Legislature(2015 - 2016)CAPITOL 106
01/29/2015 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Overview: Alaska National Guard - Brigadier General Leon "mike" Bridges, Adjutant General & Commissioner, Alaska Dmva | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
January 29, 2015
8:06 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative David Talerico
Representative Liz Vazquez
Representative Louise Stutes
Representative Max Gruenberg
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Representative Gabrielle LeDoux
Representative Charisse Millett
Representative Matt Claman
COMMITTEE CALENDAR
OVERVIEW: ALASKA NATIONAL GUARD - BRIGADIER GENERAL LEON "MIKE"
BRIDGES~ ADJUTANT GENERAL & COMMISSIONER~ ALASKA DMVA
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
BRIGADIER GENERAL LEON M. "MIKE" BRIDGES, Acting Adjutant
General/Commissioner
Alaska National Guard
Department of Military & Veterans' Affairs (DMVA)
Joint Base Elmendorf-Richardson (JBER), Alaska
POSITION STATEMENT: Gave a PowerPoint presentation during the
overview of the Alaska National Guard.
MIKE O'HARE, Acting Deputy Commissioner
Department of Military & Veterans' Affairs (DMVA)
Joint Base Elmendorf-Richardson (JBER), Alaska
POSITION STATEMENT: Provided information during the PowerPoint
presentation of DMVA.
ACTION NARRATIVE
8:06:16 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:06 a.m. Representatives Keller, Stutes,
Talerico, and Lynn were present at the call to order.
Representatives Gruenberg, Kreiss-Tomkins, and Vazquez arrived
as the meeting was in progress. Other legislators present were
Representatives Claman, LeDoux, and Millet.
^OVERVIEW: ALASKA NATIONAL GUARD - BRIGADIER GENERAL LEON "MIKE"
BRIDGES, ADJUTANT GENERAL & COMMISSIONER, ALASKA DMVA
OVERVIEW: ALASKA NATIONAL GUARD - BRIGADIER GENERAL LEON "MIKE"
BRIDGES, ADJUTANT GENERAL & COMMISSIONER, ALASKA DMVA
8:07:00 AM
CHAIR LYNN announced that the only order of business was the
overview by the Alaska National Guard - Brigadier General Leon
M. "Mike" Bridges, Adjutant General & Commissioner, Alaska DMVA.
8:09:05 AM
BRIGADIER GENERAL LEON M. "MIKE" BRIDGES, Acting Adjutant
General, Alaska National Guard; Commissioner, Alaska Department
of Military & Veterans' Affairs (Alaska DMVA), referred to a
PowerPoint presentation [included in the committee packet]. He
said he would: discuss the current legal and disciplinary
systems used by the Alaska National Guard (AKNG) when someone
violates order and discipline within the ranks; talk about the
assessment, findings, and recommendations of the Office of
Complex Investigation, done in response to a request from former
Governor Sean Parnell; and discuss a briefing presented to
Governor Bill Walker.
8:10:36 AM
BRIGADIER GENERAL BRIDGES turned to page 3 of the PowerPoint,
depicting the operational sections of DMVA. He explained that
he wears two hats: one is in his role as the
commissioner/adjutant general of the department, and the other
is as the uniformed, senior leader of the Army and Air National
Guard. He said there is a Title 10 officer - a federal colonel
- who works for the chief of the National Guard Bureau (NGB),
which is the federal hire headquarters for resourcing to the
states. He explained that the officer does not report to the
Adjutant General; he/she works directly with the NGB to ensure
that federal resources are used correctly by the Alaska National
Guard. He noted that another section is the Alaska Aerospace
Corporation. He indicated that Governor Walker had "separated"
the corporation to address management and finances, and he said
Craig Campbell would be discussing the topic before the
legislature at a later date. He said civilian Michael O'Hare is
the acting deputy commissioner for the department. He named
four divisions of the department: the Army National Guard,
which has just under 1,900 personnel; the Air National Guard,
which has approximately 2,000 personnel; the Division of
Homeland Security/Emergency Management, which coordinates with
Alaskans to prepare for and respond to any local emergencies;
and the Alaska Military Youth Academy. He said the academy
exists through the direction of Congress. It is an academic
improvement program that uses a military basic training or boot
camp model "to instill physical fitness, self-discipline, [and]
determination to succeed in life" and leads toward a general
education development (GED) certification or high school
diploma, work, college, and military service.
8:13:29 AM
CHAIR LYNN expressed appreciation for the education model of the
Alaska Military Youth Academy.
BRIGADIER GENERAL BRIDGES said the academy runs two programs per
year, followed by 5.5 month-long resident program, then a 12-
month "after" program with an adult mentor who ensures that each
person is on his/her life plan. He reported that as of the
upcoming graduation in February, there will have been over 4,500
graduates out of the program since its beginning in 1993. He
said most of the programs are federally funded through the U.S.
Department of Defense (DoD); however, Alaska is unique in the
high percentage of state funds that support the program. He
indicated that this is due to the program's positive effect on
young people. He said the goal of the program is to keep young
people from becoming a ward of the Department of Health and
Human Services, the Department of Public Safety, and the
Department of Corrections. He said the department is currently
working on a grant for a new vocational/technical continuance
program for those who do not go on to traditional college.
8:15:11 AM
BRIGADIER GENERAL BRIDGES talked about the Office of Veteran
Affairs (VA), which has four full-time employees that support
veterans' service officers around the state in conjunction with
the Veterans of Foreign Wars (VFW), the American Legion, and the
Purple Heart Organization. He said Alaska has over 77,000
veterans - the highest demographic in the nation - and yet has
to convince 44,000 of them to register with the VA to be able to
receive any benefit from their military service. He said some
of them are hard to find.
8:16:02 AM
BRIGADIER GENERAL BRIDGES next addressed the issue of discipline
within the National Guard. He directed attention to page 4 of
the Power Point, which covers legal systems for the National
Guard. He explained that the Title 10 code forces are the U.S.
Army, Navy, Air Force, Marines, and their reserves. The program
is also used by the U.S. National Guard when federally activated
for duty. He said when the National Guard is not federalized,
it operates under federal Title 32 - National Guard, and reports
to the state governor. He indicated that some states have a
military code that is the controlling law or policy for
controlling the state's militia under state authority.
Brigadier General Bridges said Alaska's military code was
written in 1935, before statehood, and it has never been
updated. He said the code has no "teeth" and, for various
reasons, "has never been enforced in Alaska." He said he came
from the National Guard in both Oregon and Washington, and both
of those states have a code that they use for any necessary
disciplinary action. He offered examples of how the code in
those other states could be put to use.
8:18:40 AM
BRIGADIER GENERAL BRIDGES, in response to Chair Lynn, confirmed
that the state code is set in statute by the legislature. He
noted that a couple members of the legislature have prepared
possible legislation. Further, he said the National Guard has
worked on the issue. In the last several months, resources from
the National Guard Bureau (NGB) have been provided to Alaska, as
well as legal assistance, provost marshal assistance, and equal
opportunity assistance. From this assistance, the [Alaska]
National Guard (AKNG) prepared a baseline model military code,
which he characterized as "a very good one." Some states have
adopted the code as written, while many others have modified it
to their purpose.
BRIGADIER GENERAL BRIDGES, in response to Chair Lynn, said there
are just under 4,000 [Alaska] National Guard members, ten
alleged perpetrators within the National Guard since 2009, and
30-36 alleged victims who may be in or were in the National
Guard from 2009 to today. He continued as follows:
Those alleged victims are folks who've come to us, and
they're in the National Guard today or they're in the
active services today, from Ft. Richardson or Ft.
Wainwright, and they've come to us for help from
something that they state happened to them somewhere
in their past lives, when they were in the Army, when
they were in the Air Force, when they were in college
as a civilian, and even in some families some folks
have come forward now today - they're in the National
Guard today - and say, "This happened to me when I was
a kid; I would like help from my sexual assault
prevention and response team."
CHAIR LYNN asked, "Approximately what percentage of the total
guard force would these people be?"
BRIGADIER GENERAL BRIDGES answered, "Less than a half of one
percent at any one demographic window." He said there was no
program by which to track this information prior to 2009, and
even then there were no resources made available until 2011-
2012. He added, "We're safer than the population outside this
building ... when it comes to that issue."
CHAIR LYNN remarked that alleged occurrences within a group can
affect how the entire group is perceived.
8:22:06 AM
REPRESENTATIVE LEDOUX asked at what point the [Alaska] National
Guard realized that the lack of legislation, in terms of a
military code, was a hindrance.
BRIGADIER GENERAL BRIDGES answered that he does not know. He
relayed that when he came to Alaska in 1986 as a lieutenant in
Kodiak, he questioned why he could not "do an Article 15" on
those who did not show up for drills, and he realized he would
have to use the regulatory processes to discipline individuals.
In response to a follow-up question, he said later, when he was
a battalion commander in Nome, active duty personnel questioned
why there was no Uniform Code of Military Justice (UCMJ), and he
said he is sure that someone discussed the matter with
leadership in Juneau; however, he said the issue never gained
traction to the point of garnering legislative action to update
the military code in Alaska. He offered his understanding that
a draft of the code was created a few years ago, but it, too,
never found footing.
8:24:13 AM
BRIGADIER GENERAL BRIDGES in response to Chair Lynn, explained
that under the UCMJ, Article 15 provides for a low-level penalty
of paying a fine. He said penalties can grow from that to a
court martial, where a person in the military can be put in
prison and the death sentence imposed for the ultimate level of
offense. He indicated that under federal Title 10, the most
severe administrative penalty is dishonorable discharge, which
takes away all paid benefits and veterans' rights. He said the
parallel of that is under Title 32 and includes penalties from a
verbal reprimand to "other than honorable discharge," which he
explained is the equivalent to a dishonorable discharge. He
said those tools have existed, but are difficult to use because
they are costly and most people have never taken the time to
employ them.
8:26:40 AM
BRIGADIER GENERAL BRIDGES, in response to Representative
Gruenberg, confirmed he would be at liberty to share with the
legislature the code the National Guard has been formulating.
He ventured that it is "a 93-percent solution" at this point,
and he expressed his wish to have the [Alaska] National Guard's
legal advisors work with the legislature.
REPRESENTATIVE GRUENBERG said he would like to know what the
legislature can do and whether it has to be done in executive
session. He said he knows that some documents have been
redacted. He said he does not want to impede the functions of
the [Alaska] National Guard (AKNG), but wants to get something
done through the legislature.
BRIGADIER GENERAL BRIDGES said the information would have to be
protected and carefully managed because most of it is protected
on the federal side. He indicated that the processes have
several layers, including legislative, administrative, and "any
uniform side."
REPRESENTATIVE GRUENBERG said when dealing with issues of fraud
and sexual abuse, the legislature needs to know what else that
the AKNG is addressing.
BRIGADIER GENERAL BRIDGES said he would discuss this further
during the presentation.
8:31:14 AM
REPRESENTATIVE CLAMAN asked why the AKNG does not adopt the
federal code rather than create its own.
BRIGADIER GENERAL BRIDGES indicated that state and federal codes
are similar and referred to information on page 4 of the
PowerPoint, regarding the Military Code of Alaska, which read:
An offense committed by a member of the militia,
organized or unorganized, shall be tried in civil
courts and prosecuted by civil authorities except
offenses of a purely military nature.
BRIGADIER GENERAL BRIDGES continued as follows:
And those purely military nature ones are in the Army
regulation, in the Air Force instruction ... that are
provided by the federal Army, the federal Air Force,
and they're almost ... verbatim most of the way
through, depending on the level, what type of offense,
but they're managed administratively.
And this is the other unique part with the militia:
We still have that military process, so that if I have
a major who's done something wrong, and I need to
penalize him for a military nature - again, with the
state statute language that exists - I'm going to go
after their military career as a commander for that
offense, while at the same time, if I have any inkling
that there might be an element of a crime, we're going
to turn ... that information or that thought over to
law enforcement for our state code - our state
statutes - because they need to be looked at for
potential prosecution under the laws of the State of
Alaska.
REPRESENTATIVE CLAMAN asked Brigadier General Bridges whether he
was saying that if a member of the National Guard was accused of
murder, under federal Uniform Code, the murder could be
prosecuted in military or civilian court, whereas under the
Alaska National Guard Act, the AKNG would not have the authority
to pursue the murder charge in military court, but it could be
pursued in civilian court.
BRIGADIER GENERAL BRIDGES responded as follows:
The state would pursue it through the civil courts as
a murder charge. On the military side, with the
military regulation, we're going to go after the
violation of good order and discipline, based on the
level of the offense, to affect their military career,
as well. So, it's kind of a parallel action.
REPRESENTATIVE CLAMAN clarified that he wanted to understand the
contrast with the federal system. He asked, "Does that mean the
federal ... military could pursue the murder charge only in
military court and it wouldn't have to proceed in civilian
court?"
BRIGADIER GENERAL BRIDGES indicated that non-federalized militia
does not prosecute under Title 10, but the regular forces such
as, the U.S. Army and U.S. Air Force, go through a USMJ process
under federal Title 10 authorities. He added that in most
capital offenses, "even the active component service member is
going to be prosecuted in a civilian court" under the laws of
the state in which he/she resides.
REPRESENTATIVE CLAMAN reiterated his concern that reinventing a
code when it is already similar to the federal code would
complicate matters and questioned why Alaska could not just
adopt the UCMJ.
BRIGADIER GENERAL BRIDGES said it would be the purview of the
legislature to decide whether to codify the UCMJ verbatim. He
said, "It's a big one; and they've given us the regulations,
which ... have nearly the same language of the administrative,
military side of the militia." He said it is complicated.
REPRESENTATIVE CLAMAN suggested that creating a new code could
make it all more complicated.
BRIGADIER GENERAL BRIDGES stated that U.S. Title 10 code matters
are prosecuted by federal court, while state militia code
matters are prosecuted by the state.
8:37:08 AM
REPRESENTATIVE KELLER noted that the AKNG functions fall under
the authority of the governor of Alaska when it is not called to
federal duty; therefore, he opined that it is not a question of
reinventing the code as it is finding what is good from the
federal code and applying it to what is needed in the state
code.
8:37:48 AM
REPRESENTATIVE CLAMAN indicated that he had been asked to query,
on behalf of Representative Millet, whether Governor Bill Walker
would be introducing a bill incorporating the requests of the
AKNG or would leave the making of recommendations up to the
legislature.
BRIGADIER GENERAL BRIDGES said he could not answer, but knows
there are parallel efforts being made by the Office of the
Governor, the National Guard in Alaska, the National Guard
Bureau, and legal advisors from other states. He reiterated
that the AKNG is close to having a recommendation prepared to
present to the legislature.
CHAIR LYNN asked whether Brigadier General Bridges expects any
input from the special investigator.
BRIGADIER GENERAL BRIDGES answered he is certain that the judge
appointed by the governor will have recommendations.
8:38:56 AM
REPRESENTATIVE LEDOUX offered her understanding that Congress is
currently addressing a problem with military code that requires
victims of sexual assault to go through the chain of military
command and "there are many people who believe that that is not
an appropriate way to go."
BRIGADIER GENERAL BRIDGES confirmed that is correct. He
indicated [sexual assault] is a recent condition, because "DoD
had never really paid attention to this issue ever." He
continued as follows:
The typical annual training package for our troops was
a set of PowerPoint slides once a year ... over the
last three years. And it's been that very recent
evolution in our society - whatever you want to call
it - sexual assault across our nation - all statuses -
that the military, because we a are a unique
profession to protect our nation -- it's an insider
attack. And people have finally become enlightened,
and they're putting resources, legislative effort, and
the whole works, to change some of the tools and
tactics to deal with sexual assault in the U.S. and
our state's military. So, there is a lot of effort on
this right now.
REPRESENTATIVE LEDOUX ventured that might be one reason that the
AKNG may consider not adopting the federal code in its entirety,
but instead make it "something unique to the states."
BRIGADIER GENERAL BRIDGES replied that states are sovereign
entities in their own right and they want to put their personal
touch on "those things." He explained that is why there is a
federal military and a state militia, and why Alaska is less
federalized. He said under the U.S. Constitution, each state
should have the opportunity to refine its military code as
needed.
8:41:11 AM
REPRESENTATIVE GRUENBERG referred to Title 26, previously read
by Brigadier General Bridges, and he offered his understanding
that under federal law, states have to create such language to
outline what happens when a member of the military commits a
crime that is not civilian. He indicated that some offenses are
not criminal offenses, such as desertion, which he said is a
capital offense. He posited that one of the reasons this issue
has not been addressed over the last 100 years, was because
women were not as involved in the military. For example, he
said during the Vietnam War there were no women on the ships and
there were none in combat. In response to a comment by Chair
Lynn that there were female nurses, he explained that there were
few opportunities "for that kind of interchange." He stated
that the evolution of the military dealing with the issue has
been a fast one.
BRIGADIER GENERAL BRIDGES responded, "This has typically been a
male on male issue in the military ranks throughout history."
Now, with between 15-20 percent female members, depending on the
service component, the demographic has changed and the number of
sexual offenses against women in the ranks has risen.
Nevertheless, he said the "male on male" issue still exists. He
concluded, "So, this isn't just a singular crime or issue or
problem. It's within the ranks; it's male on male; it's female
on female, and vice versa, and male on female. So, it covers
all conditions."
REPRESENTATIVE GRUENBERG ventured that the issue began at "the
academy." He said another issue to be considered is related to
the rights of the lesbian, gay, bisexual, and transgender (LGBT)
community.
BRIGADIER GENERAL BRIDGES reiterated that the military is
present as the defender of the nation; therefore, an insider
attack in the military is a problem. He talked about improved
resources to prevent these problems or to respond to them by
helping victims, speeding justice, and holding offenders
accountable. He said even if civilian law enforcement chooses
not to prosecute a case, the military will go after the
individual using its military regulations because the individual
stepped out of bounds in terms of the oath taken and military
values. He offered an example wherein a senior officer dating a
subordinate is not a crime in Alaska, but it is a violation of
good order and discipline in the military.
8:46:30 AM
REPRESENTATIVE LEDOUX asked what additional strength would be
gained by a revision of the [UCMJ] if the military already has
"the tools to go against culprits because of a violation of good
order and discipline."
BRIGADIER GENERAL BRIDGES said he calls it a preventative
measure. He said if people know that there is "a big hammer
with a criminal charge to it" while they serve in the military,
then they will probably think twice about committing an offense.
He indicated that the key to being effective is not only a state
military code with teeth, but also the resources to actually use
it.
REPRESENTATIVE LEDOUX quiered whether this would take away the
ability for some of these crimes to be prosecuted in state
court.
BRIGADIER GENERAL BRIDGES advised that law enforcement would be
called, and this offers a military tool to prosecute as a "state
UCMJ military code."
REPRESENTATIVE LEDOUX surmised that they run parallel and the
ability would remain to prosecute in civil court.
BRIGADIER GENERAL BRIDGES confirmed that is correct. He added,
that unless the state statute is changed, [civil court] would be
primary because that person violated the laws of Alaska.
8:48:42 AM
BRIGADIER GENERAL BRIDGES, in response to a question from
Representative Vazquez regarding further preventative measures
being taken, pointed to Sergeant Andrews, who is employed full-
time as a specially trained victim advocate, and to civilian
Octavia Thompson, who serves as the state sexual assault
response coordinator in charge of prevention and response to
sexual assault or harassment within the ranks. He said she also
does cross-agency support networking to give tools and resources
throughout Alaska's communities to help prevent sexual assault
and/or respond to it. He said in the AKNG's organization of
4,000, there are 45 "new and continuously trained" victim
advocates.
BRIGADIER GENERAL BRIDGES, in response to Chair Lynn, he said
that those 45 individuals also perform their primary military
duties. They help those who have been harmed go through the
recovery process. He said the NGB provides an attorney special
victims advocate with special training in the civilian,
criminal, and legal sectors, to represent all victims in the
aftermath of an assault; the victim does not have to pay for
that out of pocket. In response to Representative Vazquez, he
said the National Guard is linked with the civilian medical
community and law enforcement, which along with the provost
marshal officer, protect the victims of sexual assault and
gather evidence in the most "appropriate, psychologically
beneficial manner." He noted that Providence Hospital, in
Anchorage, has a specially trained person with a hotline
available 24/7. He said there are not a lot of these advocates,
but the National Guard is "linked with these folks now."
8:53:27 AM
REPRESENTATIVE VAZQUEZ asked whether there have been allegations
of misuse, other than sexual abuse, such as misuse of property
or other misdeeds.
BRIGADIER GENERAL BRIDGES answered yes. He said the Office of
Complex Investigation (OCI) performed an assessment in the
spring of 2014 that included five primary areas, plus fraud. He
said that at the request of former Governor Sean Parnell, the
OCI sent in an experienced audit team, through the NGB, that
found some areas of weakness related to administration and
accounting processes and the results have been shared with
current Governor Bill Walker. Brigadier General Bridges
explained that there was concern about facilities management
funding because most of the money comes from the federal side
and is used through the master cooperative agreement, which is
managed by a Title 10 officer and staff to pay state employees
to maintain the AKNG facilities. He said over the last several
years the state, within the AKNG's department, had become
dominant in managing "that process and that program." He noted
the importance of ensuring that the majority of federal
requirements are met when using federal funds, while
simultaneously meeting state requirements. He said this
imbalance is currently being corrected.
8:55:43 AM
BRIGADIER GENERAL BRIDGES, in response to Representative
Vazquez, said he is not aware of any pending federal criminal
investigations. He said the administrative cases related to
sexual assault have been turned over to civilian law enforcement
and, to date, none of the cases have been taken to a grand jury.
He said the AKNG is conducting administrative hearings, but he
is restricted from speaking about them due to confidentiality
protection under the Federal Privacy Act. He relayed that the
outcome of those hearings would be announced in generic terms.
He stated that seven administrative cases are currently in
process. He said if he asks for withdrawal of an officer's
federal recognition and commission, he must go before the
federal U.S. Army four-star commander in the Pacific.
REPRESENTATIVE VAZQUEZ asked whether there was a Federal Bureau
of Investigation (FBI) investigation regarding "some of these
allegations."
BRIGADIER GENERAL BRIDGES said although he is aware the issue
was in some newspapers, he has no direct knowledge of that. In
response to a follow-up question, he offered his understanding
from media reporting that U.S. Senators Mark Begich and Lisa
Murkowski requested the DoD or the Department of the Army
Inspector General to perform investigations; however, he said he
is not privee to that information. He explained that even if
someone was to file against him, all he would be told is that
someone filed an inspector general inquiry on him.
REPRESENTATIVE VAZQUEZ offered her understanding that a
newspaper had reported that victims of crimes on military bases,
at least those in Anchorage, need to report the crimes to the
Anchorage Police Department.
BRIGADIER GENERAL BRIDGES responded that people interpret things
in different ways. He explained that in the military, a
commander publishes an open-door policy at all levels. The
historic model of that was that a person in the military must
report through his/her chain of command; however, he said he
initiated an open-door policy such that "anybody in this
organization - military or civilian - can come to the top for
anything on their mind that they're concerned about." He said
the same applies to talking with the chaplain, calling the
police, or contacting the inspector general, without fear of
reprisal. He said if a person has been sexually assaulted,
he/she can tell one of the victim advocates or go directly to
Ms. Thompson, at which point a restricted or unrestricted report
will be filed. He said if it is a restricted report, often the
victim may not want to talk to the police or go to the hospital
to "that special nurse." He indicated that the victim has the
choice whether or not to remain anonymous.
9:01:21 AM
MIKE O'HARE, Acting Deputy Commissioner, Department of Military
& Veterans' Affairs (DMVA), suggested that they proceed with
their presentation in that it will offer insight to their
processes that were based upon the Office of Complex
Investigations and various resources' recommendations.
9:02:01 AM
REPRESENTATIVE LEDOUX described a situation in which a person is
prosecuted under state law but not convicted, but the military
takes action because what the person did is a violation of
military rules. She asked whether that would be a violation of
double jeopardy.
BRIGADIER GENERAL BRIDGES answered no. He said the requirement
to instill military discipline is not related to "beyond a
shadow of a doubt sort of thing." He stated, "If we're going to
potentially penalized somebody's military career, we're
obligated to give them defense council or legal support ...."
He said the AKNG goes after violations of good order and
discipline.
REPRESENTATIVE LEDOUX asked whether the alleged violation of
double jeopardy had actually been tested and whether that
defense has gone any place.
BRIGADIER GENERAL BRIDGES answered, "That's what my legal
advisors are all about - yes, ma'am."
9:03:24 AM
REPRESENTATIVE LEDOUX asked whether the confidentiality would
remain the same if the legislature revised the state code.
BRIGADIER GENERAL BRIDGES indicated that the administrative
process would still be confidential; only that which was handled
through the state code process would be available information.
REPRESENTATIVE LEDOUX asked if the federal government would have
to "do that."
BRIGADIER GENERAL BRIDGES answered that was his understanding
based on what he had been told by his legal advisors.
9:04:45 AM
REPRESENTATIVE GRUENBERG observed that Alaska's statutes are
"totally toothless" when it comes to military crimes. He
indicated that if the state had stronger statutes, then they
could be used as a bargaining tool. For example, a military
person who has committed murder or rape could be told by the
prosecutors working together that they would not be pursuing a
criminal prosecution, but instead would be pursuing a court
martial, which would give the prosecutors much more discretion.
He emphasized the importance of updating the code.
BRIGADIER GENERAL BRIDGES talked about all the military experts
present in the room and he noted that they would be in the
capitol all day for visitation. He said Alaska had never before
now resourced a provost marshal, but it has one now. Further,
he indicated that there has been only one lawyer, but the AKNG
is working on attaining three. He stated, "We've taken and
reapplied full-time resources to these requirements in the
Alaska National Guard. That's how important this is to me;
that's how important this is to us; that's how important this is
to our state."
9:08:36 AM
BRIGADIER GENERAL BRIDGES returned to the PowerPoint, slides 5
and 6. He said an OCI report was released by former Governor
Sean Parnell. A brigadier general was sent in from another
state to be advisor to Brigadier General Bridges, to ensure the
Alaska National Guard set up its methodologies and process. He
said other states have gone through this issue. He related that
a sergeant general - a police chief - was brought in from
Indiana to organize the provost marshal program, for example. A
lieutenant colonel knowledgeable in militia law was brought in
from another state to work with the Department of Law (DOL) and
the Office of the Attorney General to create a model state code
for Alaska. Brigadier General Bridges stated that the first
person he relieved of duty was the staff judge advocate, because
"that was one of the areas we had a lot of challenges with."
BRIGADIER GENERAL BRIDGES said an equal employment opportunity
program has been added, with a statewide manager and
approximately 30 equal employment advisors and liaisons within
the Army National Guard alone, and an equivalent number in the
Air National Guard. He said the AKNG encourages those with an
interest in the program to apply for it, and emphasized that the
AKNG is interviewing to ensure that the applicants do not have
an experience in their backgrounds making them unsuited for that
kind of work. He remarked that not everyone is cut out to be an
equal employment opportunity person or an advocate for victims.
9:12:45 AM
BRIGADIER GENERAL BRIDGES directed attention to an event
timeline on slide 7. He indicated that September was when the
[National Guard Bureau Implementation Team] arrived. He said
through 2016, communication will continue between the chief of
the National Guard Bureau, the governor, and the new adjutant
general to make sure everything is on track.
BRIGADIER GENERAL BRIDGES said he would not go into detail
regarding all the remaining slides, but noted that slide 8
addresses the timeline of the implementation of the plan. He
turned to slide 9, which lists the following five areas
addressed by the teams: sexual assault, equal opportunity,
coordination with law enforcement, command climate, and
application of military justice. One other area relates to
fraud. He said reports were being made weekly, but now are made
bi-weekly.
BRIGADIER GENERAL BRIDGES noted that on slides 10-14 are the
recommendation nomenclatures: Sexual assault is indicated by an
"A," and everything under that category is listed as "A1"-"A7."
He said there would be a time and progress chart. He point out
the nomenclature for equal opportunity programs, indicated by a
"B," with subcategories of "B1"-"B5." He said coordination with
law enforcement uses the "C" codes, command climate uses the "E"
codes, and military justice uses the "F" codes. He said the "E"
codes are the most difficult, because with the open-door policy,
many issues are heard and the National Guard must look into
complaints to see where they are based and to determine whether
there is a problem with leadership or if a the individual
complaining is "trying to deflect a disciplinary action" by
complaining to an authority. He said "F" is the nomenclature
for military justice, with a subcategory range of "F1-F9."
9:15:50 AM
BRIGADIER GENERAL BRIDGES said slide 15 shows a chart of the
implementation plan for the previously listed categories. He
noted slide 16 shows a chart of the recovery program put
together by the National Guard Bureau and the Alaska National
Guard. Slide 17 shows how much effort is required and what the
impact of the effort would be. He said the Alaska National
Guard has had to ask for extra money and full time authorities
from the National Guard Bureau. He said slide 18 shows a
progress report, as determined by the team members. Slide 19
shows how everything is linked to "the command climate." He
indicated that slide 20 shows responsibilities related to the
following areas: training and education, program management,
policy and guidance, and commander and supervisor
accountability. He stated that slide 21 shows how the Alaska
National Guard tracks progress, briefs its leadership, and shows
what it is doing to "make this right." He said slide 22
addresses challenges, the first of which is fiscal realities
versus the need for additional resources. He said he does not
have enough lawyers to cover all the legal concerns; therefore,
the National Guard Bureau is providing him with extra money to
hire legal attorneys or clerks from other states.
9:18:23 AM
REPRESENTATIVE CLAMAN directed attention back to slide 15, where
he observed that there are arrows pointing to the "end state" on
all the categories except equal opportunity. He asked for an
explanation.
BRIGADIER GENERAL BRIDGES responded that equal opportunity will
not have an end state; it will be perpetual.
9:19:01 AM
BRIGADIER GENERAL BRIDGES returned to slide 22, and said one of
the challenges faced is fatigue. He stated that during the
political season, the AKNG was under an "intense media assault,"
and it stretched out the times between reports and meetings.
9:20:20 AM
REPRESENTATIVE LEDOUX asked whether there is recourse in the
military for civil damages.
BRIGADIER GENERAL BRIDGES said he is not aware of any. He said
the military is protected under separate statute, but victims
have additional recourse to look for some sort of redemption
through the inspector general branch, which is a neutral party
that reports to the higher level U.S. Army or U.S. Air Force.
He reiterated that there is an equal opportunity branch, and
some of the Alaska National Guard's full-time employees are
supported by unions.
CHAIR LYNN asked whether it would cover issues like intentional
infliction of emotional distress.
AN UNIDENTIFIED SPEAKER said, "Sure."
REPRESENTATIVE LEDOUX said, "Yes."
9:24:13 AM
BRIGADIER GENERAL BRIDGES directed attention to slide 23, which
summarizes that in the first two months, time and effort was
spent developing an implementation plan and involving all levels
of ranks. The Alaska National Guard found some internal issues
in its state workforce that it is using state, administrative,
and labor resources to address. It includes corrective
counseling and disciplinary actions. Retirees have been brought
back, as well as new recruits. He talked about the transparency
of the process. He reiterated that the only things that cannot
be discussed in the open are personnel administrative actions or
anything that is stamped "classified" from the federal
government. He turned to slide 24, which addresses the future.
He said just the other day Governor Walker appointed retired
judge Patricia Collins as special investigator, and he said the
Alaska National Guard will work cooperatively with her and the
Office of the Governor. He noted that Governor Walker will
announce the new adjutant general tomorrow, and the Alaska
National Guard will continue under new leadership. He indicated
that regular reporting back to leadership, as well as to the
executive and legislative branches of government, would
continue.
9:26:21 AM
REPRESENTATIVE KREISS-TOMKINS asked the timeline of the special
investigator's activities.
BRIGADIER GENERAL BRIDGES said he was not directly involved in
that discussion; however, he offered his understanding that
there would be a primary report to the governor sometime in
April.
[ACTING DEPUTY COMMISSIONER O'HARE nodded.]
BRIGADIER GENERAL BRIDGES announced that his PowerPoint
presentation was concluded.
9:27:25 AM
CHAIR LYNN asked whether the special investigator appointed by
Governor Walker has subpoena power.
BRIGADIER GENERAL BRIDGES said he does not think the special
investigator has direct subpoena power, but he indicated that a
subpoena could be obtained through the governor or the Office of
the Attorney General.
9:27:47 AM
REPRESENTATIVE GRUENBERG stated that neither the special
prosecutor nor the attorney general has the subpoena power. In
response to Chair Lynn, he offered further information regarding
subpoenas.
9:29:04 AM
REPRESENTATIVE CLAMAN, regarding confidentiality, asked whether
discharge status is public record.
BRIGADIER GENERAL BRIDGES answered that it depends upon the
situation and legal advice. He relayed that recently, he was
asked by the previous governor to have a senior officer "move
on," and what the legal team allowed him to say was that that
brigadier general retired.
9:30:15 AM
REPRESENTATIVE LEDOUX asked whether subpoena power would
encompass obtaining confidential records.
BRIGADIER GENERAL BRIDGES said he does not know.
9:30:51 AM
REPRESENTATIVE GRUENBERG said an issue separate from subpoena
power is whether a person can be put under oath.
9:31:23 AM
BRIGADIER GENERAL BRIDGES presented the following Alaska
National Guard members: Chaplain Rick Koch, who has worked on
the previously mentioned issues facing the Alaska National
Guard; Major Douglas Edward Smith, who serves as the state equal
employment manager; Major Brian Fuchs, the state public marshal;
Lieutenant Colonel Olmstead, the director of public affairs;
Senior Master Sergeant Robert Carte, search and rescue
coordinator; Sergeant Monique Andrews, victim advocate
coordinator, who initiated a program in schools to prevent
sexual assault, hazing, harassment, and bullying; and Brigadier
General Tim O'Brien, the assistant adjutant general and
commander of the Alaska Air National Guard.
9:37:59 AM
BRIGADIER GENERAL BRIDGES, in response to Representative
Gruenberg, said the legal team for the Alaska National Guard
(AKNG) is currently involved in disciplinary boards; however, he
could arrange for them to meet with legislators over the next
few weeks. He said Dan Collins, a drill status colonel, is his
senior attorney and confirmed his staff also would be available
via conference call.
9:39:54 AM
REPRESENTATIVE KREISS-TOMKINS suggested sending a message to
other legislators that the experts from the Alaska National
Guard are present for the day.
9:40:49 AM
BRIGADIER GENERAL BRIDGES, in response to Representative
Vazquez, confirmed that after about a three-week pause, the
Alaska National Guard is once again visiting schools. He
indicated that a thorough background check is performed on those
going in to the schools.
9:41:55 AM
[VARIOUS COMMITTEE MEMBERS AND OTHER LEGISLATORS PRESENT
expressed their thanks to those present who serve in the Alaska
National Guard.]
9:45:25 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:45
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| AKNG_IPT_Overview_HSTA.pdf |
HSTA 1/29/2015 8:00:00 AM |
HSTA Overview Alaska National Guard |