Legislature(2021 - 2022)GRUENBERG 120
04/14/2022 03:00 PM House STATE AFFAIRS
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB412 | |
| HB226 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 226 | TELECONFERENCED | |
| += | HB 251 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 412 | TELECONFERENCED | |
HB 226-PAY INCREASES FOR STATE ATTORNEYS
4:25:28 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE BILL NO. 226, "An Act relating to the
compensation of certain public officials, officers, and
employees not covered by collective bargaining agreements;
increasing the salaries of certain attorneys employed by the
state; and providing for an effective date."
CHAIR KREISS-TOMKINS opened public testimony on HB 226.
4:26:05 PM
BAILEY WOOLFSTEAD shared that she was a prosecutor in the Office
of Special Prosecutions, Department of Law (DOL), working in the
rural prosecution's unit on the domestic violence and sexual
assault grant. She anecdotally reported on the challenges faced
by prosecutors in Alaska, including 6080-hour work weeks in
addition to being on call 24/7 without pay. She pointed out
that by bearing witness to sexual assault, abuse, homicide,
domestic violence, child abuse, autopsy photos, child
pornography, and more, the jobs took a toll on mental wellbeing.
She addressed extensive travel, increased inflation, and
inadequate salary and benefits. She opined that HB 226 would
not do enough to keep attorneys in Alaska and make the jobs
competitive. Further, she pointed out that the recruitment and
retention crisis was not limited to the Department of Public
Safety (DPS), emphasizing that prosecutors were key players in
addressing public safety. She stated that prosecutors were
leaving Alaska "in droves" because the legislature had not
recognized their value. She urged the legislature to pass the
bill and suggested further amending it to pass a 40-hour work
week, address on-call pay, and keep the cost-of-living
adjustment (COLA) and salaries on par with law enforcement.
4:28:52 PM
REPRESENTATIVE CLAMAN asked whether Ms. Woolfstead supported
comparative increases for public defenders and public advocates.
MS. WOOLFSTEAD said absolutely, as public defenders were also
leaving the state in droves, which in turn, set cases back by
months and slowed the criminal justice system.
REPRESENTATIVE CLAMAN asked whether Ms. Woolfstead agreed with
the criticism that increasing [DOL's salary] without similar
increases for public advocates and public defenders would result
in [fewer] public defenders and public advocates.
MS. WOOLFSTEAD said, "Certainly." She pointed out that there
was pay parity between prosecutors, public defenders, and public
advocates, which she believed to be necessary for a functioning
justice system. She said cases went smoother when opposing
counsel was good at their job.
4:31:46 PM
LAURA JOHANSEN, an assistant public advocate, stated her support
for HB 226 as a starting point to achieve greater retention.
She discussed indigent defense turnover and retention issues,
which affected Alaskan families that came into contact with the
Office of Children's Services (OCS). She opined that in this
regard, retention of state attorneys was a public health issue.
She urged the legislature to pass HB 226.
4:33:39 PM
REPRESENTATIVE CLAMAN asked Ms. Johansen to speak to the pay
disparity between Alaska and Washington. He asked why she chose
to remain in Alaska.
MS. JOHANSEN recounted her experience working as an assistant
public defender in King County, Washington, where she earned
better benefits, pay, pension, and leave. Additionally, the
case load was significantly lighter. She said she returned to
Alaska because she loved the state and wanted to serve Alaskan
families.
4:35:03 PM
REPRESENTATIVE TARR thanked both testifiers for the work that
they did for the state.
REPRESENTATIVE EASTMAN thanked Ms. Johansen on behalf of the
children she served.
4:36:06 PM
KEVIN HIGGINS shared that he worked in the Civil Division of
DOL. He urged the legislature to pass HB 226 and suggested
amending the bill to ensure that the increases would take place
in 2022. He shared statistics on retention in the civil
division.
4:38:46 PM
GUSTAF OLSON, a district attorney in Kodiak, stated his support
for HB 226 and anecdotally reported on the retention issues in
DOL. He believed that passage of HB 226 would be the first step
towards pay parity to retain highly skilled and trained
individuals and prevent the hemorrhaging of experienced
litigators. He emphasized that the roles played by experienced
attorneys were essential to the criminal justice system, adding
that they could not be replaced by new attorneys.
4:42:50 PM
MATTHEW STINSON, a state prosecutor and lifelong Alaskan,
strongly encouraged the legislature to pass HB 226. He
anecdotally reported on a steady increase in hours worked
without a corresponding increase in pay. He touched on the
private sector's adaptation to inflation, the stagnant public
sector in the face of inflation, and the need for state attorney
salaries to track the rising inflation.
4:45:01 PM
BETSY BULL, a prosecutor of sexual assault and sexual abuse
crimes in Anchorage, expressed support for the bill as a
starting point towards making Alaska a competitive employer.
She highlighted the nine unfilled positions in her office,
resulting in a larger workload for herself and her colleagues.
She addressed DOL's current employee package, which lacked a
pension, sick leave, maternity/paternity leave, and compensation
for overtime and weekend duty, in addition to low starting
salaries, enormous caseloads, and COLA that hadn't been
increased since 2016. She stated that the ability to recruit
and retain was limited to the tools provided by the legislature,
emphasizing that the salary increase in HB 226 would be one of
them.
4:47:53 PM
REPRESENTATIVE CLAMAN questioned whether the nine prosecutor
openings were in the Anchorage office alone.
MS. BULL confirmed that the nine openings were in the Anchorage
District Attorney's Office, DOL.
REPRESENTATIVE CLAMAN asked how many positions were in the
Anchorage District Attorney's Office.
MS. BULL answered 38 positions of which 9 were unfilled.
4:49:07 PM
LAURA JUNGREIS, an assistant district attorney in the Anchorage
office, shared concerns about her financial future after her
fianc?, the primary earner, lost his job. She said she left the
private sector for her current job because she loved her work
and cared about her community; however, she often contemplated
leaving, as her family could not survive on her current salary.
4:51:36 PM
DIANA KNIADEWYCZ, an assistant district attorney, stated her
support for the bill, despite its "woeful" shortcomings. Since
she started at her current job, she shared that her partner
asked her to leave the position each month due to inadequate
pay. She emphasized the importance and difficulty of the work
done by state attorneys.
4:54:21 PM
NOLAN OLIVER, a prosecutor in Anchorage, stated his support for
HB 226 and urged the committee to amend the bill to include an
immediate effective date and greater pay increases. He pointed
out that in addition to a 6080-hour work week, attorneys in
Alaska were required to be on call 24/7 and work weekends for at
least two weeks out of the year with no additional compensation.
4:57:10 PM
WHITNEY BOSTICK stated her support for HB 226 as a first step in
addressing the pay disparity between state attorneys in Alaska
and their colleagues across the nation. She shared that she
left her 10-year private practice for a position in the
Anchorage District Attorney's Office to address the rampant
domestic violence in her community. She reported that her
caseload was consistently over 200 felony cases, a quantity that
could not be properly addressed in a 40-hour work week. She
anecdotally reported on the turnover in the Anchorage District
Attorney's Office, resulting in talented prosecutors leaving the
state for better pay, lower caseloads, and pensions.
5:00:26 PM
BRITTANY DUNLOP, the Anchorage district attorney and a lifelong
Alaskan, said the lawyers that work in her office were
hardworking, thoughtful, and civic-minded public servants who
worked night and day to protect the community. She added that
they deserved to be compensated fairly. She conveyed that in
the last two years, she had spent more time hiring, recruiting,
and training than anything else. She highlighted several
statistics from the Anchorage District Attorney's Office,
including 100 open homicide cases and only 1 Tier IV lawyer.
5:02:15 PM
ABIGAIL CAZEL, a public defender in the Yukon-Kuskokwim Delta,
anecdotally reported on the retention issues in rural offices.
She emphasized her wholehearted belief in the Constitution of
the State of Alaska and the rights that it afforded indigent
criminal defendants. She believed that HB 226 would allow for
better retention of lawyers in Alaska.
5:04:12 PM
RANDALL HAVENS, an information technology (IT) professional in
Alaska, urged the committee to pass HB 226 with an immediate
effective date. He argued that talent needed to be compensated
in any profession, especially in Alaska where people did not
"idly wander by," as there were no law schools or connecting
roads. He reiterated his support for the bill.
5:06:53 PM
DARA GIBSON, a sex crimes prosecutor in Southeast Alaska,
anecdotally reported on her experience working with young
victims. She said she wanted to be able to see these children
through to the end of their cases; however, she was unsure if
that would be possible with rising costs and her husband losing
his job during the pandemic. She noted that she had received
multiple offers to move out of state where she could perform the
same work for better compensation and a smaller caseload. She
reiterated her dedication to victims and asked the legislature
to give her the capacity to continue her work in Alaska.
5:09:07 PM
CHAIR KREISS-TOMKINS closed public testimony on HB 226.
5:10:10 PM
The committee took a brief at-ease.
5:10:53 PM
REPRESENTATIVE CLAMAN moved to adopt Amendment 1, [labeled 32-
LS0960\I.1, Klein, 4/13/22], which read:
Page 1, lines 1 - 2:
Delete "relating to the compensation of certain
public officials, officers, and employees not covered
by collective bargaining agreements;"
Page 1, line 5, through page 2, line 31:
Delete all material.
Page 3, line 1:
Delete "Sec. 4"
Insert "Section 1"
Renumber the following bill sections accordingly.
Page 3, lines 13 - 18:
Delete all material.
Renumber the following bill sections accordingly.
Page 3, line 26:
Delete "Section 7"
Insert "Section 3"
Page 3, line 27:
Delete "sec. 8"
Insert "sec. 4"
CHAIR KREISS-TOMKINS objected for the purpose of discussion.
5:11:06 PM
REPRESENTATIVE CLAMAN moved to adopt Conceptual Amendment 1 to
Amendment 1.
REPRESENTATIVE EASTMAN objected for the purpose of discussion.
5:11:30 PM
ELISE SORUM-BIRK, Staff, Representative Andy Josephson, Alaska
State Legislature, on behalf of Representative Josephson, prime
sponsor, explained that Conceptual Amendment 1 to Amendment 1
pertained to page 1, lines 14-15, such that the words "as
increased under (e) and (f) of this section" would be added.
She said the section in reference was the paid salary schedule;
(e) and (f) being the updates to that salary schedule that
occurred in FY 14 and FY 15.
5:12:09 PM
REPRESENTATIVE EASTMAN asked whether the proposed amendment was
increasing the salary increases.
MS. SORUM-BIRK answered no.
REPRESENTATIVE EASTMAN removed his objection. There being no
further objection, Conceptual Amendment 1 to Amendment 1 was
adopted.
5:12:31 PM
MS. SORUM-BIRK explained that Amendment 1, as amended, was
developed in conjunction with the Department of Administration
(DOA), in response to a concern voiced by the Division of
Personnel and Labor Relations regarding the language pertaining
to the salary schedule. She stated that the proposed amendment
would remove some of the technical drafting choices that were
made upon the bill's initial creation to shorten and clarify the
legislation. She noted that the 10 percent raise for state
attorneys, which was the most significant section of the bill,
would not be changed.
CHAIR KREISS-TOMKINS removed his objection. There being no
further objection, Amendment 1, as amended, was adopted.
5:13:54 PM
REPRESENTATIVE CLAMAN moved to adopt Amendment 2, [labeled 32-
LS0960\I.3, Klein, 4/13/22], which read:
Page 1, line 3, following "attorneys":
Insert "and administrative law judges"
Page 3, line 12, following "AS 39.25.120(c)(3)":
Insert "and the chief administrative law judge
and administrative law judges of the office of
administrative hearings under AS 39.25.120(c)(20)"
Page 3, lines 13 - 18:
Delete all material.
Renumber the following bill sections accordingly.
Page 3, line 26:
Delete "Section 7"
Insert "Section 6"
Page 3, line 27:
Delete "sec. 8"
Insert "sec. 7"
CHAIR KREISS-TOMKINS objected for the purpose of discussion.
5:14:05 PM
MS. SORUM-BIRK explained that for the sake of parity within DOA,
the Office of Administrative Hearings would be included in the
bill to ensure that administrative law judges were compensated
on par with their colleagues within the department.
5:14:51 PM
REPRESENTATIVE EASTMAN asked whether the administrative law
judges were not covered by collective bargaining agreements and
fell under the same classification as the other attorneys
included in the bill.
MS. SORUM-BIRK answered yes, noting that administrative judges
were partially exempt.
CHAIR KREISS-TOMKINS removed his objection. There being no
further objection, Amendment 2 was adopted.
5:15:38 PM
REPRESENTATIVE TARR shared that she had intended to put forward
an amendment that extended the salary increase to the courts;
however, she was unable to submit the amendment before the
deadline. She expressed her desire to work with the bill
sponsor in the next committee of referral.
REPRESENTATIVE CLAMAN pointed out that, to be on par with the
national average, state attorney salaries should be increased by
34 percent, as opposed to 10 percent, which he said he agreed
with. However, he opined that if the bill had proposed a 34
percent pay increase, the odds of it passing were low.
REPRESENTATIVE VANCE compared the median salary for both state
attorneys and teachers, pointing out that the starting range for
an attorney in Alaska was $60,000 while the median salary for
teachers was $68,000. She questioned whether increasing
attorney pay and focusing on retention would save the state
money in the long-term and provide the right to a speedy trial,
which she highlighted as a current issue within the Department
of Corrections (DOC).
REPRESENTATIVE EASTMAN expressed concern about the effective
date.
REPRESENTATIVE STORY characterized the public testimony as
alarming, moving, and compelling. She said that if the
legislature wanted to be champions of children and families, it
had a big task ahead of it. She opined that state employees
should feel valued through compensation.
5:21:20 PM
REPRESENTATIVE CLAMAN in response to Representative Eastman's
comment on the effective date, shared his understanding that it
concerned the bonuses that were allocated during the budget
subcommittee process, which would result in quicker compensation
for the individuals impacted by the proposed legislation.
CHAIR KREISS-TOMKINS noted the deep impact of the public
testimony and offered his heartfelt thanks to the individuals
who called in. He argued that this was the most important step
in terms of improving the criminal justice system.
5:23:26 PM
REPRESENTATIVE CLAMAN moved to report HB 226, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 226(STA), was
reported from the House State Affairs Standing Committee. He
granted Legislative Legal Services the authority to make
technical and conforming changes.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 412 Amendment B.1 -- Kreiss-Tomkins.pdf |
HSTA 4/14/2022 3:00:00 PM |
HB 412 |
| HB 412 Amendment B.2 -- Kreiss-Tomkins.pdf |
HSTA 4/14/2022 3:00:00 PM |
HB 412 |
| HB 226 Amendment I.1 -- Claman.pdf |
HSTA 4/14/2022 3:00:00 PM |
HB 226 |
| HB 226 Amendment I.3 -- Claman.pdf |
HSTA 4/14/2022 3:00:00 PM |
HB 226 |
| HB 226 Fiscal Note 04.13.22 - Revised.pdf |
HSTA 4/14/2022 3:00:00 PM |
HB 226 |
| HB 226 Additional Information - Salary Comparison Documents 04.14.22.pdf |
HSTA 4/14/2022 3:00:00 PM |
HB 226 |
| HB 226 Amendment Packet with Votes 04.14.22.pdf |
HSTA 4/14/2022 3:00:00 PM |
HB 226 |
| HB 412 Amendment Packet with Vote 04.14.22.pdf |
HSTA 4/14/2022 3:00:00 PM |
HB 412 |