Legislature(2011 - 2012)CAPITOL 106

02/24/2011 08:00 AM House STATE AFFAIRS


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08:04:20 AM Start
08:04:53 AM Department of Administration, Commissioner
08:47:49 AM Board of Parole|| Alaska Police Standards Council|| Alaska Public Offices Commission
09:51:45 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
Becky Hultberg, Commissioner, Dept. of
Administration; State Commission for Human
Rights; Board of Parole; Alaska Police Standards
Council; Alaska Public Offices Commission
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 24, 2011                                                                                        
                           8:04 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bob Lynn, Chair                                                                                                  
Representative Wes Keller, Vice Chair                                                                                           
Representative Paul Seaton                                                                                                      
Representative Peggy Wilson                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Pete Petersen                                                                                                    
Representative Kyle Johansen                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Department of Administration, Commissioner                                                                                    
                                                                                                                                
     Becky Hultberg - Anchorage                                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Board of Parole                                                                                                               
                                                                                                                                
     Daniel Morris - Soldotna                                                                                                   
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Police Standards Council                                                                                               
                                                                                                                                
     Kelly Alzaharna - Barrow                                                                                                   
     Richard L. Burton - Ketchikan                                                                                              
     Rebecca Hamon - King Salmon                                                                                                
     Mark T. Mew - Eagle River                                                                                                  
     Bernice "Berni" Troglio - Anchorage                                                                                        
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Public Offices Commission                                                                                              
                                                                                                                                
     Kenneth Kirk - Anchorage                                                                                                   
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
State Commission for Human Rights                                                                                             
                                                                                                                                
     Jerrad Hutchings                                                                                                           
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BECKY HULTBERG, Acting Commissioner                                                                                             
Department of Administration                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Spoke as a commissioner appointee to the                                                                 
Department of Administration.                                                                                                   
                                                                                                                                
DANIEL MORRIS, Appointee                                                                                                        
Board of Parole                                                                                                                 
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified as appointee to the Board of                                                                   
Parole.                                                                                                                         
                                                                                                                                
KELLY ALZAHARNA, Appointee                                                                                                      
Alaska Police Standards Council                                                                                                 
Barrow, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as appointee to the Alaska Police                                                              
Standards Council.                                                                                                              
                                                                                                                                
RICHARD L. BURTON                                                                                                               
Appointee                                                                                                                       
Alaska Police Standards Council                                                                                                 
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Had his testimony as appointee to the                                                                    
Alaska Police Standards Council presented by Terry Vrabec,                                                                      
Director, Alaska Police Standards Council.                                                                                      
                                                                                                                                
TERRY VRABEC, Director                                                                                                          
Alaska Police Standards Council                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered questions  related to  the Alaska                                                             
Police  Standards Council  during  the  confirmation hearing  for                                                               
appointees to the council.                                                                                                      
                                                                                                                                
REBECCA HAMON, Appointee                                                                                                        
Alaska Police Standards Council                                                                                                 
King Salmon, Alaska                                                                                                             
POSITION STATEMENT:  Testified as  appointee to the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
MARK T. MEW, Appointee                                                                                                          
Alaska Police Standards Council                                                                                                 
Eagle River                                                                                                                     
POSITION STATEMENT:  Testified as  appointee to the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
BERNICE "BERNI" TROGLIO, Appointee                                                                                              
Alaska Police Standards Council                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as  appointee to the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
KENNETH KIRK, Appointee                                                                                                         
Alaska Public Offices Commission                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as  appointee to the Alaska Public                                                             
Offices Commission.                                                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:04:20 AM                                                                                                                    
                                                                                                                                
CHAIR BOB LYNN called the  House State Affairs Standing Committee                                                             
meeting to  order at 8:04  a.m.  Representatives  Keller, Seaton,                                                               
Petersen,  and   Lynn  were  present   at  the  call   to  order.                                                               
Representatives Wilson,  Johansen, and  Gruenberg arrived  as the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^CONFIRMATION HEARING(S):...                                                                                                    
                  CONFIRMATION HEARING(S):...                                                                               
                                                                                                                                
^Department of Administration, Commissioner                                                                                     
                                                                                                                                
8:04:53 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that  the first order  of business  was the                                                               
confirmation  of Becky  Hultberg, commissioner  appointee to  the                                                               
Department of Administration.                                                                                                   
                                                                                                                                
8:05:58 AM                                                                                                                    
                                                                                                                                
BECKY    HULTBERG,    Acting    Commissioner,    Department    of                                                               
Administration,  informed  the  committee  that she  grew  up  in                                                               
Alaska, went  to college  out of state,  and returned  to Alaska.                                                               
She said she  is deeply invested in  the state.  She  said she is                                                               
no  stranger  to  state  government,   having  served  under  the                                                               
administration  of Governor  Frank Murkowski.   She  related that                                                               
her  work experience  has afforded  her the  opportunity to  gain                                                               
management  experience  in  an  environment  that  supported  its                                                               
leaders, and  she said this  experience should serve her  well as                                                               
commissioner.                                                                                                                   
                                                                                                                                
8:08:30 AM                                                                                                                    
                                                                                                                                
MS. HULTBERG talked about leading  from the heart and adhering to                                                               
values.    She  said  she values  respect,  justice,  compassion,                                                               
transparency, and  integrity.  She  emphasized the  importance of                                                               
setting high standards.   She said she believes  in maintaining a                                                               
balance between time  at work and away from  work, and encourages                                                               
others to  do the same.   She posited that if  people enjoy their                                                               
work, they are  better at it.  Ms. Hultberg  said she believes in                                                               
collaborative  effort at  work and  said  the best  ideas do  not                                                               
always come from management.  She  stated that part of her job is                                                               
to  take  down  barriers  so   that  others  can  do  their  jobs                                                               
effectively.                                                                                                                    
                                                                                                                                
8:10:09 AM                                                                                                                    
                                                                                                                                
MS. HULTBERG said  her goal is to leave the  department in better                                                               
condition than that  in which she found it.   She relayed another                                                               
goal is to focus on efficiency  and productivity - to find better                                                               
value  for the  dollars  spent in  the  department and  encourage                                                               
people to change the way they  do things in order to improve work                                                               
flow.   She emphasized the  importance of providing  better value                                                               
through  Enterprise  Technology   Services  (ETS),  making  sound                                                               
information  technology   (IT)  investments  on  behalf   of  all                                                               
departments, and  refining the personnel processes  and the human                                                               
resources function.                                                                                                             
                                                                                                                                
8:14:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   JOHANSEN  asked   which   issues  Ms.   Hultberg                                                               
considers as her biggest challenges.                                                                                            
                                                                                                                                
8:16:02 AM                                                                                                                    
                                                                                                                                
MS.  HULTBERG  answered  that  ETS  will be  a  challenge.    She                                                               
explained that in  the support function there  is tension between                                                               
centralization,  which   is  demonstrated  to  save   money,  and                                                               
decentralization, which  is demonstrated  to serve  the customer.                                                               
She related that there are  15 separate IT departments, which are                                                               
not as collaborative  as could be.  Further, she  stated that the                                                               
state's unfunded  liability is an  ongoing challenge,  which will                                                               
affect the number  of things that can be funded.   In response to                                                               
a follow-up  question, she  said her philosophy  is to  hire good                                                               
people she trusts, and then let  them do their jobs; however, she                                                               
said she will  be very involved in labor negotiations.   She said                                                               
there is  a negotiating team in  place currently, but as  she has                                                               
been in  this position for only  two months, she is  still in the                                                               
process of developing those relationships.                                                                                      
                                                                                                                                
8:21:29 AM                                                                                                                    
                                                                                                                                
MS. HULTBERG,  in response to  another question, said she  is not                                                               
aware of a  steady increase in lease costs, except  as it relates                                                               
to what  is happening  in the current  market; however,  she said                                                               
she would  check into that.   To another question related  to the                                                               
fees collected by the Division  of Motor Vehicles (DMV), she said                                                               
although she  is not philosophically  opposed to profit,  she can                                                               
understand  that from  the standpoint  of  state government  that                                                               
issue might  be a concern.   She  expressed concern that  if that                                                               
revenue  was replaced  with general  fund monies,  then that  may                                                               
result in a  reduction of services or staff somewhere  else.  She                                                               
said she would  need to study the matter more  closely to comment                                                               
further.                                                                                                                        
                                                                                                                                
8:24:02 AM                                                                                                                    
                                                                                                                                
MS. HULTBERG, in  response to Chair Lynn, said  the actual budget                                                               
process was  well underway when  she took her  position; however,                                                               
the governor  has asked the  department to focus on  the unfunded                                                               
liability because  of the burden it  may put on the  state in the                                                               
future.    She  talked  about the  balance  between  meeting  the                                                               
constitutional  obligation to  retirees, while  not overburdening                                                               
the state so that it must reduce services elsewhere.                                                                            
                                                                                                                                
8:25:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  expressed appreciation for  Ms. Hultberg's                                                               
attention to ETS and emphasized the need for standards.                                                                         
                                                                                                                                
8:27:04 AM                                                                                                                    
                                                                                                                                
MS. HULTBERG, in response to  Representative Seaton, talked about                                                               
plans  to hear  feedback  and make  improvements regarding  human                                                               
resources.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON expressed  his  wish  that the  department                                                               
will consider the  issue of interagency receipts and  the cost of                                                               
centralized services.   He then asked if the  department would be                                                               
proposing any legislation to address the unfunded liability.                                                                    
                                                                                                                                
8:32:09 AM                                                                                                                    
                                                                                                                                
MS. HULTBERG responded  that there is no  specific legislation to                                                               
be brought forth  from the department at this time,  but many are                                                               
involved  in seeking  answers.   In response  to a  question, she                                                               
said EST  addresses issues  having to  do with  wires, computers,                                                               
and telecommunications.                                                                                                         
                                                                                                                                
8:34:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON    expressed   concern    regarding   the                                                               
inefficiency of  transmitting information  across the  state when                                                               
not everyone uses the same system.                                                                                              
                                                                                                                                
8:37:00 AM                                                                                                                    
                                                                                                                                
MS.  HULTBERG   responded  that   connection  to   broadband  and                                                               
communication   between  offices   are  important   issues  being                                                               
addressed by the department.   In response to a follow-up remark,                                                               
she reemphasized  the importance of identifying  work flow, which                                                               
she  said has  not always  been done  in the  past.   She offered                                                               
further details.                                                                                                                
                                                                                                                                
8:39:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  noted that  the department  is rewriting                                                               
policy for  the Alaska Public  Offices Commission (APOC),  and he                                                               
said he will be  introducing a bill related to APOC.   He said he                                                               
wants people  to know where the  money is being spent  as quickly                                                               
as  possible.   He also  expressed concern  about APOC's  lack of                                                               
enforcement ability.                                                                                                            
                                                                                                                                
8:41:13 AM                                                                                                                    
                                                                                                                                
MS. HULTBERG related  that the relationship with  APOC is unusual                                                               
because it is  an independent body housed  within the department.                                                               
She  indicated  that APOC  has  begun  a regulations  project  to                                                               
provide the public the opportunity  to understand the regulations                                                               
and provide  feedback.  Regarding  the issue of whether  APOC has                                                               
"teeth"  in regulating,  she said  she  would need  more time  to                                                               
study that matter.                                                                                                              
                                                                                                                                
8:42:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  echoed Representative Johansen's stated                                                               
concern about the need for there  to be consequences to those who                                                               
do not adhere to APOC's regulations.                                                                                            
                                                                                                                                
8:43:24 AM                                                                                                                    
                                                                                                                                
MS.  HULTBERG, in  closing,  said  she is  honored  to have  been                                                               
appointed  as commissioner  and takes  the role  seriously.   She                                                               
invited the legislature's continued feedback.                                                                                   
                                                                                                                                
8:44:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER moved to advance  the confirmation of Becky                                                               
Hultberg,  appointee   as  commissioner  of  the   Department  of                                                               
Administration, to  the joint session  for consideration.   There                                                               
being no objection, the confirmation was advanced.                                                                              
                                                                                                                                
8:45:18 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
^Board of Parole                                                                                                                
^Alaska Police Standards Council                                                                                                
^Alaska Public Offices Commission                                                                                               
                                                                                                                                
CHAIR LYNN  announced that  the final order  of business  was the                                                               
confirmation hearings  for Daniel Morris, appointee  to the State                                                               
Parole Board; Kelly Alzaharna, Richard  L. Burton, Rebecca Hamon,                                                               
Mark  T. Mew,  and  Bernice "Berni"  Troglio,  appointees to  the                                                               
Alaska Police  Standards Council; and Kenneth  Kirk, appointee to                                                               
the Alaska Public Offices Commission.                                                                                           
                                                                                                                                
8:47:49 AM                                                                                                                    
                                                                                                                                
DANIEL  MORRIS, Appointee,  Board of  Parole, told  the committee                                                               
that  he has  lived  on the  Kenai Peninsula  for  30 years,  and                                                               
during that time amassed 23  years of experience working with the                                                               
police department,  the last  9 of  which he  served as  chief of                                                               
police.   He relayed  that he  has served  on various  boards and                                                               
committees, as well  as having served the last four  years on the                                                               
Alaska Police Standards  Council.  In response to  Chair Lynn, he                                                               
said  he is  excited to  come back  to work  within the  field of                                                               
public  safety.   He said  he anticipates  the job  will be  both                                                               
challenging and satisfying.                                                                                                     
                                                                                                                                
8:49:24 AM                                                                                                                    
                                                                                                                                
KELLY  ALZAHARNA,  Appointee,  Alaska Police  Standards  Council,                                                               
informed the committee that she  is currently the chief of police                                                               
with  the North  Slope Borough  Police Department,  based out  of                                                               
Barrow,  Alaska.   She said  she  has served  in law  enforcement                                                               
since  [1987], with  the North  Slope  Borough Police  Department                                                               
since 1990.  She listed the positions  she has held on her way to                                                               
becoming the chief of police.   Ms. Alzaharna stated that she has                                                               
been with the  Alaska Police Standards Council for  two years and                                                               
likes working with the council  to maintain high standards in all                                                               
areas  of law  enforcement.   She thanked  the committee  for its                                                               
consideration of  her appointment.   In  response to  Chair Lynn,                                                               
she said she started her law enforcement career in New Mexico.                                                                  
                                                                                                                                
8:51:46 AM                                                                                                                    
                                                                                                                                
RICHARD L.  BURTON, Appointee,  Alaska Police  Standards Council,                                                               
had his testimony as appointee  to the council presented by Terry                                                               
Vrabec, director of  the council.  Mr. Vrabec said  Mr. Burton is                                                               
retired, with  over 40 years  of law enforcement  experience, has                                                               
worked in various  groups, and has served for the  last two years                                                               
on the  council.  He  noted that Mr.  Burton was involved  in the                                                               
development and  writing of  most of  the state  regulations that                                                               
are currently enforced within the law enforcement community.                                                                    
                                                                                                                                
8:53:04 AM                                                                                                                    
                                                                                                                                
TERRY  VRABEC,  Director,  Alaska Police  Standards  Council,  in                                                               
response  to a  request  from Representative  Keller, listed  the                                                               
duties of  the Alaska Police  Standards Council, and  spoke about                                                               
the recourse for an officer who may be decertified.                                                                             
                                                                                                                                
8:56:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN pointed  out that Mr. Burton  is from his                                                               
district and previously  served two terms as  the commissioner of                                                               
the Department  of Public Safety,  and he opined that  Mr. Burton                                                               
would  be  a  valuable  asset  to  the  Alaska  Police  Standards                                                               
Council.                                                                                                                        
                                                                                                                                
8:58:30 AM                                                                                                                    
                                                                                                                                
REBECCA HAMON,  Appointee, Alaska Police Standards  Council, told                                                               
the   committee  that   she  has   lived  in   King  Salmon   for                                                               
approximately 12 years,  and has been involved  in the community,                                                               
primarily through the Bristol Bay  Chamber of Commerce, the arts,                                                               
and  issues related  to  subsistence fishing  and  hunting.   She                                                               
offered  her understanding  that she  is being  appointed to  the                                                               
seat on the  council reserved for a member from  a community with                                                               
a  population  of fewer  than  2,500.      She related  that  she                                                               
currently  is  employed by  Safe  &  Carefree Environment,  Inc.,                                                               
which  is   a  women's  shelter  and   advocacy  organization  in                                                               
Dillingham for  victims of domestic violence  and sexual assault.                                                               
She said  she is a village  and legal advocate, which  means that                                                               
she  works  directly with  victims  to  assist and  support  them                                                               
during crises  and to help them  navigate the legal system.   She                                                               
related that  in this  capacity she also  assists members  of law                                                               
enforcement,  including the  police, the  Alaska State  Troopers,                                                               
the local assistant district attorney,  and other social services                                                               
agencies.   She  said she  works with  victims who  live in  King                                                               
Salmon, Naknek, and South Naknek,  as well as other jurisdictions                                                               
within that court system.                                                                                                       
                                                                                                                                
MS. HAMON stated that she is  interested in serving on the Alaska                                                               
Police  Standards Council  because  police  matters affect  those                                                               
with  whom she  works.   She  emphasized that  the occurrence  of                                                               
domestic  violence  and  sexual   assault  is  near  to  epidemic                                                               
proportions in  Southwest Alaska.   She said  she feels  that she                                                               
can  bring a  different view  to  the table  as a  result of  her                                                               
experience  with  law enforcement  from  the  perspective of  the                                                               
victims  she  helps  and  because of  her  understanding  or  the                                                               
limited resources of those victims.                                                                                             
                                                                                                                                
9:01:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted Ms.  Hamon's involvement  in fine                                                               
arts.                                                                                                                           
                                                                                                                                
9:03:01 AM                                                                                                                    
                                                                                                                                
MARK  T.   MEW,  Appointee,  Alaska  Police   Standards  Council,                                                               
informed the  committee that  he is up  for reappointment  to the                                                               
council, and  said he has  served as the  Chief of Police  in the                                                               
Anchorage  Police Department  (APD) for  one  year.   He said  he                                                               
began his  career in  Eugene, Oregon,  as a  corrections officer,                                                               
came to Alaska in the late  1970s, and was hired by the Anchorage                                                               
Police Department  as a patrol officer  in 1983.  He  listed some                                                               
of his positions with the APD over  the years, and he said he was                                                               
involved  in the  upgrade of  technology systems  related to  911                                                               
systems,  computer  aided dispatch,  and  mobile  data in  police                                                               
cars. After  20 years  with APD,  he related,  he worked  for the                                                               
school district  for six and  a half years,  in a job  related to                                                               
security and emergency preparedness,  before returning to the APD                                                               
in his current position in January 2010.                                                                                        
                                                                                                                                
MR.  MEW  said he  thinks  the  Alaska Police  Standards  Council                                                               
provides a  valuable service to the  state and to Anchorage.   He                                                               
indicated that  the seat  he fills  on the  council is  often the                                                               
voice of the larger urban departments.   He offered his view that                                                               
the main function for the  council concerns setting standards for                                                               
officer conduct.  He offered further  details.  He stated that he                                                               
wants to  do his  part to  keep the state's  standards high.   He                                                               
indicated that  simply because of  its size, the  Municipality of                                                               
Anchorage  produces  opportunities  both  to excel  and  to  face                                                               
difficulty.                                                                                                                     
                                                                                                                                
9:09:19 AM                                                                                                                    
                                                                                                                                
MR.  VRABEC, in  response  to Representative  P. Wilson,  related                                                               
that the Alaska  Police Standards Council has 13  positions, 5 of                                                               
which  are being  reviewed today.   He  said those  positions are                                                               
listed under statute [AS 18.65.150, which read as follows]:                                                                     
                                                                                                                                
     Sec. 18.65.150.  Composition of council.                                                                                   
     The council consists of the following persons:                                                                             
          (1) four chief administrative officers or chiefs                                                                      
     of police of local governments;                                                                                            
          (2) the commissioner of public safety or a                                                                            
     designee of the commissioner;                                                                                              
          (3) the commissioner of corrections or a designee                                                                     
     of the commissioner;                                                                                                       
          (4) two persons, each of whom has been certified                                                                      
     for  five  years or  more  by  the council  under  this                                                                    
     chapter, one  of whom  serves as  a police  officer and                                                                    
     one  of  whom serves  as  a  probation officer,  parole                                                                    
     officer,    municipal    correctional    officer,    or                                                                    
     correctional officer;                                                                                                      
          (5) one correctional administrative officer who                                                                       
     is  employed  at the  level  of  a deputy  director  or                                                                    
     higher; and                                                                                                                
        (6) four members of the public at large with at                                                                         
     least two from the communities of 2,500 population or                                                                      
     less.                                                                                                                      
                                                                                                                                
CHAIR LYNN opined that it is good  to have a public member on the                                                               
council.                                                                                                                        
                                                                                                                                
9:12:27 AM                                                                                                                    
                                                                                                                                
MR. VRABEC, in  response to Representative Johansen,  said it has                                                               
worked  well  to  have  a  public  member  on  the  council,  and                                                               
expressed appreciation for the requirement  that that member must                                                               
have some experience related to the public safety field.                                                                        
                                                                                                                                
9:13:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  expressed appreciation for  the service                                                               
of Mr. Mew.                                                                                                                     
                                                                                                                                
9:14:21 AM                                                                                                                    
                                                                                                                                
BERNICE  "BERNI"  TROGLIO,  Appointee,  Alaska  Police  Standards                                                               
Council,  told the  committee  that she  became  a probation  and                                                               
parole officer  for the  state in January  1999 and  was promoted                                                               
through the  ranks to her  current position as the  statewide sex                                                               
offender  mental health  program  manager.   She  said she  works                                                               
within  the  Division  of  Probation and  Parole,  and  has  been                                                               
serving on the council since November  2008.  She stated that she                                                               
lives by  a high ethical  standard on and  off duty and  said all                                                               
officers take  an oath in that  regard.  Ms. Troglio  said she is                                                               
currently a member  of both the Internet  Crimes Against Children                                                               
Task Force and  the Anchorage Child Safety Team Task  Force.  She                                                               
referred  to the  council's  mission statement,  which  is:   "To                                                               
produce and  maintain a highly  trained and  positively motivated                                                               
professional,  capable of  meeting  contemporary law  enforcement                                                               
standards of performance."  She stated  her belief that she is an                                                               
asset  to  the council  because  she  takes  her code  of  ethics                                                               
seriously on and off the council.                                                                                               
                                                                                                                                
REPRESENTATIVE  P. WILSON  expressed appreciation  for the  pride                                                               
she said she perceived in the testimony of Ms. Troglio.                                                                         
                                                                                                                                
9:18:46 AM                                                                                                                    
                                                                                                                                
KENNETH  KIRK,   Appointee,  Alaska  Public   Offices  Commission                                                               
(APOC),  said he  is  a lifelong  Alaskan and  has  worked as  an                                                               
attorney in  Anchorage for the past  23.5 years.  He  said he has                                                               
been involved  as the state  legal counsel  for one of  the major                                                               
political parties and, in the last  year, has been before APOC as                                                               
a result of two  contested matters.  He said there  were a lot of                                                               
other  matters,   for  which  he  reviewed   APOC  decisions  and                                                               
regulations.   He indicated that  his experience would  be useful                                                               
to  APOC.    He  shared  his impression  of  APOC  as  a  sincere                                                               
organization that  is trying  to do  a good job,  and he  said he                                                               
thinks he could help the  commission find better ways to operate.                                                               
In  response to  Chair  Lynn,  he said  he  is  still in  private                                                               
practice; however,  he added that  he resigned  his party-related                                                               
position as  soon as  he was  nominated.   He said  his specialty                                                               
used  to  be  family  law,  but now  he  is  involved  in  estate                                                               
planning, adoptions, and Medicaid planning.                                                                                     
                                                                                                                                
9:20:51 AM                                                                                                                    
                                                                                                                                
MR. KIRK, in response to  Representative Gruenberg, said although                                                               
the vast majority  of people are trying  to do a good  job, it is                                                               
too easy  for people to make  a mistake.  He  suggested that APOC                                                               
could  be flexible  for those  cases.   He  said another  concern                                                               
relates  to  Citizens  United   v.  Federal  Election  Commission                                                             
("Citizens   United")  which   addresses  limitations   on  First                                                             
Amendment rights.   He stated, "I think they need  to be narrowly                                                               
tailored to meet whatever the  compelling state interest is."  He                                                               
said  APOC is  not really  limiting financial  contributions, but                                                               
limiting speech  in a way that  is concerning.  In  response to a                                                               
question, he said he  is not sure if he would  be the only lawyer                                                               
on APOC.                                                                                                                        
                                                                                                                                
9:27:04 AM                                                                                                                    
                                                                                                                                
MR.  KIRK,   in  response   to  Representative   Gruenberg,  said                                                               
Citizen's United  is a U.S.  Supreme Court decision to  which the                                                             
state  will have  to adhere.   He  indicated that  the [executive                                                               
director] of  APOC had  recommended that the  chair of  the party                                                               
for  which Mr.  Kirk was  an  attorney seek  an advisory  opinion                                                               
regarding  Citizens  United.   He  said  it was  a  long-standing                                                             
policy of  that party to  divide state contributions  under state                                                               
law into  three categories  as they came  in:   House candidates,                                                               
Senate  candidates,  and  gubernatorial candidates.    There  was                                                               
concern that doing so for  gubernatorial candidates may be acting                                                               
as  a   conduit  for  a   particular  candidate,  which   is  not                                                               
permissible.   Mr. Kirk offered further  details, concluding that                                                               
APOC ruled against it and the  party changed its method to comply                                                               
with  the ruling.    He  said, given  the  recent  nature of  the                                                               
decision, he  is reluctant to  be disloyal to his  former client,                                                               
but he said the party has accepted the decision.                                                                                
                                                                                                                                
9:30:42 AM                                                                                                                    
                                                                                                                                
MR. KIRK, in response to  Representative Gruenberg, said he holds                                                               
a  somewhat  different philosophy  to  APOC's  past rulings,  but                                                               
mostly agrees with  the commission's philosophy.   In response to                                                               
another  question, he  talked about  a  column in  which he  used                                                               
humor  to  portray how  lawyers  often  overreact to  keep  their                                                               
clients from stepping out of  bounds and how frustrating that may                                                               
be for politicians and elected officials.                                                                                       
                                                                                                                                
9:34:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  opined that  Mr. Kirk  would be  a great                                                               
asset to APOC.                                                                                                                  
                                                                                                                                
9:35:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  said he  has no reason  to think  Mr. Kirk                                                               
would not serve well on APOC.                                                                                                   
                                                                                                                                
MR.  KIRK, in  response  to Representative  Keller,  said he  had                                                               
represented  the Republican  Party.   He noted  that of  the five                                                               
positions on APOC,  four have to be appointed from  the two major                                                               
political  parties, and  he has  been  nominated for  one of  the                                                               
Republican positions.                                                                                                           
                                                                                                                                
9:37:11 AM                                                                                                                    
                                                                                                                                
MR. KIRK, in response to  a question from Representative Petersen                                                               
regarding   current  disclosure   requirements  for   groups  and                                                               
candidates,  said  he has  not  seen  much  in statutes  that  he                                                               
disagrees with, but opined that  some regulations go further than                                                               
statute intended.  He offered an example.                                                                                       
                                                                                                                                
9:39:39 AM                                                                                                                    
                                                                                                                                
MR.  KIRK,  in response  to  Representative  Gruenberg, said  the                                                               
Alaska Supreme Court does not  give APOC any more discretion than                                                               
any other agency.   He said regulations  and interpretations have                                                               
to be consistent with statute,  but [APOC and other agencies] can                                                               
"flesh  out  the statute  or  interpret  it  where it's  not  100                                                               
percent clear."  He indicated  that APOC currently is considering                                                               
standards in  regulation related to  reducing or waiving  a fine,                                                               
but he remarked that "that's specifically given by the statute."                                                                
                                                                                                                                
MR. KIRK,  in response to  a question regarding  whether Citizens                                                             
United  goes far  enough in  protecting  First Amendment  rights,                                                             
characterized  Citizens  United  as  a problematical  case.    He                                                             
explained  that the  although the  basic point  - that  there are                                                               
restrictions being made  on free speech - is fair,  saying that a                                                               
corporation  has the  same rights  as an  individual raises  many                                                               
other  questions, which  APOC  will  have to  address.   He  said                                                               
although  Citizens United  relates only  to separate  independent                                                             
expenditures,  some  of  the  same   principles  could  apply  to                                                               
contributions.   Mr. Kirk ventured that  Citizens United probably                                                             
goes far, and he  is not sure the state needs  to go further than                                                               
that.  He  concluded that the Alaska Supreme  Court gives greater                                                               
protection in some  situations, but he does not know  if there is                                                               
"a particular  need to  go farther than  that in  this particular                                                               
instance with Citizens United."                                                                                               
                                                                                                                                
9:44:56 AM                                                                                                                    
                                                                                                                                
MR. KIRK, in response to a  question, said he does not think that                                                               
a  contest in  a  judicial retention  election  would be  treated                                                               
differently from a  contest in any other  election.  Furthermore,                                                               
he said most of those elections  are not contested.  He indicated                                                               
that  the [Alaska]  Judicial  Council  published some  statements                                                               
that it had reviewed "all of  those" and taken public comment and                                                               
believed that all  the judges should be retained or,  in a recent                                                               
election,  all  but  one  should  be  retained.    He  said  [the                                                               
council's]  view has  been that  "that  has not  been beyond  the                                                               
boundaries of  what's allowed"  and is  just a  statement "that's                                                               
not particularly  advocating."  Mr.  King said he thinks  that is                                                               
somewhat questionable; however,  since that is an  issue that may                                                               
come before APOC, he said he does  not want to take a position on                                                               
it now before considering all the viewpoints.                                                                                   
                                                                                                                                
9:46:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  expressed  concern that  Jerrad  "Shea"                                                               
Hutchings, appointee  to the State  Commission for  Human Rights,                                                               
was not present  for his confirmation hearing today,  and he said                                                               
he would like an explanation and a contact number.                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG asked that  Mr. Hutchings be rescheduled                                                               
so that the committee has the opportunity to talk with him.                                                                     
                                                                                                                                
CHAIR LYNN  concurred that  it would be  beneficial to  have some                                                               
sort  of interaction  with  [Mr. Hutchings]  before  his name  is                                                               
brought to a vote on the House floor.                                                                                           
                                                                                                                                
9:49:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to advance  the  confirmations  of                                                               
Daniel  Morris, appointee  to the  State Board  of Parole;  Kelly                                                               
Alzaharna, Richard  L. Burton,  Rebecca Hamon,  Mark T.  Mew, and                                                               
Bernice "Berni" Troglio, to the  Alaska Police Standards Council;                                                               
and Kenneth Kirk to the  Alaska Public Offices Commission, to the                                                               
joint session for  consideration.  There being  no objection, the                                                               
confirmations  were advanced.    Representative Keller  specified                                                               
that the  name of Jerrad  "Shea" Hutchings had not  been included                                                               
in that motion.                                                                                                                 
                                                                                                                                
9:51:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG stated  for the record that  had he been                                                               
present  during  the previous  vote  regarding  Ms. Hultberg,  he                                                               
would have voted in favor of advancing her confirmation.                                                                        
                                                                                                                                
9:51:45 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee  meeting was adjourned  at 9:51                                                               
a.m.                                                                                                                            

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