03/09/2011 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing: State of Alaska Parole Board | |
| SB61 | |
| Confirmation Hearing: Board of Governors of the Alaska Bar Association | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 61 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 9, 2011
1:30 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Joe Paskvan
Senator Lesil McGuire
Senator John Coghill
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 61
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
- MOVED CSSB 61(STA) OUT OF COMMITTEE
CONFIRMATION HEARINGS
Parole Board
Daniel Morris
CONFIRMATION ADVANCED
Board of Governors of the Alaska Bar
William Granger
CONFIRMATION ADVANCED
Police Standards Council
Rebecca Hamon
Kelly Alzaharna
Bernice Troglio
CONFIRMATIONS ADVANCED
PREVIOUS COMMITTEE ACTION
BILL: SB 61
SHORT TITLE: 2011 REVISOR'S BILL
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL
01/24/11 (S) READ THE FIRST TIME - REFERRALS
01/24/11 (S) STA, JUD
02/15/11 (S) STA AT 9:00 AM BUTROVICH 205
02/15/11 (S) Heard & Held
02/15/11 (S) MINUTE(STA)
02/17/11 (S) STA AT 9:00 AM BUTROVICH 205
02/17/11 (S) Moved CSSB 61(STA) Out of Committee
02/17/11 (S) MINUTE(STA)
02/21/11 (S) STA RPT CS 2DP 3NR SAME TITLE
02/21/11 (S) DP: WIELECHOWSKI, MEYER
02/21/11 (S) NR: KOOKESH, PASKVAN, GIESSEL
02/28/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/28/11 (S) Heard & Held
02/28/11 (S) MINUTE(JUD)
03/09/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
DANIEL MORRIS, Appointee
State of Alaska Parole Board
Soldotna, AK,
POSITION STATEMENT: Testified as appointee to the State of
Alaska Parole Board.
WILLIAM GRANGER, Appointee
Board of Governors of the Alaska Bar Association
Anchorage, AK
POSITION STATEMENT: Testified as appointee to the Board of
Governors of the Alaska Bar Association.
THERESA OBERMEYER, representing herself
Anchorage, AK
POSITION STATEMENT: Testified in opposition to the appointment
of Mr. Granger.
KELLY ALZAHARNA, Appointee
Alaska Police Standards Council
Barrow, AK
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
TERRY VRABEC, Director
Alaska Police Standards Council (APSC)
Juneau, AK
POSITION STATEMENT: Provided information related to APSC
process and procedures.
REBECCA HAMON, Appointee
Alaska Police Standards Council
King Salmon, AK
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
BERNICE TROGLIO, Appointee
Alaska Police Standards Council
Anchorage, AK
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council
ACTION NARRATIVE
1:30:01 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:30 p.m. Senators Paskvan,
McGuire, Coghill, Wielechowski, and French were present at the
call to order.
^Confirmation Hearing: State of Alaska Parole Board
CONFIRMATION HEARINGS
State of Alaska Parole Board
1:32:39 PM
CHAIR FRENCH announced the first order of business would be
confirmation hearings. He asked Mr. Morris to tell the committee
about himself and why he wants to serve on the State of Alaska
Parole Board.
DANIEL MORRIS, Appointee, State of Alaska Parole Board,
Soldotna, AK, stated that this is his first week serving on the
Parole Board; he is impressed with the quality of personnel and
excited about the job. He informed the committee that he has 23
years experience in law enforcement; three years as military
police and 20 years with the Kenai Police Department, the last
nine of which he served as the chief of police. He's been
retired for more than eight years and looks forward to this
important opportunity.
CHAIR FRENCH asked how large the Kenai Police Department was
when he served as chief of police.
MR. MORRIS replied there were 25 employees. During his time with
the department he served on the Alaska Police Standards Council
for one four-year term, two and one half as chair. He added that
he has a bachelor's degree in criminology and an associate
degree in criminal justice administration.
CHAIR FRENCH reviewed Mr. Morris' resume and asked if during the
time he served on the Kenai force, he had occasion to appear at
Parole Board hearings.
MR. MORRIS replied that as an officer his only contacts were
with the Department of Corrections (DOC) itself through the
Wildwood pretrial facility. As chief he attended peninsula-wide
law enforcement meetings and he interacted with parole officers
at the Kenai office as they worked to revoke probation. He added
that the board currently meets at the Parole Board office, which
is next to the J.C. Penny parking garage.
1:36:33 PM
SENATOR PASKVAN asked about his philosophy and approach to
service on the Parole Board.
MR. MORRIS replied public safety is his number one focus, and he
is aware that everyone who appears before the Parole Board will
at some point reenter the community. These people should be
treated with respect and held accountable for their actions,
while ensuring that the best interest of the state and its
citizens are considered.
CHAIR FRENCH thanked Mr. Morris for stepping forward to serve.
SENATOR MCGUIRE reviewed his resume and asked what
recommendations he made to revise the Alaska Administrative Code
pertaining to the Alaska Police Standards Council when he served
on the council and if they were adopted and finalized into law.
MR. MORRIS apologized that he didn't recall.
SENATOR MCGUIRE stated that Mr. Morris is well qualified to
serve. She provided her email for further communication.
CHAIR FRENCH found no further questions and solicited a motion.
1:39:50 PM
SENATOR WIELECHOWSKI moved to advance the name Daniel Morris to
the joint session of the Senate and House for confirmation to
the State of Alaska Parole Board. There being no objection, it
was so ordered.
SB 61-2011 REVISOR'S BILL
1:40:22 PM
CHAIR FRENCH announced the consideration of SB 61 and noted that
it was heard previously. [CSSB 61(STA) was before the
committee.]
1:40:33 PM
SENATOR WIELECHOWSKI moved to report CS for SB 61, version I,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR FRENCH announced that without objection, CSSB 61(STA)
moved from the Senate Judiciary Standing Committee.
At ease from 1:41 p.m. to 1:42 p.m.
^Confirmation Hearing: Board of Governors of the Alaska Bar
Association
CONFIRMATION HEARINGS
Board of Governors of the Alaska Bar Association
CHAIR FRENCH announced the next order of business would be a
confirmation hearing for William Granger to serve on the Board
of Governors of the Alaska Bar Association. He asked Mr. Granger
to tell the committee about himself and his continued interest
in serving.
1:42:52 PM
WILLIAM GRANGER, Appointee, Board of Governors of the Alaska Bar
Association, stated that he is a lifelong resident of Anchorage
and a banker by profession. He served on the Board of Governors
for nine years and has been off for about one and a half years.
CHAIR FRENCH asked if during his nine year of service any issues
particularly stand out.
MR. GRANGER replied it was a busy nine years; disciplinary
procedures were streamlined, a free online research system for
the membership was developed, rules were tweaked and changed,
and the annual budget was balanced.
CHAIR FRENCH pointed out that he was first nominated by Governor
Knowles, reappointed by Governor Murkowski, and now is
renominated by Governor Parnell. The Board of Governors of the
Alaska Bar has 12 members, three are non-attorneys appointed by
the governor and nine are active bar members who are elected by
active bar members. This means that legislators have influence
over just the three non-attorneys; the other nine do not go
through this confirmation process.
He asked Mr. Granger if his work duties at Wells Fargo Bank
would interfere with his duties on the Board of Governors.
MR. GRANGER replied the bank is very supportive of his decision
to serve and there would be no problems.
CHAIR FRENCH explained to Mr. Granger that the teleconference
equipment wasn't working properly and he wouldn't be able to
stay connected telephonically while Theresa Obermeyer gave
testimony in opposition to his nomination, but he would be
reconnected after that to provide any rebuttal statements. He
told Mr. Granger he could watch and listen to the live stream at
AlaskaLegislature.tv.
1:47:44 PM
At ease to connect the public testifier.
1:48:31 PM
CHAIR FRENCH reconvened the hearing and asked Ms. Obermeyer to
put herself on the record and begin her testimony.
1:48:52 PM
THERESA OBERMEYER, representing herself, said she regrets that
she didn't hear Mr. Granger's opening statement. She stated that
she knows Mr. Granger and she didn't believe that he had changed
his prejudiced views. She asked if Mr. Granger was listening to
her comments.
CHAIR FRENCH explained the teleconference difficulties and said
he may be listening to the web stream.
MS. OBERMEYER continued her testimony and expressed discontent
with the Alaska Bar exam process and procedures. She expressed
her belief that Mr. Granger will be interested in asking
questions and starting creative thinking as a member of the
Board of Governor of the Alaska Bar Association. Public advocacy
doesn't exist, she stated.
1:57:02 PM
At ease to reconnect Mr. Granger.
CHAIR FRENCH asked Mr. Granger if he would like to respond to
anything Ms. Obermeyer said.
MR. GRANGER declined comment.
SENATOR MCGUIRE thanked Mr. Granger for his service.
1:58:46 PM
SENATOR MCGUIRE moved to advance the name William Granger to the
joint session of the Senate and House for confirmation to the
Board of Governors of the Alaska Bar Association. There being no
objection, it was so ordered.
At ease from 1:59 p.m. to 2:00 p.m.
Alaska Police Standards Council
2:00:09 PM
CHAIR FRENCH asked Ms. Alzaharna to tell the committee about
herself and her interest in serving on the Alaska Police
Standards Council.
KELLY ALZAHARNA, Appointee, Police Standards Council, informed
the committee that she is the North Slope Borough chief of
police in Barrow. She has been in law enforcement for 23 years,
21 of which have been in Barrow. She has always been interested
in maintaining integrity and high standards in law enforcement
throughout the state and her service on the Police Standards
Council since 2009 has been a mechanism to achieve that goal.
CHAIR FRENCH asked if she had gone through the confirmation
process before or if she was placed on the board pending
confirmation.
MS. ALZAHARNA replied this is the first time she's been through
the confirmation process.
CHAIR FRENCH asked her to tell the committee why she is
interested in police standards and what her experience has been
since she began serving.
2:01:53 PM
MS. ALZAHARNA explained that early in her career she became
involved in training police officers to be safe and have a
better relationship with the public. The North Slope Borough
Police Department hired her from New Mexico and within nine
months she was promoted to establish a training unit for the
department. She has also worked with other departments to
address the issues that make it difficult to meet law
enforcement standards in rural communities. Since she's been on
the board, the bulk of the work has been to review pending cases
certifications and decertifications.
2:03:32 PM
CHAIR FRENCH asked if during her time on the council, she'd had
to take decertification votes.
MS. ALZAHARNA said yes.
CHAIR FRENCH asked how she approaches that.
MS. ALZAHARNA explained that it's typically a slow process.
There's been an investigation and the director updates the board
along the way as to the status of the pending decertification so
there's adequate information to make a good decision when the
time comes. Nonetheless, it's a difficult decision and she takes
the process seriously because decertification likely ends a
career.
2:04:36 PM
CHAIR FRENCH asked how likely is would be that a person who has
been decertified in one state could get a police certificate
somewhere else.
MS. ALZAHARNA replied she couldn't speak to the likelihood
because each state is different, and she isn't sure if another
state would recognize that a person had been decertified in
Alaska.
CHAIR FRENCH observed that people in the audience were
indicating that decertification is a death knell to a police
career. He asked how often the police council meets.
MS. ALZAHARNA answered twice a year; once in December in
conjunction with the executive development conference and once
in conjunction with the Alaska Peace Officers Association
conference. She added that she has attended three meetings so
far and the experience has been agreeable.
2:05:52 PM
SENATOR MCGUIRE asked why both the police officer positions she
held in New Mexico were so short.
MS. ALZAHARNA explained that she had a college degree when she
got the job with the Las Cruces Police Department, but she
didn't earn enough money to get off food stamps. She switched to
work for the university police department because the pay was
about $100 more per month and she could take additional
university courses for free. Having higher aspirations than to
live on food stamps, she applied for a position with the North
Slope Borough Police Department when it was brought to her
attention.
SENATOR MCGUIRE asked why she decided to return to school in May
2005 to get a Masters of Arts in organizational leadership. She
further asked where Azusa Pacific University (APU) is located.
MS. ALZAHARNA replied it's located in Azusa, California, which
is a suburb of Los Angeles. The program was a combination of
distance-education and on-campus, so she was on campus two weeks
each semester. She selected the organizational leadership
program because it would be useful across disciplines. This
continuing education was in addition to the bachelor's degree
she received in 1985.
SENATOR MCGUIRE asked if she was aware of the conviction of
former Anchorage Police Department (APD) Officer Anthony
Rollins.
MS. ALZAHARNA answered yes.
SENATOR MCGUIRE highlighted a similar case in the North Slope
Borough of a police officer using his badge and authority to
rape women, and asked if it's been a priority on the Police
Standards Council to discuss training procedures to keep police
officers from using the power of their badge for sexual abuse.
Senator McGuire expressed extreme concern that both cases
involved multiple rapes, and one resulted in the death of a
young woman in Western Alaska. She asked Ms. Alzaharna if she
too was concerned and what the Police Standards Council intends
to do about this.
2:11:11 PM
MS. ALZAHARNA replied she is very concerned and she deals with
those types of issues on day-to-day basis. The NSBPD provides
training for officers and she makes her expectations about
officer performance and behavior very clear. There hasn't been
an overall discussion on that topic since she began serving on
the Police Standards Council, but it is warranted, she said.
SENATOR MCGUIRE asked Ms. Alzaharna to take a leadership role on
this topic, and said she would follow up with a written request.
Improved training is needed for all members to better
understand: how people get off the path; the temptation to abuse
power; the warning signs that fellow officers can look for; the
procedure for reporting to superiors; and that young women
should be informed of their rights when they suspect that an
officer is abusing his power and authority. We need to provide
training so that the young men and women who are serving proudly
and with honor aren't embarrassed by their few colleagues who
fall into those conundrums, she stated.
2:13:28 PM
MS. ALZAHARNA agreed that that sort of training should be
available at all department levels, and that the APSC could
certainly move that task to a higher priority.
CHAIR FRENCH asked if APSC will decertify former Officer
Rollins.
MS. ALZAHARNA deferred to the council director.
2:14:35 PM
TERRY VRABEC, Director, Alaska Police Standards Council,
explained that the criminal case is over as of this morning so
the council will be able to act on its concerns and move forward
with the surrender of his certificate or decertification.
SENATOR PASKVAN asked if there will be an effort to improve the
procedures so that potential problems could be identified and
weeded out early on, because he suspects that warning signs were
overlooked in both cases.
MR. VRABEC agreed that sometimes there are signs and it's a
matter of whether or not they're reported. Officers at the
Police Academy receive extensive training in ethics and behavior
he said, but it's important to keep in mind that between
corrections and police there are 3,000 officers, and a few
potentially won't do their jobs correctly. In the two cases that
were mentioned the officers definitely went off the far end, but
as a whole he believes the officers in this state perform very
well. He highlighted that departments statewide make independent
decisions about training and some conduct extensive training in
this area. He noted that he recently met with Commissioner
Masters' staff and APSC is again working with the Police Academy
on additional training to determine what can be done differently
to help officers make the right decisions.
2:17:45 PM
SENATOR MCGUIRE reiterated that she would send a letter to the
APSC asking for more thorough officer training, and she would
like a written response memorializing the verbal commitments
made today. She asked if there is an opportunity for officers to
anonymously report to a superior any warning signs they see in a
fellow officer, and if there is a way for a member of the public
who has been arrested to make a request for a follow-up
investigation without fear of retribution. She suggested that a
statement reaffirming the importance of safety for the women of
Alaska would help women feel that APSC takes this seriously and
is making an effort.
2:20:07 PM
MR. VRABEC said he would formally put this topic on the agenda
at the next council meeting and he would be happy to have a
follow-up meeting. He explained that some agencies automatically
do extensive background checks as part of the hiring process,
but some smaller departments can't afford that so the APSC helps
with some of those costs. Psychological and polygraph screening
on the front-end has certainly been successful in weeding out
potentially problematic officers.
CHAIR FRENCH found no further questions and asked for a motion.
2:21:26 PM
SENATOR WIELECHOWSKI moved to forward the name Kelly Alzaharna
to the joint session of the Senate and House for confirmation to
the Alaska Police Standards Council. There being no objection,
it was so ordered.
2:22:57 PM
CHAIR FRENCH asked Ms. Hamon to tell the committee about herself
and her interest in serving on the Alaska Police Standards
Council.
REBECCA HAMON, Appointee, Alaska Police Standards Council, King
Salmon, said she has lived and worked in this small Bush
community for 12 years. For the past two years she has worked
for Safe and Fear Free Environment, Inc. (SAFE), an advocacy
program for victims of sexual assault and domestic violence. She
highlighted that the levels of domestic violence and sexual
assault in the state and Southwest Alaska in particular are
extremely high. It's a common problem throughout the villages,
and she's come to understand what a long complicated process it
is for victims to go through the judicial system. I can bring
the victim's point of view to the council, she stated.
2:25:19 PM
CHAIR FRENCH pointed out that the Alaska Police Standards
Council has four public members on the board, two from
communities with populations of 2,500 or less and King Salmon
qualifies under that standard. He asked Ms. Hamon why she came
to Alaska.
MS. HAMON replied she and her husband came to Alaska in 1998
after he got a job as a scientist at Katmai National Park.
CHAIR FRENCH asked what prompted her interest in advocacy for
victims of domestic violence and sexual assault.
MS. HAMON said that after living in the community for awhile she
began to see the problems related to alcohol and drug abuse,
some of which had been ongoing for generations. After her
children were older she began social service volunteer work and
someone suggested she apply for a job with the advocacy program.
After doing some research, she became interested and that was
the beginning.
2:27:29 PM
CHAIR FRENCH asked if she had attended a meeting of the Alaska
Police Standards Council.
MS. HAMON said no, but she had read about their work.
SENATOR MCGUIRE asked if she heard the discussion with the
former applicant.
MS. HAMON said no because of teleconference difficulties.
SENATOR MCGUIRE summarized the discussion with Mr. Vrabec and
Chief Alzaharna. He asked if she was aware of the Rollins case
and if she had any thoughts about training police to be
respectful of women and not using their badges for sexual abuse.
2:30:04 PM
MS. HAMON said she did follow the case in the papers and she
believes that it's a very serious problem that needs attention.
She added that while she hasn't had a bad experience working
with officers, she does believe that there's a lack of
understanding about the effect that a male police officer has
when he is interviewing a woman after a sexual assault. Her
experience at SAFE is that in many instances the only interviews
that victims had were with two male police officers in the room,
which made it difficult to tell their story. There isn't a
female police officer in this part of the state and that can be
a problem.
CHAIR FRENCH found no further questions and asked for a motion.
SENATOR WIELECHOWSKI moved to forward the name Rebecca Hamon to
the joint session of the Senate and House for confirmation to
the Alaska Police Standards Council. There being no objection,
it was so ordered.
2:31:55 PM
At ease.
2:32:37 PM
CHAIR FRENCH reconvened the meeting and asked Ms. Troglio to
tell the committee about her interest in continuing to serve on
the Alaska Police Standards Council.
BERNICE TROGLIO, Appointee, Alaska Police Standards Council,
Anchorage, stated that she has been on the council since 2008
and would like to continue that service. She explained that her
career as a probation officer (PO) began in 1999. In 2000 she
was promoted to supervise the sex offender mental health unit at
the Anchorage probation office and in 2009 she was promoted to
her current position as the statewide sex offender mental health
program manager within the probation and parole division. When
she began her career she took an oath to abide by the code of
ethical professional conduct and she said she lives by that code
both on duty and off. She said she has very high standards and
believes that all law enforcement officers should hold similarly
high standards. The mission and vision of the Alaska Police
Standards Council appeared to be a good fit, and it has been,
she stated. It's an honor to serve Alaska as both a council
member and a law enforcement officer, she concluded.
2:36:50 PM
CHAIR FRENCH pointed out that for a number of years she's
performed the somewhat overlapping duties of a probation officer
IV and council member.
SENATOR COGHILL thanked Ms. Troglio for her work on Internet
crimes against children and noted that this is a somewhat new
area for the APSC. He asked how the police workforce looks at
accountability for the officers who have to deal with those
rough circumstances. He expressed concern about ruining police
officers who have to work in this difficult area.
MS. TROGLIO said the Internet Crimes Against Children Task Force
is currently developing a committee to address standards for
dealing with on the job trauma.
SENATOR COGHILL said he wanted to highlight that issue in light
of what Senator McGuire brought up, because officers that do go
bad can cause a great deal of damage.
MS. TROGLIO agreed that it's devastating for everyone when an
officer doesn't abide by the code of ethics.
CHAIR FRENCH told Ms. Troglio about the running commentary today
on the Rollins case and the shock the public has expressed in
seeing a male officer abuse women. Senator McGuire pointed out
the need for officers to have an avenue to report on a coworker
if necessary.
MS. TROGLIO stated agreement with the idea.
CHAIR FRENCH found no further questions and solicited a motion.
2:42:18 PM
SENATOR WIELECHOWSKI moved to forward the name Bernice Troglio
to the joint session of the Senate and House for confirmation to
the Alaska Police Standards Council. There being no objection,
it was so ordered.
2:42:46 PM
There being no further business to come before the committee,
Chair French adjourned the meeting at 2:42 p.m.
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