03/06/2012 09:00 AM Senate STATE AFFAIRS

        SB 198-POLICE OFFICER PROTECTIONS/CERTIFICATION                                                                     
                                                                                                                                
9:09:13 AM                                                                                                                    
CHAIR WIELECHOWSKI  noted that SB  198 was before  the committee.                                                               
The bill changes  procedures used by the  Alaska Police Standards                                                               
Council (APSC) when investigating the  conduct of an officer. The                                                               
committee  heard   the  bill   last  week   and  has   since  had                                                               
conversations with the Department of  Public Safety (DPS) and the                                                               
Public  Safety  Employees  Association (PSEA).  He  thanked  both                                                               
entities for  their willingness to address  previous concerns. He                                                               
said that  a new committee  substitute (CS)  for SB 198  has been                                                               
drafted, version D.                                                                                                             
                                                                                                                                
SENATOR PASKVAN  moved to adopt  the CS  for SB 198,  labeled 27-                                                               
LS1306\D, as the working document before the committee.                                                                         
                                                                                                                                
CHAIR WIELECHOWSKI objected for discussion purposes.                                                                            
                                                                                                                                
THOMAS PRESLEY, intern to Senator Bill Wielechowski, sponsor of                                                                 
SB 198, related the changes in SB 198. He read from the                                                                         
following statement:                                                                                                            
                                                                                                                                
     The CS  you see before you  is a product of  input from                                                                    
     all sides,  and addresses  issues discussed  during the                                                                    
     last hearing  on this bill.  The language in  section 1                                                                    
     has  been cleaned  up.  In the  CS,  the Alaska  Police                                                                    
     Standards Council is not bound  to follow a decision of                                                                    
     an  arbitration  court  when   deciding  to  revoke  or                                                                    
     suspend  a certificate.  Testimony  from the  Executive                                                                    
     Director of  APSC stated  the need  for the  council to                                                                    
     maintain independence  in decision making  with regards                                                                    
     to revocation, and this change allows for that.                                                                            
     Executive  Director David  Sexton and  Anchorage Police                                                                    
     Chief Mark Mew  testified to the fact  that the Council                                                                    
     has an  independent procedure and looks  at the conduct                                                                    
     of a  police officer. APSC  should not be bound  by the                                                                    
     decision  of an  arbitrator  who may  focus on  process                                                                    
     issues.  Section  3  now obligates  the  Alaska  Police                                                                    
     Standards   Council   to  "substantially   weigh"   the                                                                    
     decisions  of  arbitrations  and  employment  hearings.                                                                    
     This is  different because  the decision  of employment                                                                    
     cases  now must  only  be considered  when deciding  to                                                                    
     revoke or suspend a certificate.                                                                                           
                                                                                                                                
     Section 4  has been removed. This  section expanded the                                                                    
     definition  of   "police  officer"  to   include  court                                                                    
     service officers. Senator Giessel  asked whether or not                                                                    
     this  would have  a fiscal  impact  on training  costs.                                                                    
     After  discussion  with  the APSC,  the  Department  of                                                                    
     Public   Safety,  and   the  Public   Safety  Employees                                                                    
     Association,  it was  found that  section 4  would need                                                                    
     more discussion and  work. As of now,  that section has                                                                    
     been  taken  out  and  the  issue  of  including  court                                                                    
     service officers in  this bill will be taken  up in the                                                                    
     Judiciary Committee.                                                                                                       
                                                                                                                                
     Sections 5 and 6  now make explicit that pre-employment                                                                    
     polygraph testing  is permissible under SB  198. In our                                                                    
     last hearing,  both Mr. Sexton  and Mr. Mew  stated the                                                                    
     need  for  pre-employment  polygraph testing.  We  have                                                                    
     made progress  on this bill  and addressed many  of the                                                                    
        concerns by the Department of Public Safety, the                                                                        
     Alaska Police Standards Council, and Police Chiefs.                                                                        
                                                                                                                                
SENATOR MEYER asked why court service employees were removed.                                                                   
                                                                                                                                
MR. PRESLEY said there were unanswered questions about them.                                                                    
                                                                                                                                
SENATOR MEYER said he thought they should be included.                                                                          
                                                                                                                                
CHAIR WIELECHOWSKI explained  that it was found  that there could                                                               
be a  large fiscal impact  when including court  system employees                                                               
and more  information needs to  be sought. Senate  Judiciary will                                                               
take SB 198 up next.                                                                                                            
                                                                                                                                
SENATOR GIESSEL asked for Mr.  Sexton's opinion of the changes in                                                               
the bill.                                                                                                                       
                                                                                                                                
9:14:01 AM                                                                                                                    
DAVID  SEXTON,   Executive  Director,  Alaska   Police  Standards                                                               
Council (APSC),  commented on  the changes to  SB 198.  He opined                                                               
that the  bill was moving  in the  right direction. He  liked the                                                               
idea of  having "a  tool to  suspend." He said  he was  not clear                                                               
about new Section  1. He gave his understanding  that it required                                                               
APSC  to follow  the Administrative  Procedure Act.  He suggested                                                               
adding the  word "suspend" to  Section 2,  where it says  APSC is                                                               
allowed  to  "revoke and  modify."  He  said  he was  happy  with                                                               
Section 3 changes.                                                                                                              
                                                                                                                                
He related that  APSC was hoping to remove the  words "full time"                                                               
from the definition of police  officer in Section 4. He explained                                                               
that  currently  APSC has  no  jurisdiction  over seasonal,  part                                                               
time, or reserve officers. Removing  "full time" would allow APSC                                                               
to have  jurisdiction over all  officers. He said  he appreciated                                                               
the clarification  of the  pre-employment polygraphs  and keeping                                                               
the tool  for post-employment investigative polygraphs.  He noted                                                               
if that is done, then Sections 7 and 8 could be deleted.                                                                        
                                                                                                                                
CHAIR  WIELECHOWSKI  asked  which  version of  the  bill  he  was                                                               
looking at.                                                                                                                     
                                                                                                                                
MR. SEXTON stated he was reading from version B.                                                                                
                                                                                                                                
CHAIR  WIELECHOWSKI   noted  that   version  D  was   before  the                                                               
committee.                                                                                                                      
                                                                                                                                
MR. SEXTON continued  to say he was fine with  the changes in the                                                               
disclosure and privacy rules.                                                                                                   
                                                                                                                                
SENATOR GIESSEL  asked about  Section 3.  She read,  "The council                                                               
shall  give substantial  weight to  the significance  of a  post-                                                               
removal or reversal  of a disciplinary action." She  asked if Mr.                                                               
Sexton  was  concerned  about   the  words  "substantial  weight"                                                               
because she could not find a definition for them.                                                                               
                                                                                                                                
MR. SEXTON replied that he also  could not find a definition, but                                                               
assumed it  had a common  sense meaning. He  said did not  have a                                                               
problem  with  the  intent  behind   the  words.  He  noted  that                                                               
"substantial weight"  is difficult to  measure, as is  "clear and                                                               
convincing evidence."  He thought  the spirit behind  the wording                                                               
was acceptable.                                                                                                                 
                                                                                                                                
CHAIR WIELECHOWSKI  said an attorney suggested  that language. He                                                               
pointed  out that  SB  198  would be  heard  next  by the  Senate                                                               
Judiciary Committee. He thanked Mr. Sexton for his suggestions.                                                                 
                                                                                                                                
He  pointed  out  that  Section 1  clarifies  that  APSC  follows                                                               
procedures under the Administrative Procedure Act.                                                                              
                                                                                                                                
9:20:48 AM                                                                                                                    
CHAIR WIELECHOWSKI  noted two  fiscal notes;  one zero  note from                                                               
the Department  of Administration and an  indeterminate note from                                                               
the Department  of Public Safety  (DPS). He thought the  DPS note                                                               
would become a  zero note as a result of  changes made in version                                                               
D.                                                                                                                              
                                                                                                                                
TERRY VRABEC,  Deputy Commissioner,  Office of  the Commissioner,                                                               
Department  of Public  Safety, answered  questions related  to SB
.                                                                                                                            
                                                                                                                                
CHAIR WIELECHOWSKI  asked if the DPS  fiscal note would now  be a                                                               
zero fiscal note.                                                                                                               
                                                                                                                                
MR. VRABEC  referred to a discussion  of the cost to  train CSO's                                                               
and  make them  certified  police officers.  He  said that  CSO's                                                               
receive  training now,  but not  at the  same level  as a  police                                                               
officer.  Under the  legislation, they  would have  to go  to the                                                               
Police Academy and it would cost  about $11,500 to train each CSO                                                               
for 18 weeks. That training could  be modified or could be spread                                                               
across fiscal years. A related  cost would be for overtime shifts                                                               
at court houses when CSO's were attending the academy.                                                                          
                                                                                                                                
CHAIR WIELECHOWSKI asked what it would cost to train 59 CSO's.                                                                  
                                                                                                                                
MR. VRABEC said $650,000.                                                                                                       
                                                                                                                                
CHAIR WIELECHOWSKI  asked if the DPS  fiscal note was now  a zero                                                               
fiscal note.                                                                                                                    
                                                                                                                                
MR. VRABEC thought so.                                                                                                          
                                                                                                                                
CHAIR WIELECHOWSKI thanked Mr. Vrabec.  He said that legal issues                                                               
could be worked out in Judiciary                                                                                                
                                                                                                                                
SENATOR PASKVAN  moved to report  the CS  for SB 198,  version D,                                                               
from   committee   with   individual  recommendations   and   the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
CHAIR  WIELECHOWSKI   announced  that  without   objection,  CSSB
(STA) moved from the Senate State Affairs Standing Committee.