Legislature(2009 - 2010)CAPITOL 106

02/17/2009 08:00 AM House STATE AFFAIRS


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08:10:22 AM Start
08:11:00 AM Confirmation Hearing(s)|| Commissioner, Department of Public Safety
09:00:26 AM State Commission for Human Rights
09:05:35 AM Board of Parole
09:15:02 AM Alaska Public Offices Commission
09:22:55 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
Commissioner, Dept. of Public Safety;
State Commission for Human Rights;
Board of Parole; Alaska Public Offices
Commission (APOC)
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 17, 2009                                                                                        
                           8:10 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bob Lynn, Chair                                                                                                  
Representative Paul Seaton, Vice Chair                                                                                          
Representative Carl Gatto                                                                                                       
Representative Peggy Wilson                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Pete Petersen                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Craig Johnson                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Commissioner, Department of Public Safety                                                                                     
                                                                                                                                
     Joseph A. Masters - Anchorage, Alaska                                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
State Commission for Human Rights                                                                                             
                                                                                                                                
     Faith Marie Peters - Tanana, Alaska                                                                                        
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Parole                                                                                                               
                                                                                                                                
     Lonzo Henderson - Anchorage, Alaska                                                                                        
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Public Offices Commission (APOC)                                                                                       
                                                                                                                                
     Kathleen "Kate" Ballenger - Kodiak, Alaska                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOSEPH MASTERS, Commissioner                                                                                                    
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified as appointed  commissioner of the                                                             
Department of Public Safety.                                                                                                    
                                                                                                                                
FAITH MARIE PETERS, Appointee                                                                                                   
to the State Commission for Human Rights                                                                                        
Tanana, Alaska                                                                                                                  
POSITION  STATEMENT:    Testified   as  appointee  to  the  State                                                             
Commission for Human Rights.                                                                                                    
                                                                                                                                
LONZO HENDERSON, Appointee                                                                                                      
to the Board of Parole                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  as appointee  to  the Board  of                                                             
Parole.                                                                                                                         
                                                                                                                                
KATHLEEN "KATE" BALLENGER, Appointee                                                                                            
to the Alaska Public Offices Commission (APOC)                                                                                  
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as  appointee to the Alaska Public                                                             
Offices Commission (APOC).                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:10:22 AM                                                                                                                    
                                                                                                                                
CHAIR BOB LYNN called the  House State Affairs Standing Committee                                                             
meeting to  order at  8:10 a.m.   Representatives  Seaton, Gatto,                                                               
Wilson, Gruenberg,  Petersen, and Lynn  were present at  the call                                                               
to order.                                                                                                                       
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
^Commissioner, Department of Public Safety                                                                                    
                                                                                                                                
8:11:00 AM                                                                                                                    
                                                                                                                                
CHAIR   LYNN  announced   the  first   order  of   business,  the                                                               
confirmation  hearing on the  appointment of Joseph A. Masters as                                                               
commissioner of the Department of Public Safety.                                                                                
                                                                                                                                
8:11:34 AM                                                                                                                    
                                                                                                                                
JOSEPH MASTERS, Commissioner, Department  of Public Safety (DPS),                                                               
reviewed his  work history  [as shown on  his resume  included in                                                               
the  committee packet]  and said  his diverse  assignments within                                                               
the department have given him a  broad background and a good view                                                               
of law enforcement throughout the state.                                                                                        
                                                                                                                                
8:15:40 AM                                                                                                                    
                                                                                                                                
COMMISSIONER MASTERS, in  response to Chair Lynn,  said he thinks                                                               
one of  the biggest  problems faced by  DPS is  providing quality                                                               
service.  He indicated that in  the past, the department has been                                                               
plagued with  a number of  vacancies, which  did not allow  it to                                                               
fully provide service.  Furthermore,  the department did not, and                                                               
still  does not,  have the  technology necessary  to provide  the                                                               
communications  and  information  records  management  needed  in                                                               
order to  be fully  effective.   The short-term,  first objective                                                               
will be to  fill all the department's positions, he  said.  Other                                                               
foci  will   be  on  highway   safety,  Internet   crimes,  child                                                               
pornography, and white collar crime.   Crimes occurring in Alaska                                                               
would  not  require  the  department   to  interface  with  other                                                               
agencies;  however,  there  are  a  number  of  crimes  happening                                                               
elsewhere,  and the  department  would work  with the  applicable                                                               
federal or state agencies.                                                                                                      
                                                                                                                                
8:21:34 AM                                                                                                                    
                                                                                                                                
COMMISSIONER MASTERS, in response  to Representative Seaton, said                                                               
that  in addition  to the  Alaska  State Troopers  - the  primary                                                               
public safety officers  in rural Alaska - there  are also Village                                                               
Public Safety  Officers (VPSOs), Village Police  Officers (VPOs),                                                               
and  Tribal Police  Officers (TPOs),  and all  of those  entities                                                               
need   to  be   considered  when   making  improvements   to  the                                                               
department.  One  improvement is to provide  further training for                                                               
the VPSOs, VPOs, and TPOs.   Another method for improvement is to                                                               
make  use of  federal funding  through grants  and other  formula                                                               
funding.  Regarding filling positions  in rural Alaska with those                                                               
who  want  to  live  there,  Commissioner  Masters  said  in  law                                                               
enforcement, there is certain training  that is best done face to                                                               
face,  but ongoing  training and  certification  programs can  be                                                               
available on  line.   Police certified  trainers can  utilize the                                                               
distance learning  system already  in place  to offer  courses to                                                               
rural law enforcement.                                                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON related  that the  Kachemak Bay  branch of                                                               
the University  of Alaska has  put together an  entire curriculum                                                               
now  going  before the  board  of  regents  for adoption  into  a                                                               
program, and  he suggested  that that  may be  useful information                                                               
for the Department of Public Safety.                                                                                            
                                                                                                                                
8:27:14 AM                                                                                                                    
                                                                                                                                
COMMISSIONER MASTERS, in  response to a series  of questions from                                                               
Representative Gruenberg,  said he:   has filled out  a financial                                                               
disclosure form  that is on  file with the Alaska  Public Offices                                                               
Commission (APOC)  and is in the  process of filling out  one for                                                               
this year;  has no financial  or personal relationships  with any                                                               
department  employee, cabinet-level  officers,  the governor,  or                                                               
vendors; has  not failed to  disclose anything to  the committee;                                                               
has  no expectation  of  future employment  with  anyone; has  no                                                               
plans  to  leave  service  as  commissioner  during  the  present                                                               
administration's  term; has  nothing in  his personal  philosophy                                                               
that would affect  his performance as commissioner;  and knows of                                                               
no  ethical or  philosophical  hindrance to  his confirmation  as                                                               
commissioner.                                                                                                                   
                                                                                                                                
8:32:30 AM                                                                                                                    
                                                                                                                                
COMMISSIONER MASTERS, in response  to Representative Wilson, said                                                               
the department needs  to consider a long-range plan  for the VPSO                                                               
program,  including  what the  primary  function  of the  program                                                               
should be.   The  conditions of rural  Alaska have  changed since                                                               
the inception  of the program in  the late '70s.   He stated that                                                               
he does not believe VPSOs should  be armed as long as the program                                                               
is contracted through non-profit  organizations; however, if that                                                               
changes, the issue "should and could be looked at."                                                                             
                                                                                                                                
8:33:58 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  MASTERS,  in   response  to  Representative  Gatto,                                                               
clarified the  difference between  VPOs and VPSOs,  and confirmed                                                               
that all citizens can make an  arrest.  He also confirmed that in                                                               
a domestic violence  situation, a VPSO has full authority.   To a                                                               
question regarding  [President Barack Obama's]  stimulus package,                                                               
he  said the  department is  currently discussing  how the  money                                                               
could be spent  without creating a situation  wherein there would                                                               
have to be  cutbacks once the money  is gone, or at  least how to                                                               
prepare for  that possibility.   He  suggested that  the stimulus                                                               
money  could  be  used  on  both state  and  local  levels.    He                                                               
suggested some  uses may include personnel,  equipment, training,                                                               
and   coordination  and   collaboration   with  other   agencies.                                                               
Regarding  methamphetamines,   Commissioner  Masters   said  much                                                               
attention  has been  given to  reacting to  the problem,  and the                                                               
resources the department  has tend to keep it that  way.  He said                                                               
there are  programs that  probably would  be more  effective than                                                               
law  enforcement  in  the  area  of  prevention,  treatment,  and                                                               
education, although  he said one  area he thinks  law enforcement                                                               
can get involved with more is in  the area of education.  He said                                                               
there are  several existing programs  that have been  utilized in                                                               
schools, the  effectiveness of which  are debatable;  however, he                                                               
said he thinks  the programs can be effective  when introduced to                                                               
younger children.                                                                                                               
                                                                                                                                
COMMISSIONER MASTERS, asked whether or  not the state is "turning                                                               
the tide"  when it comes  to drug use, Commissioner  Masters said                                                               
it  is difficult  to measure  crimes that  are prevented,  and he                                                               
said it  will take continual  evaluation to determine  whether or                                                               
not  state  money  is  being  spent  in  the  best  manner.    He                                                               
emphasized the  importance of continuing  to put  state resources                                                               
toward  attempting the  end of  drug  use and  the prevention  of                                                               
crimes  that  are caused  by  the  use  and  abuse of  drugs  and                                                               
alcohol.                                                                                                                        
                                                                                                                                
8:41:23 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN talked about massive  cultural changes that have taken                                                               
place over the decades.                                                                                                         
                                                                                                                                
8:43:12 AM                                                                                                                    
                                                                                                                                
COMMISSIONER   MASTERS,   in   response  to   a   question   from                                                               
Representative  Seaton,  said  he  has  worked  with  the  "brown                                                               
shirts" - the Alaska Wildlife Troopers  - and the "blue shirts" -                                                               
the Division of State Troopers  - both when the entities operated                                                               
as one  and when they  were separated,  and he stated  his belief                                                               
that the current system of  operating those systems separately is                                                               
the better  choice.  He  offered further details.   Regarding the                                                               
public's trust that officers are  held to a reliable standard, he                                                               
said he agrees that there is  a level of trepidation in regard to                                                               
knowing  whether or  not  a  complaint will  be  made against  an                                                               
officer and whether  that complaint will be swept under  rug.  He                                                               
relayed that  he cannot say  that he would be  comfortable laying                                                               
out all complaints  publicly, because he has  concerns that there                                                               
would be  abuses of the  system.  He  said there certainly  are a                                                               
number of  complaints that  are valid and  need to  be addressed,                                                               
and he  said he  wants to assure  complainants that  something is                                                               
being  done, even  though  they  may not  be  told  what that  is                                                               
specifically.   He  said  when a  member of  the  public files  a                                                               
complaint and hears  nothing after that, "that's a big  gap."  In                                                               
response  to Chair  Lynn,  he said  the  department is  currently                                                               
looking  for a  balance  regarding  this issue.    Not all  cases                                                               
involve the union, he noted.                                                                                                    
                                                                                                                                
8:52:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  said  he  would  appreciate  Commissioner                                                               
Masters' continued address of the issue.                                                                                        
                                                                                                                                
CHAIR LYNN remarked  that when one member of an  entity gets into                                                               
trouble, it "tars and feathers" the entire entity.                                                                              
                                                                                                                                
8:55:37 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  MASTERS, in  response to  Representative Gruenberg,                                                               
said he does  not know of any written policy  in place to address                                                               
allegations of  conflict of interest  and potential  pressure put                                                               
on cabinet  officials by the  governor and his/her staff,  but he                                                               
said there has been no pressure  on him.  In further response, he                                                               
said  currently there  is  no legislation  being  planned by  the                                                               
department to put before the legislature.                                                                                       
                                                                                                                                
8:58:05 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  MASTERS, in  response  to Representative  Petersen,                                                               
said the  department has a number  of issues to address  in order                                                               
to  ensure  response to  crime.    The  most critical  issue,  he                                                               
related, is  for the department to  fill all its positions.   The                                                               
next concern is to ensure that  the troopers out in the field are                                                               
doing work  that is  law enforcement  related, not  other duties.                                                               
He offered examples.  Furthermore,  the department is continually                                                               
looking to expand  its line of first responders,  which right now                                                               
are the VPSOs.                                                                                                                  
                                                                                                                                
8:59:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to  advance  the  confirmation  of                                                               
Joseph A. Masters  to the joint session of the  House and Senate;                                                               
he requested  unanimous consent.   There being no  objection, the                                                               
nomination  of   Joseph  A.  Masters   as  commissioner   of  the                                                               
Department of Public Safety was advanced.                                                                                       
                                                                                                                                
^State Commission for Human Rights                                                                                            
                                                                                                                                
9:00:26 AM                                                                                                                    
                                                                                                                                
CHAIR   LYNN  announced   the  next   order   of  business,   the                                                               
confirmation hearing on the appointment  of Faith Marie Peters to                                                               
the State Commission for Human Rights.                                                                                          
                                                                                                                                
9:00:33 AM                                                                                                                    
                                                                                                                                
FAITH MARIE PETERS,  Appointee to the State  Commission for Human                                                               
Rights, shared  her background with  the committee, [as  shown on                                                               
her resume included in the committee  packet].  She said it would                                                               
be an honor to be appointed to the commission.                                                                                  
                                                                                                                                
9:02:19 AM                                                                                                                    
                                                                                                                                
MS.  PETERS,   in  response  to   a  line  of   questioning  from                                                               
Representative  Gruenberg,  described  herself as  honest,  fair,                                                               
open to  questions and giving  advise, and considerate  of "every                                                               
aspect of everyone."  She said  neither she nor any member of her                                                               
family  has had  experience as  a  litigant, witness,  or in  any                                                               
other capacity,  with respect to  the State Commission  for Human                                                               
Rights.   She  said  she  choose to  volunteer  to  serve on  the                                                               
commission after being asked to  do so, and following advise from                                                               
her supervisor.                                                                                                                 
                                                                                                                                
9:04:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved to advance  the confirmation of Faith                                                               
Marie Peters  to the joint  session of  the House and  Senate; he                                                               
requested  unanimous  consent.   There  being  no objection,  the                                                               
nomination  of Faith  Marie Peters  to the  State Commission  for                                                               
Human Rights was advanced.                                                                                                      
                                                                                                                                
^Board of Parole                                                                                                              
                                                                                                                                
9:05:35 AM                                                                                                                    
                                                                                                                                
CHAIR   LYNN  announced   the  next   order   of  business,   the                                                               
confirmation  hearing on  the appointment  of Lonzo  Henderson to                                                               
the Board of Parole.                                                                                                            
                                                                                                                                
9:05:56 AM                                                                                                                    
                                                                                                                                
LONZO HENDERSON, Appointee to the  Board of Parole, discussed his                                                               
background, [as  shown on  his resume  included in  the committee                                                               
packet].                                                                                                                        
                                                                                                                                
MR.  HENDERSON, in  response  to  Chair Lynn,  said  as a  parole                                                               
officer,  he made  the best,  informed  decisions possible  about                                                               
allowing someone  parole, but sometimes that  person would commit                                                               
a crime after being granted parole.                                                                                             
                                                                                                                                
9:11:48 AM                                                                                                                    
                                                                                                                                
MR.  HENDERSON, in  response to  a  question from  Representative                                                               
Seaton  regarding recidivism,  said when  considering whether  to                                                               
grant  someone  parole,  the person's  background  -  social  and                                                               
criminal -  is considered,  and if  the person  has a  history of                                                               
substance  abuse,  conditions  are  set to  address  that.    For                                                               
example,  if the  person  is taking  classes  to control  his/her                                                               
substance abuse, those  classes will be part of  the condition of                                                               
parole.   If the classes, for  example, are not available  in the                                                               
community  to which  the  person would  be  paroled, then  he/she                                                               
would  be  released  to  another  area  in  which  the  class  is                                                               
available,  and  would  not  be  sent home  until  the  class  or                                                               
treatment was completed.                                                                                                        
                                                                                                                                
9:14:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved to advance  the confirmation of Lonzo                                                               
Henderson  to the  joint  session  of the  House  and Senate;  he                                                               
requested  unanimous  consent.   There  being  no objection,  the                                                               
nomination  of  Lonzo  Henderson  to  the  Board  of  Parole  was                                                               
advanced.                                                                                                                       
                                                                                                                                
^Alaska Public Offices Commission                                                                                             
                                                                                                                                
9:15:02 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN announced  that he  last  order of  business was  the                                                               
confirmation  hearing  on  the  appointment  of  Kathleen  "Kate"                                                               
Ballenger to the Alaska Public Offices Commission (APOC).                                                                       
                                                                                                                                
9:15:18 AM                                                                                                                    
                                                                                                                                
KATHLEEN  "KATE"  BALLENGER,  Appointee   to  the  Alaska  Public                                                               
Offices   Commission   (APOC),   offered   her   background   and                                                               
experience,  [which  is listed  on  her  resume included  in  the                                                               
committee packet].   She said she is concerned  about the ethics,                                                               
honesty, and integrity  of Alaska's elected officials.   She said                                                               
she has  enjoyed working with  APOC and hopes the  committee will                                                               
vote to  forward her  confirmation so that  she can  continue her                                                               
work with the commission.                                                                                                       
                                                                                                                                
9:19:01 AM                                                                                                                    
                                                                                                                                
MS.  BALLENGER, in  response to  a  question from  Representative                                                               
Gatto  regarding feedback  for those  who have  filed with  APOC,                                                               
said  she is  not familiar  with  all the  documentation that  is                                                               
handled through  the Anchorage  and/or Juneau  APOC office.   She                                                               
spoke  of a  project currently  in progress  that will  allow all                                                               
those required to  file financial disclosure statements  to do so                                                               
via  the  Internet.   She  offered  her understanding  that  that                                                               
system will be  in place for lobbyists by April  and for everyone                                                               
else by the end of the year.                                                                                                    
                                                                                                                                
9:20:44 AM                                                                                                                    
                                                                                                                                
MS. BALLENGER, in response to  Representative Gruenberg, said she                                                               
has been with APOC since her appointment the end of May 2008.                                                                   
                                                                                                                                
CHAIR LYNN emphasized the importance of APOC to Alaskans.                                                                       
                                                                                                                                
9:21:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to  advance  the  confirmation  of                                                               
Kathleen "Kate" Ballenger  to the joint session of  the House and                                                               
Senate;  he   requested  unanimous  consent.     There  being  no                                                               
objection,  the nomination  of Kathleen  "Kate" Ballenger  to the                                                               
Alaska Public Offices Commission was advanced.                                                                                  
                                                                                                                                
9:22:16 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN discussed the upcoming committee calendar.                                                                           
                                                                                                                                
9:22:55 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee  meeting was adjourned  at 9:23                                                               
a.m.                                                                                                                            

Document Name Date/Time Subjects
Joseph A. Masters - Commissioner Department of Public Safety.pdf HSTA 2/17/2009 8:00:00 AM
Faith Peters - State Commission Human Rights.pdf HSTA 2/17/2009 8:00:00 AM
Lonzo Henderson - Board of Parole.pdf HSTA 2/17/2009 8:00:00 AM
Kathleen Ballenger - APOC.pdf HSTA 2/17/2009 8:00:00 AM