK agreed to invite testimony from the
Municipality of Anchorage Elections to provide more information
on any election integrity issues as a result of its Vote By Mail
system.
REPRESENTATIVE WOOL, in response to Representative Vance's
concern, commented that one still must receive the ballot, open
it up, fill it out, and mail it back, therefore, putting some
thought and time into voting.
CO-CHAIR FIELDS mentioned that the mailed ballot is quite
challenging.
CO-CHAIR FIELDS stated that HB 115 would be held over.
5:41:38 PM
The committee took an at-ease from 5:41 p.m. to 5:42 p.m.
CO-CHAIR FIELDS passed the gavel to Co-Chair Kreiss-Tomkins.
HB 118-OFFENDER REENTRY PLANNING BY CORRECTIONS
5:42:50 PM
CO-CHAIR KREISS-TOMKINS announced that the final order of
business would be HOUSE BILL NO. 118, "An Act relating to the
duties of the commissioner of corrections; and relating to
planning for prisoner reentry."
5:42:59 PM
CO-CHAIR FIELDS, as prime sponsor, presented HB 118 with the use
of a PowerPoint presentation, entitled "House Bill 118." He
turned to slide 2, entitled "Background," which graphically
illustrates the decline in Alaska recidivism rates by calendar
year [CY2011 - CY2015]. He reviewed the bullet points on the
slide, which read:
• Reentry provides resources for citizens to
successfully transition back in to our communities by
utilizing individualized case management, programming,
and support services
• Alaska has begun to see a steady decline in recidivism
• Reentry push began in 2010 and has spanned multiple
administrations
CO-CHAIR FIELDS referred to slide 3, entitled "Offender
Management Plans (OMPs)," and described them using the bullet
points on the slide, which read:
• Used as a Case Plan for coordination between the
Department of Corrections and Reentrant and Community
Providers
• Case Plans are live documents developed after prisoner
intake and are updated prior to transition and release
into the community
• Prioritizes needs for citizens to have successful
transition out of incarceration
• Based off of risk treatment assessment
• Addresses
• Medical treatment
• Mental health
• Housing needs
• Financial issues
• Job skills
• Life skills
• Education
• And more
CO-CHAIR FIELDS pointed out that the more effective an OPM is
the fewer people reenter incarceration through recidivism.
CO-CHAIR FIELDS moved to slide 4, entitled "Reentry Coalitions
Across the State," and relayed the developments listed on the
slide, which read:
• Reentry Service: any service provided by a community
or state organization that serves individuals released
from the criminal justice system back into the
community
• Reentry coalitions:
• Facilitate community assessment of assets,
barriers, and gaps for returning citizens
• Develop solutions for case coordination
challenges using evidence based approaches
• Design and implement a Comprehensive Community
Reentry Plan
• Coordinate Offender Management Plans
• Participants in Reentry Coalitions include Alaska
Division of Public Health, Alaska House Finance
Corporation, The Salvation Army, Alaska Native
Justice Center, The Alaska Labor Exchange System,
Chanlyut, Nine Start Education & Employment
Services, Alaska Mental Health Trust Authority,
Southcentral Foundation, Partners for Progress, and
Cook Inlet Tribal Council.
5:46:38 PM
CO-CHAIR FIELDS referred to slide 5, entitled "Reentry
Coalitions in Alaska," which shows the locations of reentry
coalitions on the Alaska map and lists them as follows:
• Coalitions in Anchorage, Matsu, Fairbanks, Juneau,
Kenai, Dillingham, Nome, Ketchikan
CO-CHAIR FIELDS moved on to slide 6, entitled "What is currently
in law?" and reviewed the legal requirements, which read:
• Reentry planning
• DOC must establish an institutional case plan for
every individual serving a term of 30 days or more
• DOC must establish a reentry plan for every
individual serving a term of 30 days or more
• DOC is required to work with prisoners within 90
days of their release date in order to establish a
written reentry plan
• We hope to build on long term planning for success
after release with this bill
CO-CHAIR FIELDS turned to slide 7, entitled "House Bill 118," to
summarize HB 118, which read in part:
• HB 118 requires that a written case plan take effect
within 90 days after a prisoner's sentencing
• HB 118 ensures that the DOC collaborates with
community reentry coalitions and other providers of
reentry services when developing a written case plan
5:48:45 PM
CO-CHAIR KREISS-TOMKINS asked about the growth of reentry
coalitions over the past 10 years.
CO-CHAIR FIELDS replied that his recollection is that several
years ago when he worked for the Department of Labor & Workforce
Development (DOLWD), the only active community reentry
coalitions were in Southcentral Alaska; now they are all over
the state. There were individuals and groups working on reentry
issues; however, they weren't organized as reentry coalitions
comprehensively looking at wraparound services, housing,
substance abuse treatment, and employment in a community.
CO-CHAIR FIELDS continued to review slide 7, which read in part:
• HB 118 establishes new metrics tracking the results of
the program that conducts assessments of the risks and
needs of offenders and a report presented to the
legislature that includes
• Number of prisoners provided written case plans,
percentage of target population that number
represents
• Number of written case plans initiated within the
preceding year
• Number of written case plans updated in the
preceding year
CO-CHAIR FIELDS added that data will assist in measuring the
success of reentry programs - giving the state an opportunity to
strengthen programs or make changes. He also added that the
number of updated case plans speaks to how active the plans are.
5:51:30 PM
REPRESENTATIVE WOOL moved to adopt the committee substitute (CS)
for HB 118, Version 31-LS0724\S, Radford, 4/3/19, as the working
document. There being no objection, Version S was before the
committee.
CO-CHAIR KREISS-TOMKINS stated that HB 118, Version S, would be
held over.
5:52:25 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 5:52
p.m.