Legislature(2001 - 2002)
04/29/2002 02:13 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 332-DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL
REPRESENTATIVE CON BUNDE, sponsor of HB 332, explained that HB
332 extends the sunset date of the Council on Domestic Violence
and Sexual Assault. He noted the Legislative Budget and Audit
division did an audit of the Council and it came to his
attention that some of the Council's problems could be resolved
if the director could hire or work with a team, therefore the
bill includes a provision to exempt the Council employees so that
if a director changes, the new director can choose a team that
can accomplish results that are best for the state.
SENATOR THERRIAULT asked what recommendations were made in the
audit that Representative Bunde did not include in HB 332.
REPRESENTATIVE BUNDE said he did not have the audit in front of
him but thought the recommendation included in HB 332 would be a
management tool that would serve the Council well.
CHAIRMAN TAYLOR took testimony via teleconference.
MS. GIGI PILCHER, testifying from Ketchikan, thanked Chairman
Taylor for his long and devoted support and service to victims of
crime. She acknowledged his dedication and commitment has
extended beyond his service as a Senator. She discussed a recent
homicide in Ketchikan in which a 6 week-old infant died of
physical abuse and said that incident should give pause to the
importance of passing HB 332. She stated that Ketchikan has
experienced an increase of violence during the last 12 months.
Most attribute the increase in violence, in part, to the severe
economic crisis in Ketchikan and lower Southeast Alaska as the
result of the closure of the pulp and sawmills. Ketchikan
experienced an unemployment rate of 11.4 percent in February;
Wrangell, Petersburg, Prince of Wales Island and Metlakatla have
even higher rates. There is a sense of hopelessness about what
the future holds for those communities. The Council of Domestic
Violence and Sexual Assault provides extremely valuable oversight
of domestic violence programs throughout the state. It ensures
that non-profits and other agencies receive state funds and
adhere to grant regulations. It ensures that the immediate safety
and other services are available to victims of violent crimes.
Because the Council does such a good job on oversight, she has
suggested over the years that some of the other departments take
note. She also thanked Representative Bunde for sponsoring HB
332.
REPRESENTATIVE BUNDE told members that their packets contain a
copy of the Legislative Budget and Audit audit and, in addition,
Pat Davidson was available to answer questions about the audit.
DEPUTY CHIEF BILL MILLER, Anchorage Police Department, urged
members to pass HB 332. As the Domestic Violence Coordinator, he
makes sure the Anchorage Police Department acts to the best of
its ability to help victims of domestic violence and sexual
assault. The Anchorage Police Department answers thousands of
calls related to domestic violence each year. One-third of the
homicides in Anchorage are due to domestic violence. The Council
on Domestic Violence and Sexual Assault gives the police
department a number of tools to work with. It provides
opportunities to get trained by non-profit organizations and
state agencies. That training is extremely important during this
time of fiscal constraint. The Council also facilitates
coordination between law enforcement agencies, non-profit
organizations, service organizations and with government
agencies. He urged passage of HB 332.
MS. BRENDA STANFILL, the Executive Director of the Interior
Alaska Center for Non-Violent Living in Fairbanks, informed
members the Center is a domestic violence shelter that also aids
victims of sexual assault. The Center relies very heavily on the
Council and Council staff, which provide tremendous oversight and
technical assistance. The Council collects statistics from around
the state about domestic violence and sexual assault and can
provide a good look at what is happening. The Center also relies
on the Council for the resources it can provide. She urged
members to pass HB 332.
2:55 p.m.
MS. SUSAN SCUDDER, Executive Director of the Council on Domestic
Violence and Sexual Assault, offered to answer any questions
about the audit. She informed members the Council has been in
place since 1981 and was put in the Department of Public Safety
to fill a very public need of making sure that the women and
children in Alaska that are in harms way have a safe place to go.
As part of a comprehensive and evolving effort to address
domestic violence and sexual assault, the Council added oversight
of batterers' intervention programs several years ago to try to
take a more holistic approach to try to break the cycle of
violence. Last year, more than 7,000 Alaskans needed more than
50,000 shelter nights around the state.
MS. SCUDDER said the Council is concerned about the provision
added to the bill that changes the employees to exempt status.
The Council feels there is institutional knowledge among
employees and even though executive directors change, other
employees develop relationships with program staff and federal
staff and provide good service. The Council is concerned that the
possibility of changing all employees at one time could create
problems for the programs it serves. She said the Council truly
serves a public safety function.
SENATOR THERRIAULT referred to the recommendation in the audit
that pertains to conflict of interest and asked Ms. Scudder to
comment.
MS. SCUDDER explained that the Network on Domestic Violence and
Sexual Assault is the non-profit coalition of all programs around
the state. The programs themselves provide names to the Network
and of board applicants who must fill out a very long
questionnaire. Though this procedure can be seen as creating a
possible conflict of interest, it can also be seen to create a
conflict of interest with the community program that the person
is affiliated with. She noted that most people who serve on the
Council's board as public members have some background in
domestic violence or sexual assault. For example, one of the
current board members was a former board member of STAR, a
grantee. Another board member was a former director of AWAKE, the
main shelter in Anchorage. She said that even though these names
come from the Network, the Governor does not have to appoint
people recommended by the Network. The Council believes that many
program people are experts in this field so it makes a lot of
sense that they recommend people they feel are the best qualified
to be the public members of the Council's board.
SENATOR THERRIAULT asked if any allegations that the executive
director was showing favoritism have occurred in the past.
MS. SCUTTER said there have not been any.
MS. LAURI HUGONIN, Director of the Network on Domestic Violence
and Sexual Assault, stated support for HB 332. The Council on
Domestic Violence and Sexual Assault is the nexus in government
for state departments and the public to coordinate efforts to
address these crimes. She stated:
Through the Council, the Departments of Public Safety,
Law, Education and Health and Social Services work
together to streamline services to victims, hold
perpetrators accountable for their criminal behavior,
and create societal change so these crimes are no
longer tolerable in our communities. The departments
develop cooperative work agreements on how to handle
situations where overlap may occur or where one
department's work depends on another. The Council
provides a forum for the departments to work through
systemic problems when addressing these crimes. The
Council also provides an avenue for public input into
the state's policies and procedures regarding these
crimes, by seating three members from the public on the
Council itself. The Council meets four times a year and
provides opportunity for public trust money and holds
at least one statewide teleconference each year on a
topic related to domestic violence or sexual assault.
The Council works closely with the Network in
developing community based programming for victims and
perpetrators of domestic violence and sexual assault.
Maintaining the Council in the Department of Public
Safety, whose purpose is to coordinate the state's
response to domestic violence and sexual assault, sends
strong messages. It says to the victims of these acts
that they are crimes and help is available. It says to
perpetrators that the state has a vested interest in
their criminal activity and it says to all citizens
that the state cares enough about these issues to be
actively working to address them. I'd be happy to
answer any questions.
TAPE 02-22, SIDE B
SENATOR THERRIAULT asked Ms. Davidson to discuss the
recommendation that pertained to the conflict of interest.
MS. PAT DAVIDSON, legislative auditor, Legislative Affairs
Agency, told members the first recommendation was to amend the
legislation to eliminate the reference to the Network for
Domestic Violence in the statutes regarding the Council on
Domestic Violence and Sexual Assault. She said the reason is that
the Network makes recommendations to the governor for new or
continuing members and when the Network also became a grantee of
the Council, the auditors felt that was an apparent conflict of
interest. When the auditors looked at the relationship between
the two, they identified a couple of incidents, the first
occurred in FY 01. When a grant went to the Network, it was
modified and limited the Council to reviewing only the financial
records. As a result, the Council could not actually monitor the
performance of the grant. She pointed out that after the auditors
talked to the Council about the situation, when that same request
was made, it was denied so that the Council is no longer limited
to reviewing financial records only. The second incident occurred
when the Council was developing the monitoring schedule for sub-
grantees, it did not include the Network. She said because of the
close financial relationship between the Network and the Council,
the auditors recommended an arms length relationship. She said
the auditors did not mean to indicate that the governor cannot
consult with the Network and she agrees the Network is a great
agency to suggest names. The auditors were not looking to
eliminate that but they believe the statutory tie between the
Network and the public members should be broken.
MS. DAVIDSON pointed out the report also recommended that the
legislation be modified to allow the executive director to hire
staff. The auditors did not address whether the staff should be
placed in exempt status. The auditors' concern was that the
employees should recognize the executive director as their
supervisor rather than the Council. She then noted the auditors
believe the Council should consult with the Department of Health
and Social Services (DHSS). In 1996, the Council's statutes were
amended to add a plethora of things and she believes consulting
with DHSS is just one the Council has not gotten to yet. The
final recommendation was that the Council work with the
Department of Education and school districts to create a
comprehensive standardized curriculum to be used within the
schools across the state. She said that some of the larger school
districts have adopted curricula and have wonderful programs.
Other school districts have not had the time or resources and
need the Council to step forward and draw on the resources from
the other school districts and devise at least a minimum plan.
MS. DAVIDSON noted the auditors followed up on prior
recommendations. In terms of data collection, the Council has
improved substantially. Timeliness of annual reports improved in
addition to onsite monitoring.
SENATOR ELLIS asked Ms. Davidson to reiterate the downside of
making the executive director and staff positions exempt.
MS. DAVIDSON said there is a trade-off from a management
perspective. If one is looking for employees who want solid
employment and are willing to go the extra mile to build strong
working relationships, those employees will feel more secure in
the classified system. On the other hand, to have an effective
organization, all employees must work as a team. If a new
executive director is hired with a different philosophy of the
organization, it is sometimes difficult to "move that ship around
a little bit."
CHAIRMAN TAYLOR thanked Ms. Davidson for the great work she and
her staff do. He then said he would entertain a motion.
SENATOR ELLIS asked Chairman Taylor about the proposed amendment
in members' packets.
CHAIRMAN TAYLOR said it was submitted to the committee and that
he was willing to discuss it but he did not intend to raise it
personally. He said he believes Ms. Scudder has done a good job
and he did not see the need for another study.
SENATOR COWDERY moved CSHB 332(FIN) from committee with its
accompanying fiscal note and individual recommendations.
CHAIRMAN TAYLOR announced that without objection, CSHB 332(RLS)
moved from committee. He then adjourned the meeting at 3:12 p.m.
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