Legislature(2011 - 2012)CAPITOL 106
03/01/2012 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): State Commission on Human Rights | |
| Board of Parole | |
| Personnel Board | |
| Alaska Police Standards Council | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 1, 2012
8:09 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Paul Seaton
Representative Max Gruenberg
Representative Pete Petersen
Representative Kyle Johansen
MEMBERS ABSENT
Representative Peggy Wilson
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Commission on Human Rights
Christa Bruce - Ketchikan, Alaska
Joann Holmes - Kodiak, Alaska
Joyce Skaflestad - Hoonah, Alaska
- CONFIRMATION(S) ADVANCED
Board of Parole
Michael Stark - Juneau, Alaska
- CONFIRMATION(S) ADVANCED
Personnel Board
Alfred Tamagni, Sr. - Anchorage, Alaska
- CONFIRMATION(S) ADVANCED
Alaska Police Standards Council
Gustaf Sandahl - Kenai, Alaska
Brad Reich - Kiana, Alaska
Jamie Sunderland - Unalaska, Alaska
Sheldon Schmitt - Sitka, Alaska
Ronald F. Taylor - Anchorage, Alaska
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
CHRISTA BRUCE, Appointee
State Commission for Human Rights
Ketchikan, Alaska
POSITION STATEMENT: Testified as appointee to the State
Commission for Human Rights.
JOANN HOLMES, Appointee
State Commission for Human Rights
Kodiak, Alaska
POSITION STATEMENT: Testified as appointee to the State
Commission for Human Rights.
JOYCE SKAFLESTAD, Appointee
State Human Rights Commission
Hoonah, Alaska
POSITION STATEMENT: Testified as appointee to the State Human
Rights Commission.
MICHAEL STARK, Appointee
Board of Parole
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Parole.
ALFRED TAMAGNI, SR., Appointee
State Personnel Board
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the State
personnel Board.
GUSTAF SANDAHL, Appointee
Alaska Police Standards Council
Kenai, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council (APSC).
KELLY ALZAHARNA, Executive Director
Alaska Police Standards Council (APSC)
Juneau, Alaska
POSITION STATEMENT: Provided information during the
confirmation hearing for the appointees to the Alaska Police
Standards Council (APSC).
BRAD REICH, Appointee
Alaska Police Standards Council (APSC)
Kiana, Alaska
POSITION STATEMENT: Testified as appointee to the APSC.
JAMIE SUNDERLAND, Appointee
Alaska Police Standards Council (APSC)
Unalaska, Alaska
POSITION STATEMENT: Testified as appointee to the APSC.
SHELDON SCHMITT, Appointee
Alaska Police Standards Council
Sitka, Alaska
POSITION STATEMENT: Testified as appointee to the APSC.
RONALD TAYLOR, Appointee
Alaska Police Standards Council (APSC)
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the APSC.
ACTION NARRATIVE
8:09:18 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:09 a.m. Representatives Keller, Seaton,
and Lynn were present at the call to order. Representatives
Johansen, Gruenberg, and Petersen arrived as the meeting was in
progress.
^ CONFIRMATION HEARING(S): State Commission on Human Rights
CONFIRMATION HEARING(S): State Commission on Human Rights
8:11:08 AM
CHAIR LYNN announced that the first order of business was the
confirmation hearing for the appointees to the State Commission
for Human Rights.
8:11:31 AM
CHRISTA BRUCE, Appointee, State Commission for Human Rights,
said she is a long-time Alaskan who understands and values both
what it means to be a citizen and the obligation to serve. She
said she would like to be involved in the process of ensuring
that people are treated fairly under the law and the Alaska
Constitution. She said she is happy to report that members of
the commission are available to speak directly to members of the
public. Ms. Bruce stated that it would be an honor to serve on
the commission.
8:15:58 AM
JOANN HOLMES, Appointee, State Commission for Human Rights,
offered a brief personal history. She said her work background
in Alaska Native Regional nonprofit organizations has provided
her with experience in planning, goal setting, and
administrating activities and work plans. She listed some of
her work experience, including having served on the Alaska
Commission on Judicial Conduct, the Alaska Sentencing
Commission, and former Governor Egan's [Model Children's Code]
Task Force. She said both her work and volunteer background
give her a great deal of experience in developing work plans and
providing leadership, and she said she looks forward to
continuing her service on the State Commission for Human Rights.
8:17:44 AM
REPRESENTATIVE GRUENBERG expressed concern that cases have
languished in front of the commission, and he mentioned an
audit. In response to the chair, he said he does not know if
the concern has anything to do with the present nominee.
CHAIR LYNN offered his understanding that "these questions" have
nothing to do with the current nominees.
8:20:13 AM
REPRESENTATIVE SEATON asked Ms. Holmes if she thinks she would
have any problem being able to adjudicate or impartially
consider any discrimination cases that would come before the
commission.
MS. HOLMES answered no. Regarding the audit mentioned by
Representative Gruenberg, she said she is fully aware of the
content of the audit and thinks that "it didn't sound real
good."
REPRESENTATIVE SEATON said the role of the commission needs to
be fully enacted.
8:22:38 AM
REPRESENTATIVE GRUENBERG said his staff prepared a list of
questions - [included in the committee packet] - in response to
the aforementioned audit, and he suggested that reading the list
may give committee members ideas for questions they would like
to ask the individual appointees. In response to the chair, he
said the audit was of the State Commission for Human Rights and
was conducted on October 10, 2011.
8:24:05 AM
REPRESENTATIVE SEATON said he thinks the committee needs
ascertain if the [appointees] are aware of the audit and are
willing to implement the recommendations.
8:25:03 AM
JOYCE SKAFLESTAD, Appointee, State Human Rights Commission, said
she has been nominated to fill a public seat on the commission.
She referred to her resume [included in the committee packet]
and listed skills she possesses that pertain to work on the
commission. She said her most recent employment as a magistrate
in the Alaska Court System has provided her with a working
knowledge of Alaska statutes and regulations, an understanding
of the importance of the timely resolution of cases, and
opportunities to pay attention to detail. She stated her belief
that as a magistrate, her primary goal was to ensure that
defendants and litigants coming before the court understood
their rights and responsibilities in the process of the court
system and to make informed decisions based on the law and
evidence presented. She said she can carry these principles
over to serving on the commission. She stated her belief that
her purpose in life is to serve, and she welcomes the
opportunity to serve the State of Alaska. Ms. Skaflestad said
she is not familiar with the mentioned audit, but would be
willing to read it and would be willing to put forth the
recommendations that are encompassed in it.
8:26:48 AM
MS. SKAFLESTAD, in response to Representative Gruenberg,
confirmed it is her first appointment to the commission. In
response to follow-up questions, she offered further details
related to her resume and the types of cases and trials she
handled.
8:29:52 AM
REPRESENTATIVE GRUENBERG said he cannot recall any other
appointees to the commission who had judicial experience, and he
thinks Ms. Skaflestad's background will be helpful to the
commission.
8:31:21 AM
REPRESENTATIVE KELLER moved to advance the confirmations of
Christa Bruce, JoAnn Holmes, Joyce Skaflestad, appointees to the
State Commission For Human Rights, to the joint session for
consideration. There being no objection, the confirmations were
advanced.
8:31:40 AM
The committee took an at-ease from 8:32 a.m. to 8:33 a.m.
^Board of Parole
8:33:36 AM
CHAIR LYNN announced that the next order of business was the
confirmation hearing for the appointees to the Board of Parole.
8:33:49 AM
MICHAEL STARK, Appointee, Board of Parole, said he has served on
the board for two five-year terms, and this nomination is for a
third term. He offered a brief work history, including that he
worked for the Office of the Attorney General as lead council
for the Department of Corrections and the Board of Parole. He
related that the membership of the Board of Parole elects its
own vice chair, a position he said he has held for the past six
to seven years. He said it is an honor to serve on the board,
and he offered to answer questions.
8:34:59 AM
MR. STARK, in response to Chair Lynn, said two-thirds of the
board's work is in revocation hearings and only one-third of its
work is in discretionary hearings. He said the most challenging
aspect of serving on the board is making decisions related to
those who have committed the most serious offenses. He said the
board's number one concern is public safety, and its secondary
concern is the rehabilitation of the offender; the board must
balance those interests.
8:36:46 AM
REPRESENTATIVE KELLER thanked Mr. Stark for his service to the
state.
MR. STARK said there are enough success stories to make the job
worthwhile.
8:37:20 AM
REPRESENTATIVE GRUENBERG related his long association with Mr.
Stark, posited that those who serve a long time provided
important "institutional memory," and he stated his support of
Mr. Stark's appointment.
8:40:18 AM
MR. STARK, in response to Representative Johansen, said there
are set conditions of parole, specific to the offender, which
are based on the person's criminal history, for example, whether
the person is a substance abuser, has mental health issues, or
is a sex offender. He said there are programs that give
offenders the tools to help prevent a repeat of the offenses.
He said those who commit themselves to the programs have the
best likelihood of success.
8:41:41 AM
MR. STARK, in response to Representative Seaton, said that other
than working closely with the Department of Corrections, the
board has little influence over what happens before offenders
are release on mandatory parole. He talked about individual
assessment and following the offender as he/she moves out into
the community, and he said there is a science that can be
pursued to lessen the cost to society of some of the costs of
corrections and to minimize recidivism.
8:46:43 AM
The committee took a brief at-ease.
8:47:01 AM
REPRESENTATIVE KELLER moved to advance the confirmation of
Michael Stark, appointee to the Board of Parole, to the joint
session for consideration. There being no objection, the
confirmation was advanced.
8:47:09 AM
The committee took an at-ease from 8:47 a.m. to 8:49 a.m.
^Personnel Board
Personnel Board
8:48:55 AM
CHAIR LYNN announced that the next order of business was the
confirmation hearing for the appointee to the Personnel Board.
8:49:02 AM
ALFRED TAMAGNI, SR., Appointee, State Personnel Board, as
appointee to the State Personnel Board, said he has served on
the board for the past six years and would like to be
reappointed and confirmed. He talked about changes made to the
board since his service on it, including a training manual, put
together with the Office of the Attorney General, for all ethics
supervisors in state agencies, public corporations, boards, and
commissions. He said changes were also made to streamline the
case workload. In response to the chair, he said the number of
cases ranges from two to twenty. He said the board handles
complaints related to public officials, whereas other complaints
are handled by the Office of the Attorney General, which keeps
the board apprised of its decisions. He offered further
details. He provided response to questions about how the board
handles confidentiality.
8:58:29 AM
REPRESENTATIVE JOHANSEN said he has seen Mr. Tamagni, Sr., on
television, and said the appointee appears to be active in the
community and public service. He opined that Mr. Tamagni, Sr.,
is exactly the type of person for this position, and he thanked
him for putting his name forward again.
9:00:44 AM
MR. TAMAGNI, SR., responding to further questions from the chair
regarding confidentiality, said the board follows the law.
9:01:06 AM
REPRESENTATIVE GRUENBERG expressed appreciation for Mr. Tamagni,
Sr.'s willingness to serve on the board.
MR. TAMAGNI, SR., in response to Representative Gruenberg, said
he thinks the total of three people who serve on the board is
enough, and he addressed the concern about harassment by
multiple complaints. He said he has a problem with the money
that tax payers put forth for complaints that have no basis from
the start. He said he thinks this issue should be studied. He
offered further details. In response to a follow-up question,
he stated his belief that someone who has had a complaint filed
against him/her and has had to hire an attorney, who is
subsequently found not guilty of the charge, should be
reimbursed the attorney fees by the state.
9:08:24 AM
MR. TAMAGNI, SR., in response to the chair, said board
attendance has not been a problem, and he reviewed the process
of the board. In response to Representative Gruenberg, he
reviewed that the board handles complaints against the executive
branch. In response to Chair Lynn, he addressed the issue of
conflict of interest. He said in a case where there is a
complaint against the governor, and the board has a list of
three attorneys, an attorney with a relationship with the
governor or governor's staff should recuse him/herself.
9:13:39 AM
REPRESENTATIVE KELLER moved to advance the confirmation of
Alfred Tamagni, Sr., appointee to the Personnel Board, to the
joint session for consideration. There being no objection, the
confirmation was advanced.
9:14:05 AM
The committee took an at-ease from 9:14 a.m. to 9:16 a.m.
^Alaska Police Standards Council
Alaska Police Standards Council
9:16:20 AM
CHAIR LYNN announced that the last order of business was the
confirmation hearing for the appointees to the Alaska Police
Standards Council.
9:16:49 AM
GUSTAF SANDAHL, Appointee, Alaska Police Standards Council,
after a brief account of his education and employment
background, noted that he has served on several community and
law enforcement boards and committees. He related that he is a
polygraph examiner with experience doing both criminal and pre-
employment examinations, which is a job that requires trust from
others and a roll that sharpens a person's perspective regarding
the hiring standards for police officers. He stated that he
brings over 16 years of law enforcement experience to the
council, and said he has high expectations for the standards,
conduct, and proficiency of Kenai's officers, and he said he
will bring that same expectation to the council. He stated that
after nine years as a supervisor, he has dealt with a number of
personnel issues and is comfortable with the role he will play
on the council. He said he looks at cases objectively and will
do his part to maintain the standards and hold officers
accountable. He related that he has been Outside for training
with officers from all over the world, as well as attending the
FBI National Academy, and he opined that Alaska law enforcement
has some of the most ethical law enforcement officers. He
expressed his willingness to volunteer time on the council.
9:20:53 AM
MR. SANDAHL, in response to the chair, offered further
information related to polygraph tests, and opined that the test
is a valuable and reliable tool used by the police department.
9:23:41 AM
MR. SANDAHL, in response to Representative Gruenberg, reviewed
the fluctuations in numbers of officers serving on the City of
Kenai Police Department over the years.
REPRESENTATIVE GRUENBERG remarked that Mr. Sandahl sounds like
he is well-qualified.
9:25:05 AM
REPRESENTATIVE SEATON expressed concern about [police and public
safety officers] authorized to carry weapons who have complaints
against them that are kept confidential. He related an example.
MR. SANDAHL said the City of Kenai Police Department is ethical
in investigating its own, and would investigate and hold the
officer in question fully accountable. However, until charged,
that information is not going to be released.
REPRESENTATIVE SEATON asked Mr. Sandahl how the APSC would
handle multiple complaints regarding abuse of power.
MR. SANDAHL said he is not sure how public those records are,
for example, in a case where the officer had been terminated but
not criminally charged.
REPRESENTATIVE SEATON reiterated his concern for a balance
between confidentiality of disciplinary action and public
awareness.
9:32:30 AM
KELLY ALZAHARNA, Executive Director, Alaska Police Standards
Council (APSC), offered further information related to
disciplinary action. She said problems within a police
department are handled internally, and the APSC may or may not
get notice of it, depending on the severity or the outcome. The
council can start an independent investigation when it hears of
an incident through, for example, citizen complaints.
9:34:25 AM
BRAD REICH, Appointee, Alaska Police Standards Council (APSC),
told the committee that he is the current mayor of Kiana,
Alaska, and serves on several boards and on the [Northwest
Arctic Borough] Public Safety Commission. He said he looks
forward to serving on the APSC.
9:36:08 AM
JAMIE SUNDERLAND, Appointee, Alaska Police Standards Council
(APSC), relayed that has been in law enforcement for just over
16 years, the last 4.5 of which he has served as the director of
Public Safety and the Chief of Police in Unalaska, in Dutch
Harbor. He said he also serves on the State Emergency Response
Commission. He shared his education experience, noting that he
is a graduate of the Federal Bureau of Investigation (FBI)
National Academy. He expressed concern about the certifications
of both police and corrections officers, and said he looks
forward to serving on the council. He indicated that he could
bring a rural, non-road system perspective to [the council].
9:38:14 AM
SHELDON SCHMITT, Appointee, Alaska Police Standards Council,
said he has served on the APSC since 2008, and he was recently
elected to chair the council. He said he has worked in law
enforcement for 17 years, for the past 5 years as chief of
police in Sitka. He said he wants to continue to serve on the
council. In response to Representative Gruenberg, he said he
has ideas about the future of the council and current
legislation related to the council to speak about at another
time.
9:41:21 AM
RONALD TAYLOR, Appointee, Alaska Police Standards Council
(APSC), stated that he is currently the director of the Division
of Probation and Parole, within the Department of Corrections.
He related that formerly, he served as the executive director
for the Board of Parole for three years, and spent 18 years as
the program manager and probation officer for the Alcohol Safety
Action Program (ASAP). He said the Offender Management Plan, to
which Mr. Stark alluded, follows a person throughout the system
and is used by "all" to ensure people's needs and risk factors
are being addressed. In response to Chair Lynn, he offered a
brief summary of the purpose of the APSC.
9:45:00 AM
MR. TAYLOR, in response to Representative Petersen, said he
could not speak to recommendations regarding forensic testing at
this time. In response to Representative Seaton and Chair Lynn,
he offered information regarding the public's awareness of how
complaints are addressed and now the APSC is involved.
9:48:51 AM
MS. ALZAHARNA offered further details to Mr. Taylor's response.
9:51:06 AM
REPRESENTATIVE JOHANSEN observed that most of the meeting had
been spent asking about the function of the various boards and
councils, and he indicated that should be done in overviews. He
suggested that instead the committee focus its questions on
asking the individual appointees what they can bring to the
council. He concluded by stating his support of "the
applicant."
9:52:48 AM
REPRESENTATIVE KELLER moved to advance the confirmations of
Gustaf Sandahl, Brad Reich, Jamie Sunderland, Sheldon Schmitt,
and Ronald Taylor, appointees to the Alaska Police Standards
Council, to the joint session for consideration. There being no
objection, the confirmations were advanced.
9:53:36 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:54
a.m.
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