Legislature(2003 - 2004)

02/27/2003 08:00 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 27, 2003                                                                                        
                           8:00 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bruce Weyhrauch, Chair                                                                                           
Representative Jim Holm, Vice Chair                                                                                             
Representative Nancy Dahlstrom                                                                                                  
Representative Bob Lynn                                                                                                         
Representative Paul Seaton                                                                                                      
Representative Ethan Berkowitz                                                                                                  
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING                                                                                                            
                                                                                                                                
Commissioner, Department of Public Safety                                                                                     
                                                                                                                                
     William Tandeske - Juneau                                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
WILLIAM TANDESKE, Commissioner                                                                                                  
Department of Public Safety                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as appointed commissioner of the                                                                 
Department of Public Safety.                                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-14, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  BRUCE WEYHRAUCH  called the  House State  Affairs Standing                                                             
Committee meeting  to order at  8:00 a.m.   Representatives Holm,                                                               
Seaton, Dahlstrom,  Gruenberg, and Weyhrauch were  present at the                                                               
call to  order.   Representatives Lynn  and Berkowitz  arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
CONFIRMATION HEARING                                                                                                          
                                                                                                                                
Commissioner, Department of Public Safety                                                                                     
                                                                                                                                
Number 0117                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that the committee  would consider the                                                               
appointment   of  William   Tandeske  as   commissioner  of   the                                                               
Department of Public Safety (DPS).                                                                                              
                                                                                                                                
Number 0150                                                                                                                     
                                                                                                                                
WILLIAM  TANDESKE,  Commissioner,  Department of  Public  Safety,                                                               
explained  his history  with DPS:     joining law  enforcement in                                                               
1973 and  becoming an  Alaska State Trooper  after he  turned 21;                                                               
being  promoted to  corporal in  1981,  to sergeant  in 1983,  to                                                               
first  sergeant in  1988, and  to  lieutenant in  1991, in  rural                                                               
enforcement and  then serving as deputy  detachment commander for                                                               
the  Interior  and the  Fairbanks  area;  being brought  back  to                                                               
Anchorage  to establish  the permits-and-licensing  function when                                                               
DPS  was implementing  sex-offender  registration and  concealed-                                                               
carry permits; taking back  responsibility for judicial services,                                                               
emergency operations,  and commercial vehicle  enforcement; being                                                               
promoted  to captain  and  taking  over administrative  services,                                                               
including  media  relations;  and  being promoted  to  major  and                                                               
becoming  deputy  director  of   the  Division  of  Alaska  State                                                               
Troopers in  1995, a post he  held until his retirement  June 30,                                                               
1999, a few weeks shy of 26 years with DPS.                                                                                     
                                                                                                                                
COMMISSIONER  TANDESKE   said  he  traveled   extensively  around                                                               
Alaska, working in  pretty much every function;  is familiar with                                                               
the  department's budget  processes  and  vehicle processes,  for                                                               
example;   and  is   a  graduate   of  the   Federal  Bureau   of                                                               
Investigation (FBI) national academy, 162nd session.                                                                            
                                                                                                                                
Number 0724                                                                                                                     
                                                                                                                                
COMMISSIONER  TANDESKE referred  to an  e-mail he'd  sent to  his                                                               
employees to  show his  philosophy and where  he intends  to take                                                               
the department.   He explained that  he'd provided a copy  to the                                                               
committee because he thinks it  speaks to questions the committee                                                               
may have  regarding his philosophical viewpoints.   He emphasized                                                               
the  importance of  recognizing all  the department's  employees,                                                               
not just the  high-profile ones in uniform, for what  they do and                                                               
contribute.    He  said  the   loyalty,  integrity,  and  courage                                                               
referenced in the e-mail apply  to everybody, and those words are                                                               
on the  side of all  the trooper cars;  whatever is done  is done                                                               
well,  professionally,  and  for  the right  reasons.    And  the                                                               
department is responsible to its constituents.                                                                                  
                                                                                                                                
Number 0954                                                                                                                     
                                                                                                                                
COMMISSIONER   TANDESKE,  regarding   his  approach   to  problem                                                               
solving,  said  he  feels very  strongly  that  [the  department]                                                               
should  give [a  problem] its  best shot,  in any  case, to  make                                                               
things  happen appropriately.   He  offered his  belief that  the                                                               
responsibility of DPS and all  government entities is to make the                                                               
system work  better.   He indicated it  isn't an  issue regarding                                                               
statutes.  He  also highlighted fundamental fairness  as an issue                                                               
for both [the department's] constituents and its employees.                                                                     
                                                                                                                                
COMMISSIONER TANDESKE told  the committee the baseline  of how he                                                               
operates is a foundational approach.   For example, currently DPS                                                               
is taking  a total look to  determine its mission and  focus, and                                                               
to  decide  what  structure will  best  accomplish  that,  versus                                                               
utilizing a reactive "Band-Aid approach."                                                                                       
                                                                                                                                
COMMISSIONER  TANDESKE said  he was  only partially  surprised to                                                               
come  back after  3.5 years  of retirement  and be  attempting to                                                               
answer some  of the same questions  from four or five  years ago.                                                               
He said there are systems in  place in regard to information that                                                               
the department  knows it  will be  asked for  every year,  and he                                                               
questioned why  it is so hard  to come up with  that information.                                                               
He added, "That's  part of that fundamental kind of  thing - that                                                               
we don't have to  go in the panic mode once  a year [over] things                                                               
that we knew were coming."                                                                                                      
                                                                                                                                
Number 1233                                                                                                                     
                                                                                                                                
COMMISSIONER   TANDESKE   emphasized   the  importance   of   not                                                               
forgetting that "we all started  on graveyard shift, with Tuesday                                                               
and Wednesday off."  When people  get into the position of making                                                               
policies, they need to remember  that those policies are there to                                                               
serve  their constituents  and to  support their  employees.   He                                                               
opined that once a person  forgets where he/she started and stops                                                               
wondering what  [the people working  at all levels]  are thinking                                                               
about regarding policies, then it  becomes a credibility issue as                                                               
well as an operational issue.                                                                                                   
                                                                                                                                
COMMISSIONER TANDESKE  said he  hears a  lot about  DPS's vessels                                                               
and airplanes, but  the core of the department  is its employees.                                                               
He said  the department will  support all its employees,  as well                                                               
as hold them all accountable, starting with the commissioner.                                                                   
                                                                                                                                
Number 1342                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM  related his understanding  that Commissioner                                                               
Tandeske  worked on  the original  "concealed-carry" legislation.                                                               
He  asked how  he  thinks  the program  has  progressed over  the                                                               
years.                                                                                                                          
                                                                                                                                
COMMISSIONER  TANDESKE replied  that to  date, he  has asked  the                                                               
"concealed-carry-permit  folks" to  send him  a packet  as if  he                                                               
were somebody  walking in  the door,  so he can  look at  what an                                                               
individual sees  and can consider  how cumbersome the  process is                                                               
and whether  it's working.  He  noted that he has  been away from                                                               
it awhile  and is  interested.  He  stated concern  that whatever                                                               
[DPS] does, it should protect  reciprocity with other states.  He                                                               
said  he personally  doesn't have  a  concealed-carry permit  [in                                                               
Alaska], but  does own a place  in Arizona, where he  may want to                                                               
carry a permit.                                                                                                                 
                                                                                                                                
Number 1445                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM  asked  Commissioner   Tandeske  if  he  was                                                               
familiar  with SB  242, which  relates to  reciprocity.   He note                                                               
that  Washington  State  and  Oregon   are  commonly  visited  by                                                               
Alaskans, and asked what could be done to get them on that list.                                                                
                                                                                                                                
COMMISSIONER TANDESKE responded that he  wasn't aware this was an                                                               
issue.   He suggested the states  could be contacted to  find out                                                               
what impediments to reciprocity exist.                                                                                          
                                                                                                                                
REPRESENTATIVE  HOLM  asked  Commissioner   Tandeske  if  he  was                                                               
familiar with HB 102, the "open concealed-carry law."                                                                           
                                                                                                                                
COMMISSIONER  TANDESKE answered  that he  has seen  a draft,  but                                                               
didn't have an observation about it.                                                                                            
                                                                                                                                
Number 1501                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM asked Commissioner  Tandeske for his thoughts                                                               
regarding registering the DNA of sex offenders, for example.                                                                    
                                                                                                                                
COMMISSIONER TANDESKE  replied that he feels  very strongly about                                                               
the subject.   He said he'd  had a very enlightening  briefing on                                                               
DNA issues  this week,  a presentation  from "our  lab personnel"                                                               
that he suggested many legislators would  be seeing.  He said the                                                               
possibilities  are  tremendous,  and   indicated  it  requires  a                                                               
database.   He noted that on  a national level, as  the databases                                                               
increase, the  solving of  cases is  skyrocketing.   He commented                                                               
that the  lab personnel are  excited about  what they do  and the                                                               
advances they are making.                                                                                                       
                                                                                                                                
COMMISSIONER  TANDESKE noted  that,  nationally,  people who  are                                                               
"getting  hits  on many  crimes"  come  from  a wide  variety  of                                                               
criminal backgrounds;  sex offenders  don't always stick  to just                                                               
sex offenses.   He said  he thinks  the committee will  hear that                                                               
states  with  very  broad  requirements  in  terms  of  convicted                                                               
criminal offenses have a very nice "solve" rate.                                                                                
                                                                                                                                
Number 1672                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  said,  as  chair  of  the  House  Special                                                               
Committee  on   Fisheries,  he  has  been   contacted  by  people                                                               
concerned  about  "mission  creep"   or  "mission  change."    He                                                               
mentioned so-called  brown-shirt fish  and game officers  and the                                                               
training  going away  from that  area of  expertise and  into the                                                               
regular trooper category.  He  clarified that the concern is that                                                               
expertise  in  the  mission  of the  fish  and  game  enforcement                                                               
officers might be lost.                                                                                                         
                                                                                                                                
COMMISSIONER TANDESKE responded  that he has heard from  a lot of                                                               
constituents  regarding that  issue.   He  said it  is a  broader                                                               
issue concerning  what belongs in  the department,  what doesn't,                                                               
what  the   department's  focus  is,   and  how  it   builds  its                                                               
infrastructure.  He said the  Alaska State Troopers and the "fish                                                               
and  wildlife  state troopers"  are  part  of the  bigger  issue,                                                               
although this is the one issue getting the most attention.                                                                      
                                                                                                                                
COMMISSIONER  TANDESKE  noted  that   "fish  and  wildlife  state                                                               
troopers"  are trained  as  state troopers.    He explained  that                                                               
there is  a component  of the public  safety academy  that "takes                                                               
them to specialties,  whereas the traditional blue  shirts ... go                                                               
a different direction."  He said  he can understand where some of                                                               
the anxiety is coming from,  because the issue being discussed is                                                               
whether those two enforcement divisions will merge.                                                                             
                                                                                                                                
Number 1805                                                                                                                     
                                                                                                                                
COMMISSIONER TANDESKE referred to  a "foundational approach" - an                                                               
inventory of  aircraft, vessels,  and vehicles to  determine what                                                               
is being done with them  and to determine cost-effectiveness.  He                                                               
said  it all  revolves  around the  best use  of  resources.   He                                                               
added, "Whatever  we do will  protect that expertise."   He noted                                                               
that the  bottom line  is the  budget.  He  said he  would rather                                                               
have "more  folks at  the ground level  providing service  than a                                                               
superstructure at the  top."  He said the easiest  thing would be                                                               
to follow the status quo, but something must give at some point.                                                                
                                                                                                                                
COMMISSIONER TANDESKE said  the issue is being  addressed and the                                                               
expertise  will not  be  lost.   He indicated  there  is a  clear                                                               
expectation, and  "on some level  it's happening now."   He said,                                                               
"These are  all commissioned state troopers  we're talking about.                                                               
And when we have  ... a homicide or we need  backup on a domestic                                                               
violence or  we ... need  a roadblock because a  convicted rapist                                                               
just escaped from  a prison, everybody comes to  a state trooper,                                                               
regardless of  what color that  uniform is."  He  emphasized that                                                               
it has to  be that way because DPS will  never have the resources                                                               
to do everything that needs done.                                                                                               
                                                                                                                                
COMMISSIONER TANDESKE noted that when  he was a trooper major, he                                                               
sent four  troopers to Bristol  Bay every  June and July  for the                                                               
Bristol Bay fishery because the  mission required it, even though                                                               
he couldn't afford to give up  four "blue shirts."  He said these                                                               
kinds of issues  all start with leadership and  remarked, "If the                                                               
leadership doesn't  allow 'mission  creep,' we'll  be okay."   He                                                               
concluded  that  he isn't  comfortable  saying,  "That's the  way                                                               
we've always done it.  How much  money are you going to give me?"                                                               
He said [DPS] must look at how it will get the job done.                                                                        
                                                                                                                                
Number 1974                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON   offered  the   example  of   the  Kodiak                                                               
fisheries'  total  restructuring  from a  "wide-open,  flare-open                                                               
kind of thing" to a slow fishery;  he said he thinks it was "four                                                               
vessels  and airplanes,  and everything  else, out  to enforce  a                                                               
fishery that is now market-controlled,  and there isn't really an                                                               
enforcement  issue."    He  added,   "In  addition  to  fairness,                                                               
accountability, and  those things, I think  the reasonableness of                                                               
where  the  'forestructure' goes  is  going  to be  an  important                                                               
component, from  what I've  seen, from ...  the fisheries  end of                                                               
things."  He said he  hoped Commissioner Tandeske would keep that                                                               
in mind.                                                                                                                        
                                                                                                                                
COMMISSIONER TANDESKE responded, "All that is being looked at."                                                                 
                                                                                                                                
Number 2050                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN  asked  Commissioner Tandeske  if  he  would                                                               
contemplate helping with negotiations  that would enable Alaskans                                                               
to carry firearms  across Canada, either from Juneau  or going to                                                               
and from the Lower 48.                                                                                                          
                                                                                                                                
COMMISSIONER  TANDESKE  answered  that  the  issue  is  difficult                                                               
because the Canadians are "pretty tight"  on that issue.  He said                                                               
the troopers  have had  issues crossing  the border  with weapons                                                               
themselves.   He  said if  it  were feasible,  he'd certainly  be                                                               
willing to  facilitate that.  He  added that he is  well aware of                                                               
the number of Alaskans who come and go across the border.                                                                       
                                                                                                                                
REPRESENTATIVE  LYNN   asked  that  Commissioner   Tandeske  lend                                                               
whatever help he can to those  who would be, perhaps, in a better                                                               
position to help negotiate [the issue].                                                                                         
                                                                                                                                
Number 2110                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN  said  he   has  a  particular  interest  in                                                               
homeland  security, particularly  for the  State of  Alaska.   He                                                               
asked Commissioner Tandeske for his comments.                                                                                   
                                                                                                                                
COMMISSIONER TANDESKE  noted that the department  is working with                                                               
the  Department of  Military &  Veterans' Affairs  regarding what                                                               
its role  will be.   He said the  nature of  DPS is such  that it                                                               
will  be at  the  forefront  of whatever  happens  because it  is                                                               
organized to  be easily  adaptable.  He  mentioned an  issue that                                                               
arose about  two weeks  ago, during a  meeting with  the homeland                                                               
security  group,  regarding  whether   or  not  to  reemploy  the                                                               
checkpoint on the  Dalton Highway.  He said he  could've had that                                                               
in place very shortly if need be.                                                                                               
                                                                                                                                
COMMISSIONER TANDESKE  told the  committee that a  rapist escaped                                                               
from the  Palmer correctional facility  and was caught  within an                                                               
hour.  He  noted that the only three state  troopers on [duty] in                                                               
the valley were there and,  fortunately, a helicopter was readily                                                               
available.  He  said, "You don't realize how short  of people you                                                               
are  until you  get  into  an armed  standoff."    He said  three                                                               
troopers don't  go very  far in those  situations.   He mentioned                                                               
the three  teams in  Kenai Peninsula,  the Matanuska  Valley, and                                                               
Fairbanks, and the  fish and wildlife troopers, and  he said, "We                                                               
all become troopers when certain things happen."                                                                                
                                                                                                                                
Number 2242                                                                                                                     
                                                                                                                                
REPRESENTATIVE LYNN  asked Commissioner  Tandeske what  top three                                                               
pieces of legislation in the House  he would urge to be sponsored                                                               
to assist the mission of public safety.                                                                                         
                                                                                                                                
COMMISSIONER   TANDESKE   answered   that  one   would   be   DNA                                                               
legislation,  which he  thinks  [would  benefit] law  enforcement                                                               
statewide.   Another  would be  flexibility surrounding  user-fee                                                               
issues.  He  mentioned budgets and restraints and  said there are                                                               
things DPS  is statutorily mandated to  do that cost money.   For                                                               
example,  there  have been  perhaps  up  to 39  avalanche-related                                                               
deaths  since  1997,  a  significant   issue  that  needs  to  be                                                               
addressed.  He  opined that the most valuable resource  he has is                                                               
his employees at the ground level who provide the service.                                                                      
                                                                                                                                
Number 2347                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN said  he  is a  strong  supporter of  public                                                               
safety.  He  asked Commissioner Tandeske to let him  know what he                                                               
can do to assist.                                                                                                               
                                                                                                                                
Number 2365                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  said he  has seen "mission  creep" when                                                               
the legislature passes  new laws and appropriations.   He said he                                                               
has  always commented  that "what  you're doing  is short-funding                                                               
the  troopers  every  time  we  pass   a  new  law."    He  asked                                                               
Commissioner Tandeske how  many troopers he has and  how many are                                                               
on duty at any one time.                                                                                                        
                                                                                                                                
COMMISSIONER TANDESKE  answered that he believes  the Division of                                                               
Alaska  State Troopers  has 251  "from  top to  bottom," and  the                                                               
Division of  Fish and Wildlife  Protection has 91,  including the                                                               
colonel and  the majors.   For example,  on a statewide  basis on                                                               
graveyard  shift tonight,  there  probably aren't  more than  15.                                                               
The 24-hour  posts will be  in the  Fairbanks, Matanuska-Susitna,                                                               
and Kenai Peninsula areas.  He  noted that the estimate was based                                                               
on  his  experience  from  four  years  ago,  but  said  he'd  be                                                               
surprised if it had changed much since then.                                                                                    
                                                                                                                                
Number 2449                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  commented  that   he  has  heard  some                                                               
unfortunate numbers regarding "solve"  rates, particularly on the                                                               
Kenai Peninsula.   He mentioned  single-digit rates and  asked if                                                               
they are accurate.                                                                                                              
                                                                                                                                
COMMISSIONER  TANDESKE answered  that he  hasn't looked  at solve                                                               
rates, but suspects  that's true.  He said this  issue is part of                                                               
readdressing what  DPS is  doing and  how it's  being done.   For                                                               
example, there are currently  three investigators, retired police                                                               
officers,  working  in Alaska  on  cold  cases; he  believes  two                                                               
previously unsolved  homicides will  go to grand  jury soon.   He                                                               
also  noted that  a patrol  sergeant has  been taken  out of  the                                                               
patrol function in Palmer and  is working property crime with APD                                                               
[Anchorage  Police  Department];  they  are about  to  close  out                                                               
approximately  32 burglary-theft-type  cases, with  two or  three                                                               
defendants, that have stretched from Anchorage to Talkeetna.                                                                    
                                                                                                                                
COMMISSIONER  TANDESKE  highlighted  the   question  of  how  DPS                                                               
approaches  issues:   whether  it should  continue  to use  three                                                               
troopers  to respond  after the  fact and  do reports,  or should                                                               
investigate.    He explained  that  there  is a  huge  difference                                                               
between  taking a  report and  investigating a  crime.   He said,                                                               
"That is part of our revisiting  of how we do business, and those                                                               
are examples, I think, where we will be doing better."                                                                          
                                                                                                                                
Number 2550                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  said he  has  heard  a complaint  from                                                               
other states  that the  federal government  has allocated  a fair                                                               
amount  of money  for homeland  security, but,  as far  as public                                                               
safety and law  enforcement, a lot of those funds  have come from                                                               
existing law enforcement  programs.  He asked if that  is true in                                                               
Alaska.                                                                                                                         
                                                                                                                                
COMMISSIONER  TANDESKE said  he  thinks there  is  some truth  to                                                               
that.   He  said, from  his department's  standpoint, he  did not                                                               
submit  some homeland  security issues  that he'd  inherited from                                                               
the last  administration, based on  "some of the scenarios  I was                                                               
working."  He said, "I know at  this point that I'm willing to be                                                               
providing a  position to the  homeland security office,  and past                                                               
that,  I'm not  sure."   He added,  "But, clearly,  there is  the                                                               
potential of impacting our department."                                                                                         
                                                                                                                                
REPRESENTATIVE BERKOWITZ asked, "More  for homeland security than                                                               
... traditional?"                                                                                                               
                                                                                                                                
COMMISSIONER TANDESKE  said it's  yet to  be determined,  but the                                                               
potential is there.                                                                                                             
                                                                                                                                
Number 2614                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ asked  Commissioner  Tandeske what  his                                                               
expectations are for the department's  budget being considered by                                                               
the legislature in the next week.                                                                                               
                                                                                                                                
COMMISSIONER TANDESKE  said it is  a moving target.   He reported                                                               
that the  position he has taken  is that the one  asset he cannot                                                               
give up  is state troopers.   He added, "State troopers  are only                                                               
as effective  as the  support they  get.   When you  start having                                                               
state  troopers  doing  filing because  you  don't  have  clerks,                                                               
that's not a good  thing either."  He said he  does not know what                                                               
his  final budget  will be,  but hopes  to know  that information                                                               
when he meets with the chief of staff.                                                                                          
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  referred   to  Village  Public  Safety                                                               
Officers (VPSOs) and  asked if there would be  a continued effort                                                               
to expand  the number of  communities that have  law enforcement.                                                               
He stated his understanding that  presently some communities have                                                               
no law enforcement whatsoever.                                                                                                  
                                                                                                                                
COMMISSIONER   TANDESKE  replied   that  [DPS]   would  certainly                                                               
[support] law  enforcement in rural  communities, which  he feels                                                               
strongly  about; however,  it  is yet  to  be determined  whether                                                               
VPSOs will be the vehicle.   Currently, there are 125-147 village                                                               
police  officers   in  59   communities  and   76  VPSOs   in  75                                                               
communities;  some of  those  overlap.   He  noted  that DPS  has                                                               
trained   approximately  185   village  police   officers,  using                                                               
(indisc.) funding.   He said DPS has been  training [VPSOs] since                                                               
the early  1990s; it isn't  something the department  is mandated                                                               
to do,  but it's  done in  support of rural  Alaskan issues.   He                                                               
reiterated  that  the department's  review  of  its function  and                                                               
cost-effective budgeting  is part  of the foundational  review it                                                               
is currently doing.                                                                                                             
                                                                                                                                
Number 2740                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ noted  the attention  given around  the                                                               
country  to  the  "broken  window   theory  of  crime"  regarding                                                               
addressing minor  crimes and  thereby having  a larger  impact on                                                               
reducing crime rates.  He asked the commissioner to comment.                                                                    
                                                                                                                                
COMMISSIONER  TANDESKE said  it certainly  has an  application in                                                               
juvenile issues;  when those  issues are  addressed appropriately                                                               
early, perhaps  it is possible  to keep  folks from ending  up in                                                               
the Cook  Inlet Pre-Trial  Facility at  some point.   He  said he                                                               
thinks  that ties  into his  previously stated  comment regarding                                                               
DNA and that  people doing crimes are also  "doing other things."                                                               
He said, "If you break the  window and leave a DNA sample because                                                               
you cut your hand on it, who  knows where that's going to show up                                                               
now, or  down the road."   He added, "I believe  that enforcement                                                               
of law  and the  punitive aspects  that come  after that  is only                                                               
part of  the equation in  terms of  addressing crime as  a whole.                                                               
The actual  enforcement of law  is not the  only means to  get to                                                               
where we need to be; it's just a component of that."                                                                            
                                                                                                                                
REPRESENTATIVE  BERKOWITZ mentioned  previous conversations  with                                                               
Commissioner [Tandeske]  and said  he appreciates  his commitment                                                               
to public safety and officer  safety; he expressed certainty that                                                               
the commissioner  will find  support throughout  the legislature,                                                               
and said he hopes he'll have the budget needed to do his job.                                                                   
                                                                                                                                
Number 2844                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG asked what efforts  DPS may be making to                                                               
encourage members of  minority groups who live in  urban areas to                                                               
become troopers.   He  noted that  his constituent  population is                                                               
made  up   of  many  young  people,   and  there  is  a   lot  of                                                               
unemployment.                                                                                                                   
                                                                                                                                
COMMISSIONER TANDESKE  replied that he hasn't  reached that level                                                               
yet in  his review of  the foundation; however, he  mentioned his                                                               
experience with the  department, outreach, and the  military as a                                                               
source of good candidates.  He  explained that the issue is about                                                               
finding people  who not only want  to be in law  enforcement, but                                                               
also want  to take  on the  special challenges  of being  a state                                                               
trooper.  For  example, if people don't know  better, the thought                                                               
of  being stationed  in Nome  is horrifying.   He  said he  tells                                                               
people  that  it  will  be  the  best  experience  of  their  law                                                               
enforcement  career  to  work  in rural  Alaska,  meet  with  the                                                               
elders, and deal with all the special challenges there.                                                                         
                                                                                                                                
Number 2952                                                                                                                     
                                                                                                                                
COMMISSIONER  TANDESKE  said   it  is  a  national   issue.    He                                                               
explained,  "Everyone's  looking  in  the  next  backyard:    New                                                               
Mexico's  looking in  Texas,  and Texas  is  looking in  Arizona.                                                               
Everyone's  looking for  qualified people  who ...  not only  are                                                               
willing  to do  the  job, but  can  do  the job."    He told  the                                                               
committee that [DPS] just started an  academy this week.  He said                                                               
it is not  uncommon to lose a trooper candidate  after three days                                                               
in  the academy;  it  takes a  lot to  get  through the  12-month                                                               
process  and get  hired.   He  added that  it's  a daunting  task                                                               
sifting through 1,000 applicants.                                                                                               
                                                                                                                                
TAPE 03-14, SIDE B                                                                                                            
Number 2977                                                                                                                     
                                                                                                                                
COMMISSIONER  TANDESKE  said  DPS  keeps   working  at  it.    He                                                               
mentioned finding  candidates that  make it through  the process,                                                               
the  academy,  and  a  field-training program.    He  added  that                                                               
someone who  makes it  through 20  years as  a state  trooper has                                                               
accomplished something pretty special.                                                                                          
                                                                                                                                
Number 2949                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  asked if people  with any type of  conviction on                                                               
their record  who apply  to be state  troopers can  be considered                                                               
for the job.                                                                                                                    
                                                                                                                                
COMMISSIONER  TANDESKE answered  that  there  are limitations  in                                                               
terms of  the number of  years since a  felony, for example.   He                                                               
noted that  certain statutes or  Alaska Police  Standards Council                                                               
(APSC) rules  would prevent  looking at  someone seriously  [as a                                                               
candidate].   In response  to a follow-up  question, he  said the                                                               
issue is with  regard to the kind of conviction,  not the fact of                                                               
conviction.   He  mentioned [a  restriction  regarding] a  felony                                                               
conviction  within the  last 10  years.   He  said violent  crime                                                               
issues,  for  example, would  make  it  unacceptable to  issue  a                                                               
person a  badge and gun.   He  explained, "There are  some things                                                               
that, rules aside,  would just not make [a  person] acceptable to                                                               
our department."                                                                                                                
                                                                                                                                
CHAIR WEYHRAUCH noted that Alaska has  the ability to set aside a                                                               
conviction, but doesn't expunge a  conviction from a record.  The                                                               
only way to do that is to have  a [pardon] from the governor.  He                                                               
asked Commissioner Tandeske for his  position on the ability of a                                                               
court  or  party to  expunge  a  conviction completely  from  the                                                               
record so that it no longer exists.                                                                                             
                                                                                                                                
COMMISSIONER TANDESKE replied  that he has such a  request on his                                                               
desk at present.   It is a  difficult issue in terms  of making a                                                               
recommendation to the  governor.  He noted that  the request that                                                               
is presently  before him is  a domestic-violence issue,  which is                                                               
something he feels very strongly about.                                                                                         
                                                                                                                                
CHAIR WEYHRAUCH clarified that he  wanted to know if Commissioner                                                               
Tandeske would be  open to considering an  expungement statute as                                                               
a piece  of legislation.  He  said it would give  some discretion                                                               
to the executive branch and the court system.                                                                                   
                                                                                                                                
COMMISSIONER  TANDESKE replied,  "With a  caveat of  'some things                                                               
are just not appropriate,' absolutely."                                                                                         
                                                                                                                                
Number 2815                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON encouraged  Commissioner Tandeske  to look                                                               
at how  DPS does things  and coordinates with  other departments.                                                               
He said  he thinks  it is costing  approximately $140,000  a year                                                               
for vessels  to purchase  fuel, "above  what it  would be  if you                                                               
were under the state ferry contract."  He said:                                                                                 
                                                                                                                                
     For some  reason, people have  been trying to  get this                                                                    
     rolled into the  state ferry contract.  We  have a very                                                                    
     good contract  with the  fuel distributors,  but you're                                                                    
     not included in that.  So,  you go pay the regular pump                                                                    
     price.  So I encourage you to  look at that as a way of                                                                    
     ... saving quite a bit of money.                                                                                           
                                                                                                                                
Number 2778                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM asked what kinds of vacancies exist.                                                                        
                                                                                                                                
COMMISSIONER TANDESKE  answered that if the  individuals who just                                                               
reported  to  Sitka  to  the   academy  are  counted,  there  are                                                               
currently  no  vacancies; however,  those  troopers  will not  be                                                               
ready to  work in  the field  on their  own for  at least  six to                                                               
seven  months.   He indicated  that  the issue  is regarding  the                                                               
retention of  quality people,  because it  is a  challenging job.                                                               
He said he'd  like a hundred dollars for every  time he worked as                                                               
the only  trooper in a  100-mile area.   There are many  parts of                                                               
the state where a trooper calls  for help and somebody has to get                                                               
out of bed to  lend a hand.  He said the folks  who are out there                                                               
[being state troopers] have his respect.                                                                                        
                                                                                                                                
Number 2695                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DAHLSTROM stated  that  she has  had several  in-                                                               
depth conversations  with Commissioner Tandeske and  is confident                                                               
of  his  ability  to  perform   the  functions  necessary  to  be                                                               
commissioner.   She added that  she is  also pleased that  he had                                                               
the opportunity to "start from the ground up."                                                                                  
                                                                                                                                
Number 2670                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted that a  trooper has had a  lot of                                                               
publicity recently because of "problems  of excess violence."  He                                                               
said he  didn't want  to get into  anything with  sensitive legal                                                               
implications, but asked  if that kind of an issue  has caused the                                                               
department to change its policy.                                                                                                
                                                                                                                                
COMMISSIONER TANDESKE responded no;  the policies in place within                                                               
DPS  are sound  and  solid.   He  said  he  was recently  briefed                                                               
regarding  that particular  case, but  was not  able to  speak in                                                               
detail about it.  He said  he thinks one disadvantage is that "we                                                               
will not, should not, and are  not able to litigate issues in the                                                               
press"; thus  there is  a one-sided view  of issues  "out there."                                                               
He said  the facts  will come  out in due  course, and  "they are                                                               
what they are."  He remarked  that he feels very comfortable with                                                               
[DPS's] policies and  training and added, "These  are things that                                                               
happen in a matter of seconds."                                                                                                 
                                                                                                                                
Number 2543                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG referred  to  homeland security  issues                                                               
and issues  of international implication, such  as Representative                                                               
Lynn's  previous  questions  regarding the  carrying  of  weapons                                                               
through Canada.   He said [DPS] is  increasingly interacting with                                                               
local  law  enforcement,  international  entities,  and  national                                                               
groups  in homeland  security and  other  areas.   He asked  what                                                               
problems the  department is having  and if there is  anything the                                                               
legislature can do to help solve those problems.                                                                                
                                                                                                                                
COMMISSIONER  TANDESKE  replied  that  the  ongoing  Alaska  Land                                                               
Mobile  Radio (ALMR)  project fits  in  with what  Representative                                                               
Gruenberg is  saying, in  that it brings  "all local,  state, and                                                               
federal  agencies   into  one   radio  interoperability   of  our                                                               
communication  systems."   He  said  it  is  a project  that  was                                                               
started approximately  in 1995, and  noted that he has  had three                                                               
meetings in  the last three days  on the project.   He said there                                                               
is a lot of federal funding, and  that there is a "DOD side and a                                                               
state side to  the project."  He said some  of the equipment from                                                               
the project will be on  display during Northern Edge exercises in                                                               
Valdez on March  10-14, and some of  the communications equipment                                                               
will be tested then.                                                                                                            
                                                                                                                                
COMMISSIONER TANDESKE pointed  out that right now,  if there were                                                               
a catastrophic  or natural  disaster in  Anchorage, the  issue is                                                               
how the  state troopers,  the APD, the  fire department,  and the                                                               
"petrol disaster  folks" would communicate  when they are  all on                                                               
different [radio] frequencies.  He  said this project is centered                                                               
through  the Department  of Administration  (DOA), not  DPS.   He                                                               
indicated the  issue of communication  is always in  a debriefing                                                               
after any major  event.  He gave the example  of troopers' having                                                               
a barricaded homicide suspect and  being restricted by the faulty                                                               
radios  and cell  phones  that require  the user  to  stand in  a                                                               
certain position.   He emphasized, "It gets  very, very difficult                                                               
to do operations when you can't communicate."                                                                                   
                                                                                                                                
Number 2367                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  mentioned a  problem in  Anchorage that                                                               
the  police were  trying to  solve on  their own.   The  officers                                                               
wanted to be able to carry  cell phones so they could communicate                                                               
directly  with  the community  patrol,  for  example; the  police                                                               
department  was discouraging  that,  however,  because it  wanted                                                               
everything  to  go  through   its  dispatchers.    Representative                                                               
Gruenberg said having  people communicate with each  other on the                                                               
scene  is important  and  could save  lives.   He  said he  hopes                                                               
Commissioner Tandeske  will take  the lead in  doing what  he can                                                               
and listening to the officers at all levels.                                                                                    
                                                                                                                                
Number 2282                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  referred to  a recent case  when people                                                               
were  getting shot  in  a house  in Eagle  River  and the  police                                                               
couldn't  find  the house;  some  of  the houses  aren't  visibly                                                               
marked  from the  street.   He said  he brought  up to  the local                                                               
assembly  that there  should be  a requirement  that every  house                                                               
should be marked  so that law enforcement  and emergency vehicles                                                               
can see it;  those in the community council  had suggested houses                                                               
should  be marked  from  the alleys  as  well.   He  said it  was                                                               
brought to his attention that  some law enforcement people didn't                                                               
want their houses marked, however,  for personal privacy reasons.                                                               
He  said he  thinks knowing  where  "the urgency"  is would  save                                                               
lives.  He asked Commissioner Tandeske to comment.                                                                              
                                                                                                                                
Number 2205                                                                                                                     
                                                                                                                                
COMMISSIONER  TANDESKE,  in  regard  to cell  phones  for  police                                                               
officers, said he has found  they are an "all-too-easy reason not                                                               
to look  a complainant in  the eye."   He said it's  so important                                                               
when a person calls for service  that someone shows up to talk to                                                               
that person.   Second, there are some safety issues,  and he told                                                               
the  committee that  he cringes  when  he sees  a police  officer                                                               
"driving around  with a cell  phone to his  ear."  He  noted that                                                               
there  are  jurisdictions where  that's  illegal.   He  said,  "I                                                               
certainly  support the  concept that  we're able  to talk  to the                                                               
folks that are out there volunteering  to help us do our jobs, as                                                               
long as we do it in an  appropriate manner and set a good example                                                               
for the public that we serve."                                                                                                  
                                                                                                                                
COMMISSIONER  TANDESKE, in  regard  to "house  marking," said  it                                                               
certainly makes life easy.   He related his experience in Palmer,                                                               
where not  much was marked  other than [along] the  Glenn Highway                                                               
and  the Parks  Highway.   He  said, "Part  of a  skill that  one                                                               
learns in law  enforcement is how to find  places under pressure,                                                               
in the dark, in bad weather,  and 'third house, second right, big                                                               
rock in the yard,'  whatever it is to get there."   He stated his                                                               
hope that  the state troopers never  get to the point  where they                                                               
rely on  computers so much that  they can't [find a  location] if                                                               
there is bad data  in the computer.  He said,  though, that he is                                                               
"for anything  that makes it  easier to  find them," and  he told                                                               
Representative Gruenberg that his point is well taken.                                                                          
                                                                                                                                
Number 2057                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  encouraged Commissioner Tandeske  to do                                                               
anything  he   can  to  make   ALMR  happen.    He   offered  his                                                               
understanding  that  during the  events  of  September 11,  2001,                                                               
there was "a large problem" between  the New York police and fire                                                               
departments.  He said he would  like to ensure that, in the event                                                               
of an emergency,  there are very clear hierarchies  and chains of                                                               
command in place so that everyone  knows who is in charge and who                                                               
makes the final decisions.                                                                                                      
                                                                                                                                
Number 1989                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  commented that the program  that sends uniformed                                                               
troopers to  the schools is  very effective.   He noted  that his                                                               
children always come home and talk about it.                                                                                    
                                                                                                                                
CHAIR WEYHRAUCH  said there  is at least  one unsolved  murder in                                                               
Juneau  and  other unsolved  crimes  in  other communities.    He                                                               
offered his understanding that part  of the problem is because of                                                               
a lack of admissible evidence  to bring the crime to prosecution.                                                               
He said another  problem, as he understands it, is  a lack of up-                                                               
to-date  training on  crime investigation  techniques.   He asked                                                               
whether   there   is  any   ability   for   troopers  and   local                                                               
jurisdictions  to work  together to  get training  so that  crime                                                               
scene  investigation can  be done  to  bring cases  to court,  to                                                               
prosecute some of the unsolved crimes.                                                                                          
                                                                                                                                
Number 1928                                                                                                                     
                                                                                                                                
COMMISSIONER  TANDESKE reiterated  his  previous  mention of  the                                                               
"cold  case group"  that  works on  old cases.    He advised  the                                                               
committee that  DPS hit a  very challenging time in  the build-up                                                               
of  the  pipeline  years.    There was  a  large  influx  of  new                                                               
employees;  when  they retired,  the  department  lost a  lot  of                                                               
experience.   "Just going to  training classes doesn't  fill that                                                               
void," he said.  Some [retirees]  work on a nonpermanent basis on                                                               
some of  the [cold] cases,  which brings the experience  back in.                                                               
There was also  a gap in hiring  for a while, and  thus there are                                                               
many "junior troopers."                                                                                                         
                                                                                                                                
COMMISSIONER  TANDESKE  said  there  is no  substitute  for  case                                                               
experience,  so  the department  is  looking  at some  innovative                                                               
ways, such as  the cold case group, to address  those issues.  He                                                               
added,  "I  believe  it's  working,  and  you'll  see  some  good                                                               
things."   Regarding  the DNA  legislation, he  stated, "I  think                                                               
that [if]  the right  thing gets  done, then  I think  you'll see                                                               
some cases solved rather quickly."                                                                                              
                                                                                                                                
Number 1796                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked   Commissioner  Tandeske  if  he                                                               
thinks  the use  of  cell  phones during  the  operation of  cars                                                               
should be illegal.                                                                                                              
                                                                                                                                
COMMISSIONER  TANDESKE   said  he  thinks  the   people  who  are                                                               
enforcing  laws  and  encouraging  public safety  should  set  an                                                               
example  of doing  "the safe  things."   He  clarified that  even                                                               
though  the use  of  cell phones  [while driving]  may  not be  a                                                               
violation  of regulations,  he thinks  it is  something that  law                                                               
enforcement  needs  to take  the  lead  on,  in terms  of  safety                                                               
issues.   In  further response,  he  confirmed that  he plans  to                                                               
institute a policy  for his department that would  not permit the                                                               
use of  cell phones while operating  [a vehicle].  He  noted that                                                               
at the Prudhoe Bay oil fields,  a person must pull over to answer                                                               
a cell  phone call.   He said he  is not comfortable  with having                                                               
state troopers driving around talking on cell phones.                                                                           
                                                                                                                                
Number 1700                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  noted that rural communities  don't usually have                                                               
troopers,  but do  have VPSOs.    He asked  if there  would be  a                                                               
problem in  using the budget  that would  be used to  finance the                                                               
trooper position, in  a large rural area  covering many villages,                                                               
for VPSOs  instead, to  make sure  that "there  is a  presence in                                                               
those rural communities."                                                                                                       
                                                                                                                                
COMMISSIONER TANDESKE responded that there  would be a problem in                                                               
doing  that, primarily  because state  troopers can  go anywhere,                                                               
anytime, and do anything without  reservation; in contrast, VPSOs                                                               
aren't  APSC-certified  and  [serve]   as  first  responders  for                                                               
anything  from   animal  control  to  "whatever   the  particular                                                               
community wishes  of them," but  will never  be in a  position to                                                               
take the place of  state troopers and what they can  do.  He said                                                               
when  he  gives up  a  state  trooper  from  anywhere to  fund  a                                                               
resource that has inherent limitations  built into it, then he is                                                               
losing all the  way around.  He explained that  it doesn't matter                                                               
how  many  VPSOs  exist;  he  will still  have  to  commit  state                                                               
troopers to support them.                                                                                                       
                                                                                                                                
Number 1600                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH said this is a  policy issue that will have to be                                                               
discussed  in  more detail,  because  the  rural communities  are                                                               
interesting in discussing it.                                                                                                   
                                                                                                                                
CHAIR  WEYHRAUCH   asked  Commissioner  Tandeske  what   sort  of                                                               
institutional memorials  the department  has for  officers killed                                                               
in the line of duty.                                                                                                            
                                                                                                                                
COMMISSIONER TANDESKE  said there  is a peace  officers' memorial                                                               
in front of the state crime  lab in Anchorage that covers all law                                                               
enforcement in  Alaska.  He  noted that  there are places  in the                                                               
commissioner's  office  in Juneau  and  in  the headquarters  [in                                                               
Anchorage] that commemorate those individuals.                                                                                  
                                                                                                                                
CHAIR  WEYHRAUCH  remarked that  it  is  an inherently  dangerous                                                               
profession that needs  to be recognized by the public.   He noted                                                               
that Adair-Kennedy Memorial  Park [in Juneau] is  named after two                                                               
police officers killed in the line of duty.                                                                                     
                                                                                                                                
COMMISSIONER TANDESKE noted  that a friend of his  was wounded in                                                               
that exchange as well.                                                                                                          
                                                                                                                                
CHAIR  WEYHRAUCH   said  his  final  question   for  Commissioner                                                               
Tandeske was:   "Why  should the legislature  confirm you  to the                                                               
commissioner position?"                                                                                                         
                                                                                                                                
Number 1489                                                                                                                     
                                                                                                                                
COMMISSIONER  TANDESKE  responded  that  besides  his  previously                                                               
stated  qualifications  and  philosophies, which  he  thinks  are                                                               
absolutely appropriate for the challenges,  he has a knowledge of                                                               
and absolute  commit to  the organization.   He  said he  grew up                                                               
with  the department  for virtually  all  of his  adult life  and                                                               
loves it.   Just as there is no substitute  for experience, there                                                               
is also  no substitute  for caring  about what  one does  and the                                                               
people  one works  with.   He  told the  committee  that he  also                                                               
brings  a lot  of  energy and  has a  reputation  within the  law                                                               
enforcement community  that allows him  to work with  agencies at                                                               
all levels.   He  concluded that  he guesses  the bottom  line is                                                               
this:  he is a guy whose track record says he gets things done.                                                                 
                                                                                                                                
Number 1429                                                                                                                     
                                                                                                                                
CHAIR   WEYHRAUCH   expressed   appreciation   for   Commissioner                                                               
Tandeske's  move to  Juneau.   He  posited that  not  only is  it                                                               
important to be  close to the governor, but  also the legislature                                                               
appreciates  the ability  to call  on the  commissioner and  have                                                               
that person present when the legislature is in session.                                                                         
                                                                                                                                
[Although  no  formal  motion  was   made,  the  confirmation  of                                                               
Commissioner Tandeske  was advanced from the  House State Affairs                                                               
Standing Committee.]                                                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 1367                                                                                                                     
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State  Affairs  Standing  Committee   meeting  was  adjourned  at                                                               
9:18 a.m.                                                                                                                       

Document Name Date/Time Subjects