02/24/2009 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SJR6 | |
| SB50 | |
| SB19 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 6 | TELECONFERENCED | |
| *+ | SB 50 | TELECONFERENCED | |
| + | SB 19 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 24, 2009
9:03 a.m.
MEMBERS PRESENT
Senator Linda Menard, Chair
Senator Kevin Meyer, Vice Chair
Senator Hollis French
Senator Albert Kookesh
Senator Joe Paskvan
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 6
Urging the United States Congress to reject H.R. 45, the Blair
Holt's Firearm Licensing and Record of Sale Act of 2009.
MOVED CSSJR 6(STA) OUT OF COMMITTEE
SENATE BILL NO. 50
"An Act relating to Iditarod finisher special request license
plates."
MOVED SB 50 OUT OF COMMITTEE
SENATE BILL NO. 19
"An Act relating to complaints concerning peace officers and
village public safety officers and to notification to persons
filing complaints concerning peace officers and village public
safety officers."
MOVED CSSB 19(CRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SJR 6
SHORT TITLE: OPPOSE H.R. 45 IN CONGRESS
SPONSOR(S): SENATOR(S) THERRIAULT
02/09/09 (S) READ THE FIRST TIME - REFERRALS
02/09/09 (S) STA, JUD
02/24/09 (S) STA AT 9:00 AM BELTZ 211
BILL: SB 50
SHORT TITLE: IDITAROD REGISTRATION PLATES
SPONSOR(S): SENATOR(S) HUGGINS
01/21/09 (S) PREFILE RELEASED 1/9/09
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) STA, FIN
02/24/09 (S) STA AT 9:00 AM BELTZ 211
BILL: SB 19
SHORT TITLE: COMPLAINTS AGAINST PEACE OFFICERS/VPSOS
SPONSOR(S): SENATOR(S) FRENCH
01/21/09 (S) PREFILE RELEASED 1/9/09
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) CRA, STA, JUD
02/03/09 (S) CRA AT 3:30 PM BELTZ 211
02/03/09 (S) Heard & Held
02/03/09 (S) MINUTE(CRA)
02/05/09 (S) CRA AT 3:30 PM BELTZ 211
02/05/09 (S) Moved CSSB 19(CRA) Out of Committee
02/05/09 (S) MINUTE(CRA)
02/06/09 (S) CRA RPT CS 4DP 1NR NEW TITLE
02/06/09 (S) DP: FRENCH, THOMAS, KOOKESH, MENARD
02/06/09 (S) NR: OLSON
02/24/09 (S) STA AT 9:00 AM BELTZ 211
WITNESS REGISTER
DAVE STANCLIFF, Staff
to Senator Gene Therriault
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SJR 6.
SHARON LONG, Staff
to Senator Charlie Huggins
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 50.
WHITNEY BREWSTER, Director
Division of Motor Vehicles
Anchorage, AK
POSITION STATEMENT: Answered questions regarding SB 50.
ANDY MODEROW, Staff
to Senator Hollis French
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Spoke in favor of SB 50.
STAN HOOLEY, Executive Director
Iditarod Trail Committee
Anchorage, AK
POSITION STATEMENT: Spoke in favor of SB 50.
TERRENCE SHANIGAN, Alaska State Trooper
Member of Public Safety Employees Association (PSEA)
Talkeetna, AK
POSITION STATEMENT: Spoke in opposition to SB 19.
SUE STANCLIFF, Special Assistant
to the Commissioner
Department of Public Safety
Anchorage, AK
POSITION STATEMENT: Expressed a neutral position on SB 19.
VERNON MARSHALL, Lobbyist
Public Safety Employees Association (PSEA)
Anchorage, AK
POSITION STATEMENT: Spoke in opposition to SB 19.
ACTION NARRATIVE
9:03:01 AM
CHAIR LINDA MENARD called the Senate State Affairs Standing
Committee meeting to order at 9:03 a.m. Senators French,
Paskvan, Meyer, and Menard were present at the call to order.
Senator Kookesh joined the meeting shortly thereafter.
SJR 6-OPPOSE H.R. 45 IN CONGRESS
9:04:50 AM
CHAIR MENARD announced the consideration of SJR 6.
DAVE STANCLIFF, Staff to Senator Gene Therriault, Alaska State
Legislature, said SJR6 deals with gun control. The topic is a
result of the ever-growing level of violence in our nation.
Proponents believe that changing laws will change people's
behavior with regard to gun violence. They believe that it will
change bad people. "The actual result, of course, is law-abiding
people obey laws, and law-breakers do not." Gun control removes
the ability "to protect oneself from law-abiding citizens while
those who threaten those citizen have less and less fear of
retaliation when they use their guns to assault their victims."
9:06:25 AM
MR. STANCLIFF said HR 45 [Congressional legislation referred to
as Blair Holt's Firearm Licensing and Record of Sale Act of
2009] is not a benign threat to those who support the second
amendment. "At the very least, it is a potent message to
Americans that the desire to control guns is ... alive and
well." It is a rallying point for those who believe in gun
control. It is not something that should be ignored, "as such
ignorance sends a signal to those who support such ideas." SJR 6
counters that signal. It will clearly indicate that Alaskans, by
and large, do not support gun control nor do they appreciate
methods to do so. "What we tolerate we encourage." SJR 6 may not
have an overwhelming affect, but it states how little tolerance
that Alaskans have for such measures. Senator Therriault
acknowledges that HR 45 doesn't have a cosponsor, and it has
been introduced before and "has gone nowhere." "From the
reaction that it has gotten from his district, and if you read
the papers, the things that are going on in Fairbanks and
various places in the state, the more quickly ... the
legislature sends a message on behalf of the people, the more
appreciated it will be."
9:08:44 AM
SENATOR MEYER asked if a copy should go to the president, "not
that he cares what we think up here."
MR. STANCLIFF said the drafters determine that. If it is not
violating some unspoken principle, it would be wise.
SENATOR MEYER said there was a resolution yesterday that
included the president.
9:09:54 AM
SENATOR PASKVAN said he believes it is sent to the vice
president because he votes in the event of a tie.
SENATOR FRENCH said if HR 45 passed, President Obama could veto
it, so "you might want to make him aware of it."
9:10:47 AM
SENATOR MEYER moved to adopt Amendment 1, to include President
Barack Obama in line 23. There being no objection, the motion
carried.
SENATOR MEYER moved to report SJR 6 [as amended] from committee
with individual recommendations and accompanying fiscal notes.
Hearing no objection, CSSJR 6(STA) passed out of committee.
SB 50-IDITAROD REGISTRATION PLATES
9:12:07 AM
CHAIR MENARD announced the consideration of SB 50.
9:12:30 AM
SHARON LONG, staff to Senator Charlie Huggins, Alaska State
Legislature, said SB 50 -- Iditarod finisher license plates --
honors those who have shown the dedication, perseverance, and
exemplary athletic ability to finish the Iditarod sled dog race.
The Department of Administration will approve the new plate
design. The finishers will be able to purchase these exclusive
plates by providing proof of completing the race. The finisher
must have a vehicle registered in Alaska that will display the
plate. There is a zero fiscal note. "Senator Huggins requests
your support for this new category of specialty license plates
honoring the mushers who have endured the challenges and shown
the courage and ability to complete what's affectionately known
as the last great race on earth."
9:14:55 AM
SENATOR PASKVAN asked about "$50 for some people ... and $30 for
other categories. What are we trying to create?"
MS. LONG said, "It seemed to fall more in the category of the
custom collector plates."
SENATOR PASKVAN asked if $50 is an additional registration fee.
MS. LONG said it is the charge for the plate, and she thinks
that is separate from the registration fees.
WHITNEY BREWSTER, Director, Division of Motor Vehicles,
Anchorage, said the cost of the plate would be in addition to
the regular registration fee.
9:16:16 AM
MS. BREWSTER said this is not like a previous bill where a
special fund is created for fundraising purposes. This will
simply create a new plate that the DMV will make available to
Iditarod finishers. The funds collected above and beyond the
cost of producing the plates will go to the general fund.
ANDY MODEROW, staff to Senator Hollis French, Alaska State
Legislature, said he did the Iditarod in 2001 and had a blast.
As a musher he can say that many people who have done the race
will use the plates. It will advertise the race to people
visiting from out of state. His most vivid memory of license
plates was during a visit to Connecticut where he saw different
states represented. This bill will establish something that will
represent Alaska very well and bring up images of adventure and
wilderness. It will be fun for visitors to see the plates.
9:18:56 AM
SENATOR FRENCH asked how long it took him to finish the race and
what place he took.
MR. MODEROW said it took him 12 days and 44 minutes. He took
17th place out of about 80 entrants.
SENATOR FRENCH asked how cold it got and the farthest distance
he traveled in 24 hours.
MR. MODEROW said it never got much lower than negative 10 or 20.
He ran 16 to 17 hours during one 24-hour period. He said both
his mom and dad have finished the race as well, and they would
be excited about this license plate.
9:20:29 AM
SENATOR FRENCH asked if more people have summited Mt. Everest
than have finished the Iditarod.
MR. MODEROW said he has heard that.
9:21:10 AM
STAN HOOLEY, Executive Director, Iditarod Trail Committee,
Anchorage, said his organization supports SB 50. "We think it's
a great thing to recognize this relatively small yet elite group
of adventurers." He said Mr. Moderow was the youngest person at
the time to complete the Iditarod. In the 36 years of this race,
only 663 people have laid claim to the most expensive and
coveted belt buckle on the planet.
CHAIR MENARD said if the canines are included it would be a
large group, and they will be honored to be on the plates.
MR. HOOLEY said they will be part of the design. The two-legged
athletes work as a team with the four-legged athletes.
9:23:28 AM
SENATOR FRENCH moved to report SB 50 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, SB 50 moved out of committee.
SENATOR KOOKESH suggested differentiating between a person and a
dog in the bill. An owner of a dog that finished the race may
want to buy the license plate.
SENATOR FRENCH noted that the bill specifies a "person".
SB 19-COMPLAINTS AGAINST PEACE OFFICERS/VPSOS
9:25:05 AM
CHAIR MENARD announced the consideration of SB 19.
SENATOR MEYER noted that the committee was working on Version E,
which is CSSB 19 (CRA).
9:25:52 AM
SENATOR FRENCH said this bill is based on a recommendation of
the Branchflower Report. It balances the need to keep personnel
investigations confidential to preserve the reputations and
privacy of troopers with the need to provide some feedback about
complaints of a trooper. The bill now strictly pertains to peace
officers. The committee earlier eliminated village public safety
officers from it. The bill sets up a process for a citizen who
has a complaint and is willing to sign a written document
regarding it. The department will provide updates on the
progress of the investigation and the outcome of it. It is a
small step. There will be no website or public hearings; it just
establishes a small safety valve that lets the public know that
a complaint was dealt with and what the outcome was.
9:27:57 AM
CHAIR MENARD asked if Mr. Branchflower has seen the CS.
SENATOR FRENCH said he will send him the current language.
SENATOR KOOKESH asked if the definition of peace officer
satisfies the committee.
SENATOR FRENCH noted a letter of support from the Alaska Peace
Officers Association. The definition of peace officers, in
general, means troopers, municipal police, VPSOs and U.S.
marshals, but the bill narrows the definition to those who are
employed by the department. That restricts it to state troopers.
9:30:20 AM
SENATOR KOOKESH asked if there is any opposition.
SENATOR FRENCH said he has been working with the Public Safety
Employees Association (PSEA) and APD, and there are some
concerns. He shares some of the concerns. "You could conceivably
wind up having revealed to a citizen what the outcome of a
complaint is; you could wind up with, sort of, a public record
... of discipline," which could be used against that officer in
court or with public opinion. He is working with APD, PSEA, and
the department [of public safety (DPS)]. The commissioner of DPS
is establishing a new Office of Internal Affairs that will
largely replicate SB 19. Some troopers are a little concerned.
SENATOR PASKVAN asked if the intent is to give a response to a
written complaint, but not an oral complaint.
9:32:16 AM
SENATOR FRENCH said the basic intent is to just provide some
feedback to citizens. The reason he requires the complaint to be
written is to keep track of it and to expect a "seriousness of
purpose."
SENATOR PASKVAN said there have been investigations that were
serious and were never formalized; it was just done internally.
He wants to make sure the bill is not foreclosing the oral
notification, and that the internal process can continue - "that
we're not limiting it to just written notification back to a
complainant."
9:33:15 AM
SENATOR FRENCH said that is a great point, and it is not his
intention to shut that down. He doesn't believe that the
department intends to make all complaints be in writing. His
discussions with the commissioner and the union have taught him
that they take complaints seriously. A phone call alerting the
department to an officer who is driving poorly, for example, is
looked into. It is not his intention to make all complaints in
written format.
9:34:10 AM
TERRENCE SHANIGAN, Alaska State Trooper, Member of PSEA,
Talkeetna, said every Alaska resident has the right to complain
about anyone in any job. The original definition on line 5
identified state peace officers, "and immediately to me it
singled out state troopers." The language looked like it focused
on troopers. That was also the reaction of some of his
colleagues. He asked if a complaint means being rude or
unprofessional, or if it means using pepper spray to deal with
an unruly six-year-old. One of those is a personnel issue that
would be handled confidentially. The other is excessive use of
force, which might be criminal. There are processes in place for
people who complain. Sometimes those complaints point to
criminal acts, and others are handled like any personnel matter.
If someone working at a store is rude to a customer, the manager
may handle that rudeness later. Some of the intent in the bill
is notifying the complainant. "We do that already in many
cases." Informal complaints may not get a follow-up unless it
has been asked for. Since there are already procedures for
handling complaints made against state troopers, the bill looks
like it singles out state troopers specifically. The DPS is
already working to come up with that process through the
commissioner, who would have an "independent source investigate
complaints and those kinds of things." Having this in statute is
redundant and complicates the situation. It should be a standard
process statewide for all law enforcement officers. Forcing
personnel matters to be made public by statute could undermine
good troopers and the trust in them - "and also trust by
troopers that those that are doing the investigating of the
complaints are actually taking a neutral position." It could
serve to cast a shadow of doubt over troopers or law enforcement
officers in the public's eye. It creates a slippery slope by
giving some of the information back, and it would ruin the
credibility of those sworn to protect Alaskans.
9:38:00 AM
MR. SHANIGAN said, "By publicizing accusations made against
somebody for the sake of somebody's curiosity ... I don't see
this just stopping at giving feedback to somebody. I think this
opens the door for somebody then to say, well we want to know
more." He said there is a desire to know and a need to know. His
profession spends a lot of time dealing with people who cause
problems and who are in legal trouble. There is a higher rate of
people who want to complain. A handful of people may make
numerous complaints against every single trooper. If some of
that is made public without knowing how often such people are
complaining, what their histories are, or if the complaints are
valid it could give troopers black eyes. The bill speaks to
written statements being unsworn falsification. "It should be
unsworn falsification even if it is verbal." He doesn't see the
district attorney's office starting to take on these false
complaints when there are more serious crimes to deal with.
CHAIR MENARD surmised that he is not in favor of SB 19.
MR. SHANIGAN said he is not, mostly because there are things
that single out state troopers.
9:40:49 AM
SENATOR FRENCH thanked the trooper. He said he has had several
thoughtful conversations with line officers and the troopers
union, and he is listening on how to balance the interests of
troopers so they are not harassed by false complaints, with the
public's legitimate right to have some feedback on issues with
the individuals who are empowered to carry guns and enforce the
law. He will make sure the bill doesn't get blown wide open.
SUE STANCLIFF, Special Assistant to the Commissioner, Department
of Public Safety, Anchorage, said Trooper Shanigan was speaking
on his own behalf. The DPS has worked closely with Senator
French and appreciates his efforts, but it has not yet taken an
official position on the bill. She said there has been a problem
with reporting back to people, and the public trust has been
diminished. DPS wants to fix it. The commissioner has done a
tremendous amount of work in the Office of Professional
Standards that he has created to protect the integrity of the
department and insure the public trust. It is a new internal
affairs unit and is a proactive approach. The Office of
Professional Standards was created in response to the need for
centralized oversight, management, and analysis of departmental
investigations. Investigating employee misconduct will ensure
that complaints are dealt with in a thorough, objective, timely,
and consistent manner. The office will work for the commissioner
and will be staffed with two highly-trained investigators. In
the past, serious complaints were reviewed at the division level
by a trained supervisor who would follow the manual to guide him
or her through the often complex steps of notification and
investigation required by union contracts.
9:44:33 AM
MS. STANCLIFF said between union contracts and department
policies, it can be a difficult maze. It is generally effective,
but there have been problems with the approach. Current statute
concerning confidentiality restricts information that can be
released to a complainant. It has been very difficult to provide
a final outcome to a complainant. The Office of Professional
Standards will send a letter to every complainant advising them
of the investigation and appropriate action. It does not change
how complaints are handled at the field level. The commanding
officer has a database that complaints are entered into. It is a
tracking system and early warning device. The system is being
put into place by the commissioner and he believes it will be
very effective.
9:46:56 AM
VERNON MARSHALL, Lobbyist, Public Safety Employees Association
(PSEA), Anchorage, said PSEA has a prepared statement of
concerns with SB 19. He is working with the sponsor. He has the
article from the collective bargaining agreement that outlines
the specific procedures for criminal and administrative
investigations and inquiries. He said PSEA has met with everyone
on the committee. He expressed a concern of confidentiality. The
collective bargaining agreement stipulates that material that
relates to an investigation is confidential. That is good public
policy. He is not worried that the state will create a website
with that information, but others may want to post the
complaints. That is not a good way to deal with the issues of an
agency as important as the Alaska troopers. Also, the threshold
of signing a complaint is relatively low. The statements are
punishable as unsworn falsification, but there is a greater
penalty for falsely signing a boat registration. Whether it is
valid or not, a complaint should be brought forth in the spirit
of trying to get the issue presented to the department and dealt
with. Some frivolous complaints will be eliminated if the level
of signing is raised to a point of oath. PSEA supports
Commissioner Masters' Office of Professional Standards, and it
is working with the department. It is a good way to resolve some
of the problems that people have.
9:51:29 AM
SENATOR MEYER asked how the bill can be improved.
MR. MARSHALL suggested removing the section on confidentiality.
There would still be language that would be consistent with the
collective bargaining agreement. Removing it doesn't diminish
the investigation. Investigations do take place with higher
command staff. "The issue of confidentiality avoids the possible
politicizing of complaints that might come up from time to
time."
9:53:14 AM
SENATOR FRENCH asked about the effect of removing Section 2.
MR. MARSHALL said the intent is to provide feedback to citizens.
The agreement and the statute would provide the means by which
the DPS could say the complaint was received and what happened
after the investigation.
SENATOR FRENCH asked if Mr. Marshal wants that disclosure and
communication confidential.
MR. MARSHALL said, "No ... if you take out Section 2, I think
that disclosure can be made as its being made now under the
current procedure." There has been testimony that complaints are
being filed now. There is a "report back" on the part of
captains and higher to those filing the complaint. "They've been
heard; they've been checked in to, and the ... complainant can
be assured that something was done."
9:55:23 AM
SENATOR FRENCH said it is not clear at all that that is
happening. The committee has not heard that. We need to get the
commissioner here to say that those citizens are called at the
end. "I don't think that is the record."
MR. MARSHALL said officers tell him that the feedback process is
in place. It is not the procedures that fail many times, it
could be the people that fail. "But I believe they do that."
SENATOR FRENCH said then this bill is redundant - there is no
reason to oppose the bill because it is already happening.
MR. MARSHALL said that is what he has argued.
SENATOR FRENCH said that is not what Mr. Cox's letter says. He
urged him to read the letter.
9:56:43 AM
SENATOR PASKVAN asked if Mr. Marshall has trouble with
disclosing the report to the public. Instead, the complainant is
told that the complaint justified the investigation, but he or
she is not told - because of confidentiality issues - what
actual result occurred. Is that what you are saying?
MR. MARSHALL said that is much better. The issue is what "valid"
means. Are all complaints valid, or will there be a higher
threshold? The meaning of valid is very broad, and it should be
narrowed it to a point that is better understood by all parties.
9:58:54 AM
SENATOR PASKVAN asked about oversight outside of the department.
MR. MARSHALL said he is not aware of any investigative effort
outside of the department. Commissioner Masters is putting the
Office of Professional Standards in place with two staff for
dealing with internal issues. They will be responsible for
dealing with complaints.
SENATOR KOOKESH asked if Mr. Marshall is saying that he wants
disclosures made to a complaint under AS18.65.120 to disappear.
So if a complaint is found valid, Mr. Marshall wants disclosures
made under this section to be confidential. "You don't want
anybody to know about it."
MR. MARSHALL said he wants the complainant to get the
information that is listed in Section 1.
10:01:00 AM
SENATOR KOOKESH said that is where the public has the right to
know. That overrides confidentiality rights. If a peace officer
is doing something wrong and it is kept confidential, then we
have a problem. Getting rid of the confidential section in the
bill won't solve the problem. Peace officers are subject to a
certain standard, like everyone in this state.
10:01:44 AM
MR. MARSHALL said the union agrees that officers should be
punished for violating any kind of legal or moral standard. He
would like to work with the committee. With a clearer definition
like Senator Paskvan offered, we can deal with the release of
that information.
SENATOR FRENCH said he appreciates the remarks, and he doesn't
feel like this bill is on a fast track. He will continue to work
with the commissioner. It is a touchy subject, and he will try
to get to something that works.
CHAIR MENARD said the new professional standards office has a
lot of validity. In the meantime, the state needs to deal with
something that has happened in the past.
10:03:38 AM
MR. MARSHALL said the union wants to work on this. It is not
adversarial.
SENATOR MEYER asked if Senator Paskvan had an amendment.
SENATOR PASKVAN said he is struggling with the definition of
valid. So the question is if the response doesn't have to use
the term "valid," but that the investigation was warranted.
10:05:28 AM
SENATOR FRENCH said he has struggled with that word as well. The
bill goes to judiciary next, and it will likely stay there for
awhile. It can be worked on.
SENATOR MEYER said he is not comfortable that the bill balances
the rights of the troopers and the public. He is willing to help
improve it.
SENATOR KOOKESH said he is satisfied with the bill, but he can
work with the members. Not everyone can be satisfied.
10:07:05 AM
CHAIR MENARD asked for a motion.
SENATOR MEYER said he is not excited about it, but he moved to
report CS for SB 19 from committee with individual
recommendations and attached fiscal note(s). There being no
objection, CSSB 19(CRA) moved out of committee.
10:08:15 AM
There being no further business, Chair Menard adjourned the
meeting of the Senate State Affairs Committee at 10:08 a.m.
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