Legislature(2001 - 2002)

04/29/2002 02:13 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ 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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