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
+ 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 |
|---|