Legislature(2013 - 2014)BUTROVICH 205
02/27/2014 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SJR18 | |
| SB98 | |
| SB182 | |
| SB98 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 98 | TELECONFERENCED | |
| *+ | SB 141 | TELECONFERENCED | |
| *+ | SJR 18 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 182 | ||
SB 98-VPSO FIREARMS
9:11:20 AM
CHAIR DYSON announced that SB 98, version A was before the
committee.
9:11:30 AM
CHAIR DYSON announced that the committee will stand at ease.
9:12:03 AM
CHAIR DYSON called the committee back to order.
9:12:17 AM
DAVID SCOTT, Staff, Senator Olson, Alaska State Legislature,
Juneau, Alaska, said SB 98 is a one page bill and is easy to
understand. He said SB 98 prohibits the Department of Public
Safety (DPS) from not allowing VPSOs to carry firearms. He noted
that since SB 98 and the companion in the other body were
introduced during the last Session, DPS has undergone a process
to write the regulations for allowing the arming of VPSOs.
MR. SCOTT set forth that SB 98's intent is to clearly establish
the Legislature's intent that VPSOs would be allowed to carry
firearms. He said VPSOs would have to meet all satisfactory
training standards. He asserted that SB 98's passage would make
the State's support for arming VPSOs clear and unambiguous. He
called attention to VPSOs killed in the line of duty in
Manokotak and South Naknek. He pointed out that VPSOs often work
without backup and in remote locations. He informed the
committee that VPSO calls to the Alaska State Troopers (AST) for
assistance can mean hours or even days due to weather. He set
forth that Senator Olson, SB 98's sponsor, believes that it is
not reasonable to ask VPSOs to walk unarmed into situations that
pose obvious dangers to their lives and the lives of other
Alaskans. He said it is Senator Olson's hope that arming VSPO
first responders in rural Alaska will have a deterrent effect
that makes the officers and communities safer. He pointed out
that SB 98 will not require VPSOs to be armed. He said the
wishes of individual communities, nonprofits, and the Northwest
Arctic Borough will be respected. He asserted that everyone
should have a thorough understanding of the issues if VPSOs will
be armed in the front lines of public safety, search and rescue,
firefighting, and medical assistance.
9:15:47 AM
He addressed arms training and evaluations. He said Senator
Olson's office has spoken with DPS and specifically Captain
Arlow, who is the head of the VPSO programs and training for
AST. He said the firearms training that VPSOs will receive will
be absolutely identical to the firearms training that AST and
municipal police officers receive. He pointed out that VPSOs
will receive training from the same instructors at the Sitka
Training Academy (STA). He revealed that training will meet the
Alaska Police Standards Council and the Alaska Law Enforcement
training requirement. The training would cover the entirety of
the use of force continuum and it emphasizes avoiding the use of
deadly force. He noted that training terms used in the law
enforcement are "verbal judo" and "de-escalation training;" it
is a technique used to try to defuse situations to avoid the use
of firearms. He said VPSO training would also include intensive
scenario based exercises with the emphasis on judgment and
avoiding the use of deadly force.
He addressed VPSO psychological evaluations and noted that DPS
officials anticipate that the regional nonprofits will agree to
a requirement for full psychological evaluations for carrying
firearms. The VPSO psychological evaluations will be identical
to those administered to AST and municipal police. He noted that
the requirement for the psychological evaluations can be added
to DPS' contracts with the nonprofits and Northwest Arctic
Borough. He revealed that the cost for each evaluation will be
approximately $400 per person. He said additional VPSO
screenings will include medical examinations and full criminal
checks from statewide and FBI resources.
9:18:08 AM
MR. SCOTT disclosed that there have been concerns through the
committee process that VPSO firearms training will not be
thorough and comprehensive. He added that there had been
concerns regarding the psychological evaluation levels for VPSOs
to carry firearms. He asserted that DPS has provided every
assurance that the 600 total hours that current VPSOs train
combined with additional arms training will produce safe and
conscientious officers. He summarized that Senator Olson would
characterize SB 98's fiscal note as modest.
9:19:06 AM
SENATOR GIESSEL addressed the drafted amendment provided to the
committee regarding VPSO regulations, 13 AAC 96.040(b). She
pointed out paragraph (6) regarding the submission of a written
report if a VPSO has to draw his firearm and noted permissive
language that says "may permit" a VPSO to carry a firearm. She
asked if the submitted draft was done by DPS.
MR. SCOTT answered correct. He specified that the draft
regulations that Senator Olson's office asked for.
SENATOR GIESSEL addressed 13 AAC 96.080 regarding "Basic
standards for village public safety officers." She asked to
clarify that 13 AAC 96.080 are adopted regulations that from
what Mr. Scott described will be revisited and probably beefed-
up a bit.
MR. SCOTT replied that DPS can answer Senator Giessel's
question.
CHAIR DYSON stated that in general, government employees and
public safety officers have sovereign immunity that protects
them from lawsuits. He asked if VPSOs would have similar
protection.
9:20:55 AM
SENATOR WIELECHOWSKI joined the committee meeting.
MR. SCOTT addressed the fiscal note and pointed out that
additional liability insurance is included for $500 per VPSO.
CHAIR DYSON asked if the added liability insurance is covered by
the state or regional corporations.
MR. SCOTT replied that to his knowledge the regional
corporations or non-profits that administer the VPSO program
with cover the liability insurance. He deferred to DPS to verify
his assessment.
CHAIR DYSON invited officials from DPS to address the committee.
9:22:34 AM
TERRY VRABEC, Deputy Commissioner, Alaska Department of Public
Safety, Juneau, Alaska.
9:22:43 AM
COLONEL JAMES COCKRELL, Director, Division of Alaska State
Troopers, Alaska Department of Public Safety, Anchorage, Alaska.
MR. VRABEC addressed liability concerns and noted that the added
$500 is for the non-profits' individual VPSOs. He said there is
liability in everything and DPS will take VPSO training very
seriously.
COLONEL COCKRELL asserted that DPS had adequate safeguards in
place to provide the firearms training necessary for VPSOs. He
noted that he had met with various VPSOs plus the nonprofits and
revealed that there seems to be universal support for allowing
the option to arm VPSOs. He said villages are seeing an increase
in assaults, including the VPSOs. He asserted that arming VPSOs
gives communities an option to decide if they want to have armed
VPSOs. He pointed out that arming VPSOs will be up to the
nonprofits and individual communities. He set forth that DPS
supports SB 98 and will ensure that there are protections in
place to assure VPSO and community safety.
9:25:19 AM
SENATOR WIELECHOWSKI noted his support for the concept of the
bill. He explained that his only issue with SB 98 is its
training aspect. He asked if VPSOs are considered state or
nonprofit employees.
MR. VRABEC answered that VPSOs are not state employees. He
pointed that the VPSOs go to STA, but the VPSOs are employees of
their respective nonprofit organization.
SENATOR WIELECHOWSKI asked if VPSOs are indemnified by the state
or native nonprofits for any liability if VPSOs use deadly
force.
MR. VRABEC answered that liability insurance is included in the
fiscal note. He specified that the additional liability
insurance costs are coming up because there obviously is
potential liability that would be borne by the respective
nonprofit corporation. He stated that anytime DPS does any type
of training or programs with a VPSO, police officer, or AST, DPS
ensures that training meets the highest standards that also
protects DPS respectively with some of the liability.
SENATOR WIELECHOWSKI asked if a VPSO can potentially be
criminally prosecuted if the use of force was not justified
under Alaska law and could there be civil responsibility if the
use was not justified.
MR. VRABEC replied that he cannot speak as an attorney, but
anytime any officer takes any action, everyone will be held
accountable and actions must be justified. He remarked that
Senator Wielechowski's inquiry was potentially possible.
9:27:31 AM
SENATOR WIELECHOWSKI asked if VPSOs will be treated differently
from ASTs in terms of criminal prosecution and civil liability.
He inquired if native nonprofits would be liable for the actions
of their VPSO employees.
MR. VRABEC replied that he would not be able to answer Senator
Wielechowski's question. He commented that any use of force
action or the use of deadly force by any department or VPSO is
internally investigated by DPS. He asserted that DPS does a very
good investigative job.
COLONEL COCKRELL added that if DPS had a situation where a VPSO
used deadly force in a village, whether it was justified or
unjustified, AST would be the lead investigative agency and the
only investigative agency. He said a deadly force incident would
be thoroughly investigated and as is done in AST cases,
regardless if DPS felt it was justified or not, it still gets
reviewed by the Department of Law-Office of Special Prosecutions
to determine justification.
SENATOR COGHILL inquired if DPS' expectations on the use of
deadly force would be included in the VSPO training. He asked if
the VPSO trainees and the corporations doing the hiring would be
made aware of the deadly force incident process and possible
liability.
9:30:25 AM
CAPTAIN STEVEN ARLOW, Commander, Village Public Safety Officers
Program, Division of Alaska State Troopers, Alaska Department of
Public Safety, Anchorage, Alaska; answered that firearms
training for VPSOs will be new grounds as far as educating the
nonprofits on the firearm component. He explained that the
current firearms training at the academy covers the use of force
and the associated law issue. He explained that the use of force
is currently investigated through the Alaska Bureau of
Investigations where an incident is treated like a crime scene
until all of the information and evidence is collected. He said
after information and evidence is gathered, the incident is
written up and then reviewed by the Office of Special
Prosecutions. He detailed that the Office of Special
Prosecutions determines independently whether there was a
criminal act involved and justifiability. He opined that the
Special Prosecutions' determination would most likely be shared
with the nonprofits since the nonprofit is the VPSO employer. He
added that if there was any civil litigation to follow, the
nonprofits would have the information provided for use in a
civil case as well. He set forth that VPSOs will be briefed on
things to anticipate with the responsibilities of carrying a
firearm, just like any AST or law enforcement trainee.
9:32:44 AM
CHAIR DYSON addressed Senator Coghill's question and asserted
that the intent was to clarify that the regional corporations
and the nonprofits will understand that some liability will be
incurred if deadly force is used. He set forth that the
committee encourages DPS to make very clear to the corporations
that liability will be incurred.
SENATOR WIELECHOWSKI noted that Captain Arlow did a presentation
in House Finance on the reasons that VPSOs leave the program. He
recalled that approximately 30 percent leave because of
violation of rules or laws.
CAPTAIN ARLOW responded that about half had issues with either
policy violations or personal judgment calls where VPSOs
violated either the law itself or some policy. He noted that
most of the nonprofits have a strict zero tolerance policy for
the use of alcohol in the dry villages, violating the alcohol
policy is grounds for termination. He specified that VPSO
terminations are 25 to 30 percent for policy violations and 20
to 25 percent for criminal activities.
9:34:37 AM
SENATOR WIELECHOWSKI pointed out a concern regarding the
creation of a private police force to enforce the laws of
Alaska. He added that arming VPSOs is essentially giving AST
responsibilities to a private police force. He asserted that
VPSOs do not have the training and background checks. He
referred to the 30 percent VPSO turnover rate because of rule or
law violations. He asked if private police forces were used
anywhere else in the U.S.
MR. VRABEC replied that VPSOs are very specialized and their
academy training is over 600 hours. He pointed out that VPSO
training is more than just law enforcement. He said VPSO
training also includes fire and rescue, medical, and
firefighting. He asserted that nonprofit organizations love
having their VPSOs.
SENATOR WIELECHOWSKI announced that he wanted to be clear that
he has absolutely no disrespect on his part towards VPSOs. He
stated that his intent is to see the best possible trained
officers that the state can get into the villages. He asked what
the pay was for VPSO versus AST.
9:36:34 AM
MR. VRABEC replied that he does not have exact numbers, but
conceded that there is a difference and AST officers are paid
more. He pointed out that AST is a different job at a different
capacity. He noted that the Legislature recently raised VPSO
salaries. He stated that the VPSO position is a great job and
some do very well with it. He reiterated that VPSO training is
extensive and the 600-plus hour academy is well over the Alaska
Police Standards minimum of 400-plus hours. He added that
firearms will increase the VPSO training hours.
SENATOR COGHILL said part of the question that Senator
Wielechowski was getting to is the corporations are doing the
hiring and that is a private entity, but corporations are
community based entities as well, something that is unique to
Alaska. He queried what would happen if a community does not
support a corporation and noted that a corporation is different
from a municipality under Alaska Statutes-Title 29. He noted
that the State partners with the corporations and questioned
whether the VPSO program is a private police force.
9:39:32 AM
MR. VRABEC answered that VPSOs are considered peace officers in
the state and do have law enforcement authority. He set forth
that VPSOs are employees of the nonprofits. He said in addition
to training, DPS assists with the backgrounds and screening of
VPSO candidates. He concurred that the VPSO program is very
unique to Alaska with the state's rural areas.
CHAIR DYSON remarked that most of the villages he had worked
with in Western Alaska had problems with bears in local dumps.
He asked what is done about VPSOs having to protect people or
run bears out of the dump. He asked if VPSOs are allowed to have
a shot gun.
CAPTAIN ARLOW answered yes. He noted that current VPSO training
includes proper shotgun use for the problems Chair Dyson
described. He revealed that VPSOs already have the authority to
use a shotgun as well as using a firearm in emergency
situations. He said allowing VPSOs to carry a firearm is
actually introducing another tool to do the job. He said the
VPSO liability already exists for batons or other instruments
needed for VPSOs to protect themselves.
CHAIR DYSON asked if anyone in the committee room or online that
wants to speak against SB 98.
9:41:52 AM
CHAIR DYSON announced that the committee will stand at ease.
9:41:59 AM
CHAIR DYSON announced that SB 98 will be held in committee. He
noted that Senator Wielechowski has an amendment to introduce at
the next hearing. He noted that the bill will probably move out
of committee and apologized to the people that wanted to
testify. He said the bill will probably not require added
testimony and asked supporters to provide written testimony.
10:25:38 AM
CHAIR DYSON said Senator Olson would like to speak to Senator
Wielechowski's amendment and cannot attend the committee
meeting. He announced that SB 98 will be held in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 98.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Sponsor Statement.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 - TCC support.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Supporting Document Coons.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Supporting Document Kamai.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Supporting Document Letter Robert Claus.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Supporting Document McCarthy Letter.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Supporting Document Wasserman.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Supporting Document Letters.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Informational Meeting Summary 9 26 2013.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Information Hearing Supporting Documents 2.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 DPS Draft Revised VPSO Regs.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Hiring Regs 13 AAC 96 080.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Supporting Document ADN Article.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Supporting Document ADN Editor Letter.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 98 Supporting Document Alaska Dispatch.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 98 |
| SB 141 Sponsor Statement.pdf |
SSTA 2/27/2014 9:00:00 AM |
SB 141 |
| SB141- Legislation - National Guard License Registration.pdf |
SSTA 2/27/2014 9:00:00 AM SSTA 3/4/2014 9:00:00 AM |
SB 141 |
| SB 141 - Supporting - AK National Guard Benefits Summary.pdf |
SSTA 2/27/2014 9:00:00 AM SSTA 3/4/2014 9:00:00 AM |
SB 141 |
| SB 141 - Supporting - Legislative Research Report.pdf |
SSTA 2/27/2014 9:00:00 AM SSTA 3/4/2014 9:00:00 AM |
SB 141 |
| SB 182 - Sponsor Statement.pdf |
SSTA 2/25/2014 9:00:00 AM SSTA 2/27/2014 9:00:00 AM SSTA 3/4/2014 9:00:00 AM |
SB 182 |
| SB 182 - Legislation.pdf |
SSTA 2/25/2014 9:00:00 AM SSTA 2/27/2014 9:00:00 AM SSTA 3/4/2014 9:00:00 AM |
SB 182 |
| SB 182 - Section Analysis.pdf |
SSTA 2/25/2014 9:00:00 AM SSTA 2/27/2014 9:00:00 AM SSTA 3/4/2014 9:00:00 AM |
SB 182 |
| SB182-DOT-AMHS-MVO-2-25-14.pdf |
SSTA 2/25/2014 9:00:00 AM SSTA 2/27/2014 9:00:00 AM SSTA 3/4/2014 9:00:00 AM |
SB 182 |
| Alaska GDS 2008 Final.pdf |
SSTA 2/27/2014 9:00:00 AM SSTA 3/4/2014 9:00:00 AM |
SB 182 |
| SB 182 - Support Documents - Talking Points.pdf |
SSTA 2/25/2014 9:00:00 AM SSTA 2/27/2014 9:00:00 AM SSTA 3/4/2014 9:00:00 AM |
SB 182 |
| SB 182 - Support Document - 2011 CBA.pdf |
SSTA 2/25/2014 9:00:00 AM SSTA 2/27/2014 9:00:00 AM SSTA 3/4/2014 9:00:00 AM |
SB 182 |
| SJR 18 - Legislation.pdf |
SSTA 2/27/2014 9:00:00 AM SSTA 3/11/2014 9:00:00 AM |
SJR 18 |
| SJR 18 - Sponsor Statement.pdf |
SSTA 2/27/2014 9:00:00 AM SSTA 3/11/2014 9:00:00 AM |
SJR 18 |
| SJR 18 - Supporting Documents - Details of the Case for Convention of the States.pdf |
SSTA 2/27/2014 9:00:00 AM SSTA 3/11/2014 9:00:00 AM |
SJR 18 |
| SJR 18 - Supporting Documents - List of States with Current COS Movement Resolutions.pdf |
SSTA 2/27/2014 9:00:00 AM SSTA 3/11/2014 9:00:00 AM |
SJR 18 |
| SJR 18 - Supporting Documents - State Application and Convention Process Step by Step.pdf |
SSTA 2/27/2014 9:00:00 AM SSTA 3/11/2014 9:00:00 AM |
SJR 18 |
| SJR 18 - Supporting Documents - Timeline of State Article V Applications.pdf |
SSTA 2/27/2014 9:00:00 AM SSTA 3/11/2014 9:00:00 AM |
SJR 18 |
| SJR 18 - Supporting Documents - What Types of Amendements Possible Under Proposed Topic.pdf |
SSTA 2/27/2014 9:00:00 AM SSTA 3/11/2014 9:00:00 AM |
SJR 18 |