02/03/2009 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS

         SB  19-COMPLAINTS AGAINST PEACE OFFICERS/VPSOS                                                                     
                                                                                                                                
CHAIR OLSON announced the consideration of SB 19.                                                                               
                                                                                                                                
SENATOR  FRENCH  said he  is  the  prime  sponsor  of SB  19.  It                                                               
establishes  a framework  that allows  the  Department of  Public                                                               
Safety  (DPS)   to  provide   investigation  status   updates  to                                                               
complainants about grievances they file against peace officers.                                                                 
The   legislation   protects   personnel  information   and   the                                                               
confidentiality  of investigative  processes while  also allowing                                                               
the  department to  provide evidence  that a  complaint is  being                                                               
taken seriously  and getting reviewed for  potential disciplinary                                                               
action.  When  a  citizen  files  a  complaint  against  a  peace                                                               
officer, the law must balance  the confidentiality of the process                                                               
with  the legitimate  need to  inform the  complainant about  the                                                               
status  of  the  department's investigation. In  instances  where                                                               
wrong doing has actually occurred,  silence by the department may                                                               
result  in greater  mistrust of  the system,  particularly if  it                                                               
lasts for  months. This legislation  provides citizens  with more                                                               
information  about   how  their  government  responds   to  their                                                               
concerns, without reducing  protections on confidential personnel                                                               
files  or   hindering  the   objective  of   completing  unbiased                                                               
investigation processes.                                                                                                        
                                                                                                                                
SENATOR FRENCH  said SB  19 is an  outgrowth of  the Branchflower                                                               
investigation  that   took  place  last  summer   and  fall.  Mr.                                                               
Branchflower  recommended  two  changes  in  state  law.  As  the                                                               
project director, Senator French felt  it was his duty to fulfill                                                               
these  common sense  ideas. This  bill is  about one  of the  two                                                               
recommendations.  It provides  some feedback  to people  who have                                                               
complained against peace officers to  let them know how far along                                                               
the investigation is and if it  is being taken seriously. It will                                                               
also let  the person  know if  the complaint was  valid. It  is a                                                               
simple bill.                                                                                                                    
                                                                                                                                
4:34:53 PM                                                                                                                    
SENATOR KOOKESH asked for a definition of a peace officer.                                                                      
                                                                                                                                
SENATOR  FRENCH said  the definition  is found  in the  statutes,                                                               
01.10.060. It lists six things:  state trooper officer; member of                                                               
a municipal  police force; village public  safety officer (VPSO);                                                               
regional public  safety officer; United States  marshal or deputy                                                               
marshal; or an  officer whose duty it is to  enforce and preserve                                                               
the public peace.                                                                                                               
                                                                                                                                
SENATOR KOOKESH asked why do you  have "/VPSO" [in the title]? It                                                               
is already included in the definition of peace officer.                                                                         
                                                                                                                                
SENATOR  FRENCH said  he  doesn't have  a  good explanation.  The                                                               
drafters came up with that title.                                                                                               
                                                                                                                                
4:37:00 PM                                                                                                                    
SENATOR KOOKESH said it doesn't need to be in the title.                                                                        
                                                                                                                                
CHAIR OLSON said he doesn't want a separate category for VPSOs.                                                                 
                                                                                                                                
SENATOR   FRENCH  said   his   desire  was   to   see  that   Mr.                                                               
Branchflower's recommendations were fulfilled,  and he was aiming                                                               
at  state  troopers.  He  said  to be  careful  not  to  lump  in                                                               
municipal  police   forces,  because  each   municipality  should                                                               
address  it within  their own  ordinances. He  doesn't object  to                                                               
removing it, but  he doesn't want to adopt a  definition of peace                                                               
officer that grabbed all six. He can prepare an amendment.                                                                      
                                                                                                                                
4:38:23 PM                                                                                                                    
CHAIR KOOKESH said he is in  favor because his village is more of                                                               
a VPSO village.                                                                                                                 
                                                                                                                                
SENATOR KOOKESH  said he doesn't  want to  single them out  as if                                                               
they were a problem area.                                                                                                       
                                                                                                                                
GINA APPOLLONI, VPSO director, Kawerak,  Inc, Nome, said the bill                                                               
misleads the  public to  believe that VPSOs  are employed  by the                                                               
state,  when they  are employed  by the  regional nonprofit.  She                                                               
recommends  adding:  VPSOs  who  are  employed  by  the  regional                                                               
nonprofit.  Kawerak  agrees  with   having  a  policy  to  handle                                                               
complaints, which is already in their policies and procedures.                                                                  
                                                                                                                                
4:39:44 PM                                                                                                                    
CHAIR OLSON asked  how many complaints have there  been for VPSOs                                                               
under her direction.                                                                                                            
                                                                                                                                
MS.  APPOLLONI said  there  may have  been one  in  the last  six                                                               
months. There are six employees and  four of them are at the VPSO                                                               
academy. Nine are allotted to Kawerak.                                                                                          
                                                                                                                                
4:40:30 PM                                                                                                                    
CHAIR OLSON asked what Senator French thought.                                                                                  
                                                                                                                                
SENATOR FRENCH  said his approach  would be to simply  remove the                                                               
VPSO references.  Lines 11 and 12  contain what he was  trying to                                                               
get at: peace  officers employed by the department.  That will be                                                               
state troopers. He offered to prepare a committee substitute.                                                                   
                                                                                                                                
CHAIR OLSON  said Ms. Appolloni's  concern was that there  was an                                                               
implication that the VPSOs were employees of the state.                                                                         
                                                                                                                                
MS.  APPOLLONI  said  the  bill   makes  VPSOs  look  like  state                                                               
employees.                                                                                                                      
                                                                                                                                
SENATOR  FRENCH  said   he  thinks  they  all   agree  to  remove                                                               
references to VPSOs. Would that alleviate those concerns?                                                                       
                                                                                                                                
MS. APPOLLONI said yes.                                                                                                         
                                                                                                                                
4:42:54 PM                                                                                                                    
SENATOR  FRENCH offered  another amendment.  Some complaints  are                                                               
anonymous or  just tips, and it  seems fair to ask  for a written                                                               
complaint signed  by the person  complaining in order to  get the                                                               
disclosures.                                                                                                                    
                                                                                                                                
4:44:42 PM                                                                                                                    
JOSEPH  MASTERS,  Commissioner,   Department  of  Public  Safety,                                                               
Anchorage,  said he  thinks he  is in  favor the  amendments. The                                                               
comments on  VPSOs are  valid. It would  be an  additional burden                                                               
for DPS to compel a nonprofit to provide that information.                                                                      
                                                                                                                                
CHAIR OLSON asked if he had a copy of the amendment.                                                                            
                                                                                                                                
4:46:22 PM                                                                                                                    
The committee took an at-ease.                                                                                                  
                                                                                                                                
4:47:03 PM                                                                                                                    
CHAIR OLSON  said the bill  will be amended  at a later  date. He                                                               
wants the commissioner to understand the amendments.                                                                            
                                                                                                                                
COMMISSIONER MASTERS said he is  amenable to the changes, and the                                                               
DPS will be in favor of the bill.                                                                                               
                                                                                                                                
SENATOR  MENARD  asked   if  the  cosigners  are   aware  of  the                                                               
amendment.                                                                                                                      
                                                                                                                                
4:48:51 PM                                                                                                                    
SENATOR  FRENCH   said  he  will   discuss  it  with   the  other                                                               
cosponsors. Sponsors can remove their names if they so choose.                                                                  
                                                                                                                                
SB 19 was held over.