Legislature(2019 - 2020)GRUENBERG 120
03/19/2020 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
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| Start | |
| Confirmation Hearing(s): | |
| Alaska Police Standards Council | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 253 | TELECONFERENCED | |
| += | HB 274 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 19, 2020
3:03 p.m.
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Grier Hopkins
Representative Andi Story
Representative Sarah Vance
Representative Laddie Shaw
MEMBERS ABSENT
Representative Steve Thompson
Representative Jonathan Kreiss-Tomkins, Co-Chair
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
State Commission for Human Rights
Jamie Allard - Eagle River
William Craig - Sitka
Elizabeth "Betsy" Engle - Fairbanks
Evelyn Falzerano - Anchorage
Kyle Foster - Anchorage
- CONFIRMATION(S) ADVANCED
Alaska Public Offices Commission
Dan LaSota - Fairbanks
Hardy "Van" Lawrence - Fairbanks
- CONFIRMATION(S) ADVANCED
Personnel Board
Craig Johnson - Anchorage
State Board of Parole
Leitoni "Lei" Tupou - Juneau
Alaska Police Standards Council
Ed Mercer - Juneau
Daniel Weatherly - Anchor Point
Joseph White - Ketchikan
Jennifer Winkelman - Juneau
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
JAMIE ALLARD, Appointee
State Commission for Human Rights
Eagle River, Alaska
POSITION STATEMENT: Testified as an appointee to the State
Commissioner for Human Rights.
ACTION NARRATIVE
3:03:34 PM
CO-CHAIR ZACK FIELDS called the House State Affairs Standing
Committee meeting to order at 3:03 p.m. Representatives Story,
Vance, and Fields were present at the call to order.
Representatives Hopkins and Shaw arrived as the meeting was in
progress.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
3:05:09 PM
CO-CHAIR FIELDS announced that the only order of business would
be consideration of Governor's appointees for various boards and
commissions.
^State Commission for Human Rights
State Commission for Human Rights
^Alaska Public Offices Commission
Alaska Public Offices Commission
^Personnel Board
Personnel Board
^State Board of Parole
State Board of Parole
^Alaska Police Standards Council
Alaska Police Standards Council
3:05:27 PM
CO-CHAIR FIELDS invited State Commission for Human Rights
appointee, Jamie Allard, to give her statement.
3:05:33 PM
JAMIE ALLARD, Appointee, State Commission for Human Rights,
described her background: both parents were immigrants to the
U.S. and became citizens; her father put himself through college
and started a successful career; her father died at a young age
and her mother raised four children as a single parent. Ms.
Allard realized at an early age the importance of a good
education. She reviewed her opportunities and achievements in
athletics, the U.S. Army, the U.S. Department of State (DOS),
the U.S. Department of Veterans Affairs (DVA), the Social
Security Administration (SSA), the U.S. Department of Defense
(DoD), and the Alaska Department of Military and Veterans
Affairs (DMVA). She has been married for 23 years and has two
daughters. She is in her third year at Norwich University,
Senior Military College, and plans to graduate with a degree in
national security studies.
MS. ALLARD stated that she understands the importance of the
State Commission for Human Rights - as someone of Chilean
descent, as a disabled veteran, and as a female, "who has fought
for everything she's ever wanted." She said that as a volunteer
for the commission, she pledges to follow the law and work with
her fellow commissioners to accomplish the mission.
3:09:25 PM
REPRESENTATIVE STORY said that the mission statement is to
eliminate and prevent discrimination for all Alaskans. She
asked the appointee for her assessment of the current state of
human rights for Alaskans and to comment on whether there are
groups not receiving adequate protection.
MS. ALLARD answered that the commission's operating framework is
established by federal and state law. She said that her duty as
a commissioner is to implement the commission's mission within
that framework with compassion and understanding for all. She
maintained that it is her duty to ensure that occurs, regardless
of a person's station, history, or background. She added, "And
I believe they are treated fairly and justly with the care and
the compassion."
REPRESENTATIVE STORY asked whether Ms. Allard feels that any
groups are not receiving adequate protections now.
MS. ALLARD replied, "What I feel is irrelevant. What I am here
to do is make sure that Alaska Statute Title 18, Section
18.80.060, Powers and duties of the commission, line 5, is
followed."
REPRESENTATIVE STORY asked her to share her assessment of the
current state of human rights for Alaskans and what she would
hope to accomplish.
MS. ALLARD reiterated that it is her duty to ensure that
regardless of a person's station, history, or background, the
person is treated fairly and justly with the care and the
compassion. She stated that she will only follow the state law.
REPRESENTATIVE STORY asked for Ms. Allard's opinion on how
Alaska is performing on "caring for all."
MS. ALLARD expressed her belief that the commission is doing the
best job it can; it has had a large turnover in commissioners in
the last year; it meets regularly; and it will continue to
ensure that everyone is taken care of properly according to the
law.
REPRESENTATIVE STORY asked whether Ms. Allard was aware of any
areas needing work.
MS. ALLARD responded that anything coming before the commission
will be addressed according to the law. She added that HB 119
[APPLICABILITY OF HUMAN RIGHTS COMMISSION] and HB 82
[DISCRIMINATION: GENDER ID.; SEXUAL ORIENT.] are before the
legislature, but the commission has not discussed them; they are
on the next meeting's agenda.
REPRESENTATIVE STORY asked Ms. Allard whether she believes that
sexual orientation and gender identity are characteristics
worthy of protection.
MS. ALLARD answered that under HB 82, that would be evaluated.
CO-CHAIR FIELDS asked Ms. Allard if it was her interpretation
that the law does not currently protect [sexual orientation and
gender identity].
MS. ALLARD replied no, that's not her interpretation. She cited
AS 18.80.060(a)(5), which read:
(5) study the problems of discrimination in all or
specific fields of human relationships, foster through
community effort or goodwill, cooperation and
conciliation among the groups and elements of the
population of the state, and publish results of
investigations and research as in its judgment will
tend to eliminate discrimination because of race,
religion, color, national ancestry, physical or mental
disability, age, sex, marital status, changes in
marital status, pregnancy, or parenthood;
CO-CHAIR FIELDS asked Ms. Allard whether she thinks the law
provides protections for people based on sexual orientation.
MS. ALLARD responded that she does not have the right to
interpret the law beyond what is in statute; it would be the
duty of the commission.
3:15:13 PM
CO-CHAIR FIELDS cited Ms. Allard's Facebook post of July [2019],
which read [original punctuation provided]:
These so called Village Police Officers aren't police
as that word has legal meaning here in Alaska. VPSOs,
local police, State Troopers and some few others are
commissioned by the Commissioner of Public Safety,
Amanda Price. They have to meet State standards, which
vary from the very limited commission of a VPSO to the
geographically limited commission local police and
airport police, to the unlimited commission of a State
Trooper.
The individuals at issue are simply people hired by a
village government, most of them not political
subdivisions of the State and acting under their
perception of tribal or federal authority. In the
village they could perhaps detain you and put you
before the village counsel, but under Alaska law even
the village counsel lacks any real authority for
criminal prosecution. Which brings us to what this is
really about; the sovereignty advocates want the
villages to have police powers and criminal
prosecution powers separate from State and federal
jurisdiction, and the State of Alaska should never
tolerate that.
CO-CHAIR FIELDS asked whether Ms. Allard was categorically
opposed to recognition of tribal sovereignty.
MS. ALLARD answered that it was not her job to take a stand on
that; as a commissioner she must follow the laws which the
legislature has enacted.
CO-CHAIR FIELDS suggested that many people equate a person's
position on tribal sovereignty with racial equality.
MS. ALLARD expressed that she does not believe the issue is
relevant to her position on the commission.
REPRESENTATIVE VANCE agreed that sovereignty and race are two
separate issues, as they pertain to the State Commission for
Human Rights.
CO-CHAIR FIELDS suggested that lay people reading the Facebook
post could view it as racist, therefore, germane.
MS. ALLARD replied, "Just because I posted a post stating what
the legal law is here in the state of Alaska has nothing to do
with anybody's race, and to take ... a post that I've posted and
try to imply that I'm racist or to implicate that it is a racist
post, is absurd."
3:19:11 PM
CO-CHAIR FIELDS cited Ms. Allard's website, which stated that
Ms. Allard was appointed by Governor [Mike] Dunleavy and
encouraged by a friend to resign and run for the [Eagle
River/Chugiak seat on the Municipality of Anchorage Assembly].
He asked, "Is it not the case that you were forced to resign
from that position by your supervisor?"
MS. ALLARD responded, "No, I was not forced to resign."
CO-CHAIR FIELDS asked how long Ms. Allard worked as a special
assistant at DMVA."
MS. ALLARD answered that her recollection is that she started on
December 28, 2018, and resigned May 2019. She confirmed for
Representative Fields that she was in the position about six
months.
CO-CHAIR FIELDS asked her how many offices she occupied at DMVA
and how many of the office changes required her to force an
existing employee to vacate the office for her.
MS. ALLARD replied that she occupied one office the entire time
she was with DMVA.
CO-CHAIR FIELDS asked how many requests she made to purchase new
equipment or conduct major office remodels.
MS. ALLARD responded that she asked for a printer in her office
- with approval from the commissioner - to ensure privacy of
documents that she printed as a special assistant. She
mentioned that she received a used printer. She confirmed that
she never requested any office remodels.
3:22:01 PM
CO-CHAIR FIELDS asked Ms. Allard for the date she moved to
Alaska and the time period she lived in Alaska.
MS. ALLARD answered that she moved to Alaska May 2010, left in
August 2014 for her husband to finish his engineering degree,
and moved back in May-June 2017.
CO-CHAIR FIELDS asked whether she applied for and received
permanent fund dividends (PFDs) during her absence from the
state.
MS. ALLARD responded, "Yes, we did." She explained that during
the two years that her husband attended school, they applied for
and received PFDs - according to Alaska Statutes. The last year
they were out of state her husband had graduated, and PFD
Division personnel advised them to apply for the PFD even though
they would not be eligible, so that their information would stay
in the system. They did not receive their PFDs for that year.
3:24:14 PM
CO-CHAIR FIELDS asked about the successful mortgage company that
she owned, as stated on her website, and if she had any
foreclosures or repossessed vehicles.
MS. ALLARD confirmed for Representative Fields that she owned a
small business in 2003-2005, had no repossessed vehicles, and is
unclear what he is talking about in reference to foreclosures.
3:25:18 PM
REPRESENTATIVE STORY cited the duties of the commission listed
under AS 18.80.060(a)(5), which read:
(5) study the problems of discrimination in all or
specific fields of human relationships, foster through
community effort or goodwill, cooperation and
conciliation among the groups and elements of the
population of the state, and publish results of
investigations and research as in its judgment will
tend to eliminate discrimination because of race,
religion, color, national ancestry, physical or mental
disability, age, sex, marital status, changes in
marital status, pregnancy, or parenthood;
REPRESENTATIVE STORY asked what community efforts, goodwill, or
cooperation with groups that Ms. Allard has planned.
MS. ALLARD answered that she doesn't know fully what the role of
commissioners will be, as there has been a large turnover.
REPRESENTATIVE STORY asked Ms. Allard to elaborate on the
following: what her plans are for eliminating discrimination
and fostering goodwill and cooperation; what problems she has
identified [regarding human rights in Alaska]; why she wants to
serve on the commission; what she wants to accomplish; and what
she feels passionate about as far as needed changes and needed
protections.
MS. ALLARD responded that a strong team of commissioners serves
on the State Commission for Human Rights; they are all
volunteers; following the law is their assignment. She
maintained that she is disabled and legally deaf; therefore, she
has understanding and sympathy for that group. She stated that
as far as activities in the community, the commissioners would
need to decide that together; they haven't had much opportunity
to come together as a team.
3:28:35 PM
CO-CHAIR FIELDS closed by relaying that Ms. Allard's testimony
directly conflicts with what he has heard from her coworkers.
He expressed his understanding that she was forced to resign,
she requested substantial office equipment and renovations, and
her abrasive personality is why she was not in her [DMVA]
position longer.
3:29:18 PM
CO-CHAIR FIELDS stated that the House Resources Standing
Committee has reviewed the qualifications of the governor's
appointees for the State Commission for Human Rights, the Alaska
Public Offices Commission, the Personnel Board, the State Board
of Parole, and the Alaska Police Standards Council and
recommends that the names be forwarded to a joint session for
consideration. This does not reflect the intent by any of the
members to vote for or against these individuals during any
future sessions for the purpose of confirmation.
3:30:55 PM
The House State Affairs Standing Committee was recessed at 3:30
p.m. [The meeting reconvened March 20, 2020.]
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