Legislature(2013 - 2014)BUTROVICH 205

03/21/2013 09:00 AM Senate STATE AFFAIRS


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09:01:52 AM Start
09:02:37 AM Confirmation Hearings
09:42:17 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Public Testimony <Time Limit May Be Set> --
Confirmation Hearing: Governor's Appointments
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                              
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 21, 2013                                                                                         
                           9:01 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Fred Dyson, Chair                                                                                                       
Senator Cathy Giessel, Vice Chair                                                                                               
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                              
Senator Bert Stedman                                                                                                            
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
     Alaska State Commission for Human Rights                                                                               
          Christa Bruce-Kotrc                                                                                                   
          Grace Merkes                                                                                                          
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
     Alaska Board of Parole                                                                                                 
          Sarah Possenti                                                                                                        
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
     Alaska Violent Crimes Compensation Board                                                                               
          Gerad Godfrey                                                                                                         
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
     Alaska Police Standards Council                                                                                        
          Mark Mew                                                                                                              
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GRACE MERKES, Appointee                                                                                                         
Alaska State Commission for Human Rights                                                                                        
Sterling, Alaska                                                                                                                
POSITION STATEMENT:  Presented information about herself  as part                                                             
of the confirmation hearing.                                                                                                    
                                                                                                                                
Christa Bruce-Kotrc, Appointee                                                                                                  
Alaska State Commission for Human Rights                                                                                        
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Presented information about herself  as part                                                             
of the confirmation hearing.                                                                                                    
                                                                                                                                
Sarah Possenti, Appointee                                                                                                       
Alaska Board of Parole                                                                                                          
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Presented information about herself  as part                                                             
of the confirmation hearing.                                                                                                    
                                                                                                                                
Gerad Godfrey, Appointee                                                                                                        
Alaska Violent Crimes Compensation Board                                                                                        
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:  Presented information about himself  as part                                                             
of the confirmation hearing.                                                                                                    
                                                                                                                                
MARK MEW, Chief of Police and Appointee                                                                                         
Alaska Police Standards Council                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Presented information about himself  as part                                                             
of the confirmation hearing.                                                                                                    
                                                                                                                                
JEFF EDWARDS, Executive Director                                                                                                
Alaska Board of Parole                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT: Testified  in  support  of Sarah  Possenti's                                                             
nomination to the Board of Parole.                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
9:01:52 AM                                                                                                                    
CHAIR  FRED  DYSON  called  the  Senate  State  Affairs  Standing                                                             
Committee meeting  to order at 9:01  a.m. Present at the  call to                                                               
order were Senators Coghill and Giessel and Chair Dyson.                                                                        
                                                                                                                                
^CONFIRMATION HEARINGS                                                                                                          
                     CONFIRMATION HEARINGS                                                                                  
                                                                                                                              
9:02:37 AM                                                                                                                    
CHAIR DYSON announced that the only  order of business would be a                                                               
hearing  on  the  Governor's  appointees  for  the  Alaska  State                                                               
Commission  for Human  Rights, Board  of  Parole, Violent  Crimes                                                               
Compensation Board, and Alaska Police Standards Council.                                                                        
                                                                                                                                
            Alaska State Commission for Human Rights                                                                        
                                                                                                                                
9:03:09 AM                                                                                                                    
CHAIR  DYSON  announced the  business  before  the committee  was                                                               
confirmation hearings. He requested  information from Ms. Merkes,                                                               
a nominee for the Alaska State Commission for Human Rights.                                                                     
                                                                                                                                
GRACE MERKES, nominee, Alaska State  Commission for Human Rights,                                                               
said she  hopes for  reconfirmation to  the State  Commission for                                                               
Human  Rights. She  shared her  personal history  and listed  her                                                               
qualifications  to be  on the  Commission. She  said she  has had                                                               
many  years' experience  working with  discrimination cases.  She                                                               
reported  that  she  was  involved   with  changes  made  to  the                                                               
discrimination law.  She believes all people  are created equally                                                               
and should not be discriminated against.                                                                                        
                                                                                                                                
MS.  MERKES related  that she  has  been on  the Kenai  Peninsula                                                               
Borough Assembly  for 17 years and  she feels qualified to  be on                                                               
the Commission,  which has similar structure.  She explained that                                                               
she is familiar with the  process the Commission uses, the staff,                                                               
mediations,   and    case   review   hearings.    She   requested                                                               
confirmation.                                                                                                                   
                                                                                                                                
Ms.  Merkes  shared statistics  about  the  Commission. In  2012,                                                               
there  were over  2,000 investigative  calls, an  increase of  31                                                               
cases. She noted  the Commission appreciates the  funding for two                                                               
new human rights  investigators, which helped to  reduce the case                                                               
load.                                                                                                                           
                                                                                                                                
SENATOR   COGHILL  thanked   Ms.  Merkes   for  serving   on  the                                                               
Commission.                                                                                                                     
                                                                                                                                
9:07:23 AM                                                                                                                    
SENATOR GIESSEL also thanked Ms. Merkes  for her work and for re-                                                               
applying to serve again.                                                                                                        
                                                                                                                                
MS. MERKES thanked the committee.                                                                                               
                                                                                                                                
CHAIR DYSON  noted that he served  on the Commission for  four or                                                               
five years. He asked who the executive director is now.                                                                         
                                                                                                                                
MS. MERKES said Paula Haley.                                                                                                    
                                                                                                                                
CHAIR DYSON recalled that when  he worked at the Commission, most                                                               
of the  complaints had to  do with discrimination  in employment.                                                               
He asked if that was still true.                                                                                                
                                                                                                                                
MS. MERKES reported  that it was the same now.  She thought about                                                               
95 percent of the cases were work-related discrimination issues.                                                                
                                                                                                                                
CHAIR DYSON asked about possible statute changes.                                                                               
                                                                                                                                
MS.  MERKES clarified  that effective  changes were  made several                                                               
years  ago.   She  said  the  best   changes  involved  including                                                               
administrative law judges in human rights hearings.                                                                             
                                                                                                                                
9:09:44 AM                                                                                                                    
CHAIR DYSON  spoke for the  committee in offering to  assist with                                                               
anything that  needs to be  done to  help the Commission  be more                                                               
effective. He  asked if there  were any objections  to forwarding                                                               
Ms. Merkes' name. There were no objections.                                                                                     
                                                                                                                                
                                                                                                                                
CHAIR DYSON  asked if  Christa Bruce-Kotrc  was present.  He said                                                               
Ms.  Kotrc's   personal  information  is  included   in  members'                                                               
packets.                                                                                                                        
                                                                                                                                
9:11:21 AM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
9:14:55 AM                                                                                                                    
CHAIR  DYSON asked  why Ms.  Bruce-Kotrc  chose to  serve on  the                                                               
Alaska State Commission on Human Rights.                                                                                        
                                                                                                                                
CHRISTA BRUCE-KOTRC,  nominee, Alaska  State Commission  on Human                                                               
Rights, shared her  personal story. She said she has  been on the                                                               
Commission for  a year  and cares  deeply about  serving everyone                                                               
equally. She stated that the  Commission gives hope to people who                                                               
feel disenfranchised and she appreciates being a part of that.                                                                  
                                                                                                                                
CHAIR  DYSON  asked if  she  heard  the conversation  with  Grace                                                               
Merkes.                                                                                                                         
                                                                                                                                
MS. BRUCE-KOTRC said she did not.                                                                                               
                                                                                                                                
CHAIR DYSON  related that he  asked Ms. Merkes  if discrimination                                                               
in the  work place made up  the majority of cases  the Commission                                                               
deals with  and she reported  that it was  true. He asked  if Ms.                                                               
Bruce-Kotrc found the same thing to be true.                                                                                    
                                                                                                                                
MS. BRUCE-KOTRC  said definitely. She  said, "It is  wonderful to                                                               
have this venue to address those issues."                                                                                       
                                                                                                                                
CHAIR   DYSON  asked   if  there   is  any   pattern  or   common                                                               
denominators.                                                                                                                   
                                                                                                                                
MS. BRUCE-KOTRC could  not answer that question  because she said                                                               
she has not been on the  Commission long enough to see a pattern.                                                               
She related  that she  has seen, first  hand, diligent  and well-                                                               
researched work by  the staff. She said she is  proud of the work                                                               
Commission members do.                                                                                                          
                                                                                                                                
9:18:09 AM                                                                                                                    
CHAIR  DYSON requested  that the  Commission  report any  statute                                                               
change requests.                                                                                                                
                                                                                                                                
9:18:26 AM                                                                                                                    
                     Alaska Board of Parole                                                                                 
                                                                                                                                
CHAIR DYSON asked  Sara Possenti to tell the  committee about her                                                               
background, qualifications, and experience.                                                                                     
                                                                                                                                
SARAH  POSSENTI,  nominee, Alaska  Board  of  Parole, shared  her                                                               
personal history,  education, and work history.  She recalled her                                                               
career with the  Fairbanks Youth Court and as  an adult probation                                                               
officer  for about  12 years.  She  said she  has supervised  sex                                                               
offenders  in the  field and  worked to  prevent recidivism  with                                                               
prisoners.  She  said she  also  worked  with a  substance  abuse                                                               
program for prisoners.                                                                                                          
                                                                                                                                
She spoke of her work on the  Alaska Board of Parole for the past                                                               
two  years, reviewing  files,  attending  hearings, and  visiting                                                               
prisons.                                                                                                                        
                                                                                                                                
SENATOR COGHILL thanked Ms. Possenti for her work.                                                                              
                                                                                                                                
CHAIR DYSON asked if she is retired.                                                                                            
                                                                                                                                
MS. POSSENTI said she was working for the probation system.                                                                     
                                                                                                                                
CHAIR DYSON asked if she is working for the state now.                                                                          
                                                                                                                                
MS. POSSENTI said no.                                                                                                           
                                                                                                                                
CHAIR DYSON  said he appreciates  her service. He said  he wished                                                               
to discuss sentencing reform issues further with Ms. Possenti.                                                                  
                                                                                                                                
MS. POSSENTI  said she wished  to do so. The  Board has a  lot of                                                               
ideas  about   various  release   plans.  She   explained  parole                                                               
decisions  are based  on risk  to community.  She said  the Board                                                               
makes discretionary parole plans and has had good success.                                                                      
                                                                                                                                
CHAIR  DYSON  suggested  they  meet   in  Anchorage  for  further                                                               
conversation.                                                                                                                   
                                                                                                                                
9:25:27 AM                                                                                                                    
                                                                                                                                
            Alaska Violent Crimes Compensation Board                                                                        
                                                                                                                                
CHAIR DYSON  introduced Mr.  Godfrey as  a re-appointment  to the                                                               
Alaska Violent  Crimes Compensation  Board. He noted  Mr. Godfrey                                                               
is a  friend of his.  He asked Mr. Godfrey  why he has  chosen to                                                               
serve on the Board.                                                                                                             
                                                                                                                                
GERAD  GODFREY,  nominee,   Alaska  Violent  Crimes  Compensation                                                               
Board, shared  how he was  asked to be on  the Board. He  said he                                                               
was appointed by then-Governor Murkowski  in 2003. He shared that                                                               
he  had  experienced violent  crime  within  his own  family.  He                                                               
stated that is has been  a gratifying and cathartic experience to                                                               
serve on the Board.  He said his goal is to leave  the Board in a                                                               
better position than when he came  on. He noted this would be his                                                               
last time  on the Board as  they help to revise  the statutes and                                                               
bring them  up to  date. He  voiced appreciation  for legislative                                                               
support for the Board.                                                                                                          
                                                                                                                                
9:28:11 AM                                                                                                                    
                                                                                                                                
                Alaska Police Standards Council                                                                             
                                                                                                                                
CHAIR  DYSON inquired  if Chief  Mew was  being re-appointed.  He                                                               
congratulated Chief Mew  for his excellent work  in the Anchorage                                                               
Police Department (APD). He asked  Chief Mew to share his reasons                                                               
for serving on  the Alaska Police Standards Council  and his work                                                               
experience.                                                                                                                     
                                                                                                                                
CHIEF MARK MEW, nominee, Alaska  Police Standards Council said he                                                               
was being reappointed to the  Council. He shared his work history                                                               
which  began in  law enforcement  in the  area of  corrections in                                                               
Oregon. He related that he has  been with APD since 1983, retired                                                               
in  2003,  and worked  in  the  school  district as  Director  of                                                               
Security and  Emergency Preparedness. In  2010, he said  he began                                                               
as  Chief  of  APD.  He  added that  he  has  also  attended  FBI                                                               
academies for police chiefs.                                                                                                    
                                                                                                                                
He  explained   that  the  Council   sets  hiring   and  training                                                               
standards,  as  well  as  decides  when  certificates  should  be                                                               
revoked,  a very  important function  of the  Council because  it                                                               
maintains standards of  performance and behavior. He  said he has                                                               
a  vested interest  in having  high police  standards upheld.  He                                                               
mentioned a  recent case which  had a tremendous  negative impact                                                               
on the  Anchorage area. He  noted a high priority  in maintaining                                                               
high police standards. He stressed  the importance of the APD and                                                               
the Troopers' involvement in the Council.                                                                                       
                                                                                                                                
CHAIR DYSON  noted he has  watched Chief Mew deal  honorably with                                                               
some  very  tough situations.  He  asked  if  the issue  of  "not                                                               
ratting out a buddy" is prevalent in the APD.                                                                                   
                                                                                                                                
CHIEF  MEW  maintained that  his  officers  are forthcoming  with                                                               
information and  the APD  does not have  that problem.  He stated                                                               
that  a high  mark  has been  set  within the  APD.  He said  the                                                               
Council  uses  decertification  as  a punishment  when  there  is                                                               
dishonesty.                                                                                                                     
                                                                                                                                
CHAIR DYSON  said it  seems difficult to  believe that  the other                                                               
officers did  not know  what was going  on in  the aforementioned                                                               
case. He  mentioned another situation  fifteen years  ago related                                                               
to bargaining over decertification.                                                                                             
                                                                                                                                
9:36:33 AM                                                                                                                    
CHIEF MEW could not recall a  time at the APD when someone should                                                               
have  been fired  and they  were allowed  to stay  on and  retain                                                               
certification. He said sometimes a  person is terminated and they                                                               
are still able to collect their  retirement; most of the time the                                                               
Council moves for  decertification when an employee  is fired. He                                                               
explained  the process  if an  officer quits  first. The  Council                                                               
still does the decertification paperwork.                                                                                       
                                                                                                                                
9:38:33 AM                                                                                                                    
CHAIR DYSON  assumed that future potential  employers have access                                                               
to the decertification record.                                                                                                  
                                                                                                                                
CHIEF  MEW said  yes. The  next department  will do  a background                                                               
check and discover  that information. Also, the  Council will get                                                               
word of the  person's application for a new  position and prevent                                                               
a certificate from being issued.                                                                                                
                                                                                                                                
CHAIR DYSON thanked Chief Mew for his work.                                                                                     
                                                                                                                                
9:40:15 AM                                                                                                                    
JEFF EDWARDS,  Executive Director, Alaska Board  of Parole, noted                                                               
he was  just there  for questions and  to support  Ms. Possenti's                                                               
reappointment on the Alaska Board of Parole.                                                                                    
                                                                                                                                
CHAIR  DYSON requested  further discussion  about felony  records                                                               
when possible. He asked Mr. Edwards if he is in Anchorage.                                                                      
                                                                                                                                
MR.  EDWARDS agreed  to meet  some time.  He said  his office  in                                                               
downtown  Anchorage has  parole, executive  clemency, and  pardon                                                               
functions.                                                                                                                      
                                                                                                                                
CHAIR  DYSON moved  to forward  the following  appointments to  a                                                               
joint legislative session for consideration:                                                                                    
                                                                                                                                
     Alaska State Commission for Human Rights                                                                                   
     Christa Bruce-Kotrc                                                                                                        
     Grace Merkes                                                                                                               
                                                                                                                                
     Alaska Board of Parole                                                                                                     
     Sarah Possenti                                                                                                             
                                                                                                                                
     Alaska Violent Crimes Compensation Board                                                                                   
     Gerad Godfrey                                                                                                              
                                                                                                                                
     Alaska Police Standards Council                                                                                            
     Mark Mew                                                                                                                   
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
CHAIR DYSON clarified that the  motion does not reflect an intent                                                               
by any of the members to  vote for or against the confirmation of                                                               
the individuals during any further sessions.                                                                                    
                                                                                                                                
9:42:17 AM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Dyson   adjourned  the   Senate  State   Affairs  Standing                                                               
Committee at 8:42 a.m.                                                                                                          

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