Legislature(2013 - 2014)BUTROVICH 205
02/13/2014 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB98 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 98 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
February 13, 2014
3:30 p.m.
MEMBERS PRESENT
Senator Peter Micciche, Chair
Senator Cathy Giessel, Vice Chair
Senator Dennis Egan
Senator Click Bishop
MEMBERS ABSENT
Senator Lyman Hoffman
COMMITTEE CALENDAR
SENATE BILL NO. 98
"An Act relating to Department of Public Safety regulations
allowing village public safety officers to carry firearms."
- MOVED SB 98 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 98
SHORT TITLE: VPSO FIREARMS
SPONSOR(s): SENATOR(s) OLSON
04/05/13 (S) READ THE FIRST TIME - REFERRALS
04/05/13 (S) CRA, STA
02/11/14 (S) CRA AT 3:30 PM BUTROVICH 205
02/11/14 (S) Heard & Held
02/11/14 (S) MINUTE(CRA)
02/13/14 (S) CRA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
DAVID SCOTT, Staff for Senator Olson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information on SB 98 on behalf of
the sponsor.
COLONEL JAMES COCKRELL, Director
Alaska State Troopers & Alaska Wildlife Troopers
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Presented information about the Village
Public Safety Officer (VPSO) program.
SERGEANT CHRIS GIFFORD, President
Juneau Policy Department Employees Association
Municipal Chapter President
Public Safety Employee Association
Juneau, Alaska
POSITION STATEMENT: Voiced concerns about SB 98.
CHARLES KAMAI, JR., VPSO Coordinator
Kodiak Area Native Association
Kodiak, Alaska
POSITION STATEMENT: Testified in support of SB 98.
JODY POTTS, VPSO & VPSO Coordinator
Tanana Chiefs Conference
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of additional screening
for VPSOs.
ACTION NARRATIVE
3:30:11 PM
CHAIR PETER MICCICHE called the Senate Community and Regional
Affairs Standing Committee meeting to order at 3:30 p.m. Present
at the call to order were Senators Giessel, Egan, Bishop, and
Chair Micciche.
SB 98-VPSO FIREARMS
CHAIR MICCICHE announced that the only order of business would
be SB 98. He noted it was the second hearing on the bill.
DAVID SCOTT, Staff for Senator Donny Olson, Alaska State
Legislature, Juneau, Alaska, presented information on SB 98 on
behalf of the sponsor. He explained that the bill provides that
Village Public Safety Officers (VPSO) could be equipped with
firearms if they meet training standards set by the Department
of Public Safety. The option to arm a VPSO would be up to the
community and the VPSO coordinator. In most cases the VPSO
coordinator is a regional non-profit organization; in one case
it is the Northwest Arctic Borough.
MR. SCOTT recapped the stakeholder meeting that was held last
fall. It was attended by six legislators and Commissioner Joe
Masters and former-Commissioner Walt Monagan, both who spoke in
support of SB 98. He related that the most meaningful testimony
at the meeting came from the widow of a slain VPSO, Mrs. Madole.
Also attending were several VPSO coordinators from Southeast
Alaska, Tlingit & Haida, Alaska Village Council Presidents,
Kawerak, Inc., Northwest Arctic Borough, and other entities, all
who spoke in support of the bill. Seven or eight VPSOs attended,
shared personal stories about the increase in violence in
villages, and spoke in support of SB 98.
CHAIR MICCICHE asked if a vote was taken or if there was group
consensus.
MR. SCOTT said there was no vote, but the consensus was
overwhelming in support.
3:34:32 PM
COLONEL JAMES COCKRELL, Director, Alaska State Troopers & Alaska
Wildlife Troopers, presented information about the Village
Public Safety Officer (VPSO) program.
COLONEL COCKRELL began with a video entitled "First Responders
of the Alaska Frontiers - VPSO."
3:52:22 PM
COLONEL COCKRELL presented the VPSO budget. He noted from FY 10
on, the Governor's commitment in the form of increased funding
for VPSO presence is apparent. The current amount of the budget
is $16.5 million, which includes about $14 million to grantees
and $2 million to run the program.
He said the VPSO grantees consist of ten non-profit
organizations. He showed a map where they are located. The
biggest concentration of VPSOs is in the Yukon-Kuskokwim Delta.
He showed a graph of non-profit FY 2014 grant awards. The amount
of the grant is dictated by the location and size of village, as
well as areas with the highest incidence of public safety
incidents.
He reported that in FY 2014 there were 121 VPSO positions.
Currently, 88 of those positions are filled. The largest number
of VPSOs at any time was 101. The current turnover rate is about
33 percent.
CHAIR MICCICHE asked if that is annually.
COLONEL COCKRELL said yes. The 101 peak was in June or July and
now there are only 88.
3:55:12 PM
He related that VPSOs service 69 communities and rover VPSOs
stationed in hubs service several villages. The rover turnover
rate is much less.
SENATOR BISHOP asked if the turnover rate was 33 percent.
COLONEL COCKRELL said yes.
SENATOR BISHOP asked if an exit review is held and whether there
is a list of reasons for leaving.
COLONEL COCKRELL offered to provide that information by area. He
summarized that part of it is lack of support and housing in the
villages. Many positions are lost due to violations of the
nonprofit's policies or of the law.
3:57:10 PM
SENATOR GIESSEL asked why the North Slope has no VPSOs.
COLONEL COCKRELL replied that they have their own police
department.
He showed a video called "Service to Communities" which depicts
the various roles VPSOs play in the community.
3:59:58 PM
CHAIR MICCICHE commented that VPSOs are uniquely qualified
individuals. He did not know how villages could be managed
without the VPSO program.
COLONEL COCKRELL agreed. He concluded that the VPSO program is
critical to the Alaska State Troopers' mission. He spoke of
several recent events where the VPSO was able to secure the
scene until troopers arrived in the village. It has taken more
than a day for troopers to respond to the most recent homicides
due to weather. He spoke highly of the VPSO program.
4:01:43 PM
CHAIR MICCICHE opened public testimony.
SERGEANT CHRIS GIFFORD, President, Juneau Policy Department
Employees Association, Municipal Chapter President, Public
Safety Employee Association, Juneau, Alaska, voiced concerns
about SB 98. He agreed that there is a very real problem with
the level of law enforcement service available to rural Alaska.
State Troopers have been inadequately staffed in rural areas for
many years. The two bills regarding VPSOs and firearms currently
before the legislature are an obvious effort to begin to address
this problem. However, before simply providing a handgun and a
minimal amount of training to the VPSO, they should have the
skills necessary to reasonably carry a firearm and make the
decision when to use, or not to use, deadly force.
SERGEANT GIFFORD maintained that training VPSOs should begin
with the selection process. He related that Alaska has stringent
requirements for mental competence, personal character, and
judgment that a police officer must meet in order to receive the
training necessary for police certification. Once these
selection criteria are met, the candidate enters a police
academy which includes 900 hours of police-specific training.
This is in contrast to the 600 hours a VPSO candidate receives.
He noted that VPSO training is not police specific. There are
many hours spent training to respond to fire emergencies,
emergency medical services, search and rescue, and a minimal
amount of law enforcement compared to that of a police officer
trainee.
He provided reasons for the extensive training requirements to
recruit police officers and troopers. They will subject their
agencies to the highest level of civil liability within their
organizations, whether that be municipal or state government.
The failure to adequately train a law enforcement officer,
subjects that organization to even greater liability after a
deadly force event. This is why most police agencies spend a
great deal of time training their officers on a continual basis.
He voiced concern that an inadequate selection process and an
inadequate level of training will amount to increased liability
to the corporations who employ the VPSOs. Rural Alaskans will be
provided for, with all intents and purposes, with a police
officer who is not hired and trained to the standards of other
police officers in the state. He suggested improving the bill by
requiring armed VPSOs to be subjected to same standards of
hiring and training and probation as other Alaska police
officers.
4:05:19 PM
SENATOR EGAN asked if the training should be held at the Sitka
Academy.
SERGEANT GIFFORD said yes, or something equivalent to the
training offered there. He pointed out that the standards are
set by the Alaska Police Standards Council. He maintained that a
gun-carrying VPSO should be answerable to the same standards as
any other police officer.
4:06:07 PM
SENATOR GIESSEL stated that SB 98 is a permissive bill. It says
"may not prohibit VPSOs from carrying a hand gun." She suggested
that the corporation that hires VPSOs could require higher
standards than the bill. Because there is additional liability,
it is likely that additional training will be asked for by the
people hiring VPSOs.
MR. GIFFORD remarked that that puts the state in a position of
trusting corporations to do that. He suggested that the state
set standards that are enforceable.
CHAIR MICCICHE commented that the VPSO is often the only person
not carrying a weapon in a state where it is legal to carry
firearms.
4:07:31 PM
CHARLES KAMAI, JR., VPSO Coordinator, Kodiak Area Native
Association, Kodiak, Alaska, testified in support of SB 98. He
shared his history on the Kodiak Police Force, including the
role of Chief of Police, and on the Alaska Police Standards
Council. He said he currently works for the Kodiak Area Native
Association as the VPSO Coordinator. He opined that Alaska and
the Kodiak Area Native Association have the duty to ensure that
the most competent and qualified people to protect communities
are employed. Changing the regulations to allow VPSOs to be
armed should go hand in hand with changing the process for
vetting candidates to ensure their personal safety, as well as
the community's safety.
He said, currently, the basic standards for VPSOs require them
to be from "free of a mental or emotional condition" that would
adversely affect their performance of an essential job function.
He opined that VPSOs should be required to complete a
psychological assessment equivalent to that which is required
for Alaska State Troopers and Municipal Law Enforcement
Officers. This would be a successful strategy to mitigate future
potential claims regarding negligent hiring and training, and
others. He requested that the committee not move the bill until
it includes provisions for an expanded vetting process that
includes psychological assessments.
4:10:33 PM
JODY POTTS, VPSO & VPSO Coordinator, Tanana Chiefs Conference,
Fairbanks, Alaska, testified in support of additional screening
for VPSOs. She shared her experience as a child in a village
with a VPSO and as a VPSO. She said the increase in crime and
violence in villages requires an update in the concept of the
VPSO program. Changes need to be made to protect the safety of
the VPSOs and of the communities.
She stated that a new screening process consisting of a physical
test and a mental test should be given. She said she has no
issue with the training she received at the Department of Public
Safety Academy, but believes more training is needed if VPSOs
are going to be armed. She suggested the fiscal note be amended
to include funds for a screening process. She predicted there
will be fewer turnovers with a better screening process.
4:15:57 PM
CHAIR MICCICHE closed public testimony.
4:16:22 PM
CHAIR MICCICHE announced the committee will stand at ease.
4:18:43 PM
CHAIR MICCICHE reconvened the meeting and asked Colonel Cockrell
his thoughts about drafting adequate regulations going forward.
COLONEL COCKRELL stated that he has no doubt that the firearms
training will be structured right. He said he has full
confidence in the Department of Public Safety Academy and the
current Trooper training program. He pointed out that VPSOs
currently can be armed, just not with a hand gun.
He said he believes a VPSO who carries a firearm should go
through a psychological evaluation. It is important to give DPS
the latitude and flexibility to draft regulations to meet the
uniqueness of the VPSO program that safeguards VPSOs and the
communities they serve. He stressed that he has full confidence
the department can do so and address people's concerns.
CHAIR MICCICHE noted that regulations adopted by the
Commissioner may not prohibit a village organization from
allowing the VPSO to be armed, including additional training
requirements.
COLONEL CORKRELL said that is correct.
4:21:28 PM
SENATOR GIESSEL agreed that the legislature should not
micromanage regulations. She said she trusts DPS to write good,
comprehensive regulations.
SENATOR BISHOP pointed out that there is a 30-day review period
for regulations. The Commissioner has plenty of latitude "to
make it right."
CHAIR MICCICHE reminded the committee that the bill allows
trained VPSOs to carry firearms while on duty. Neither SB 98,
nor the new regulations, requires VPSOs to be armed. The Alaska
regional Native associations hire the officers and work with the
communities where they are posted. The wishes of individual
communities must be respected and everyone involved must have a
thorough understanding of issues surrounding arming these
officers.
COLONEL CORKRELL said DPS fully supports the bill.
CHAIR MICCICHE noted a further hearing in the Senate State
Affairs Committee.
4:23:33 PM
SENATOR GIESSEL moved to report SB 98, version 28-LS0754\A, from
committee with individual recommendations and attached fiscal
note. There being no objection, the motion carried.
4:24:10 PM
There being no further business to come before the committee,
adjourned the Senate Community and Regional Affairs Committee at
4:24 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 98 Supporting DocumentTCC Resolution 2-7-14.pdf |
SCRA 2/13/2014 3:30:00 PM SSTA 3/4/2014 9:00:00 AM |
SB 98 |
| SB 98 VPSO Program Overview S CRA 021314.pdf |
SCRA 2/13/2014 3:30:00 PM |
SB 98 |
| SB 98 VPSO Program Overview S CRA 021314 updated.pdf |
SCRA 2/13/2014 3:30:00 PM |
SB 98 |
| SB 98 VPSO response to Sen Bishop 021314.pdf |
SCRA 2/13/2014 3:30:00 PM |
SB 98 |