Legislature(2019 - 2020)CAPITOL 106
03/19/2019 08:00 AM House TRIBAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Rural Public Safety and Justice | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS
March 19, 2019
8:03 a.m.
MEMBERS PRESENT
Representative Tiffany Zulkosky, Chair
Representative Bryce Edgmon, Vice Chair
Representative John Lincoln
Representative Dan Ortiz
Representative Chuck Kopp
Representative Dave Talerico
MEMBERS ABSENT
Representative Sarah Vance
OTHER LEGISLATORS PRESENT
Representative Hopkins
Representative Kreiss-Tomkins
Representative Hannon
Representative Fields
COMMITTEE CALENDAR
PRESENTATION(S): RURAL PUBLIC SAFETY AND JUSTICE
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
VIVIAN KORTHIUS, Chief Executive Officer
Association of Village Council Presidents
Juneau, Alaska
POSITION STATEMENT: Presented on the Village Public Safety
Officer program.
AMANDA PRICE, Commissioner Designee
Department of Public Safety
Juneau, Alaska
POSITION STATEMENT: Presented on the Department of Public
Safety.
CAPTAIN ANDREW MERRIL, Statewide Program Coordinator
Alaska State Troopers, VPSO Program
Anchorage, Alaska
POSITION STATEMENT: Answered questions pertaining to the
Village Public Safety Officer program.
ACTION NARRATIVE
8:03:32 AM
CHAIR TIFFANY ZULKOSKY called the House Special Committee on
Tribal Affairs meeting to order at 8:03 a.m. Representatives
Zulkosky, Ortiz, Edgmon, Lincoln, Kopp, and Talerico were
present at the call to order. Other legislators present were
Representatives Hopkins, Kreiss-Tomkins, Hannon, and Fields.
^PRESENTATION(S): RURAL PUBLIC SAFETY AND JUSTICE
PRESENTATION(S): RURAL PUBLIC SAFETY AND JUSTICE
8:04:09 AM
CHAIR ZULKOSKY announced that the only order of business would
be a presentation on rural public safety and justice.
8:05:30 AM
VIVIAN KORTHIUS relayed her upbringing in the Yukon Kuskokwim
Delta (Y-K Delta), her familial relations, educational
background, and current pursual of a Ph.D. in Indigenous
Research at University of Alaska Fairbanks (UAF). She stated
that she has worked for the Association of Village Council
Presidents (AVCP) for the last 16 years, as Chief Executive
Officer for the last two years. She relayed that her work
experience spans healthcare and social service delivery in the
Y-K Delta and high school instruction in Bethel.
MS. KORTHIUS began her PowerPoint presentation. She stated that
AVCP is the regional native nonprofit for the Y-K Delta region
in Western Alaska; AVCP encompasses 48 villages along the Yukon
river, Kuskokwim river, and the Bering Sea coast and covers 56
federally recognized tribes. She emphasized AVCP's service
area, which comprises 23 percent of Alaska's tribes and 10
percent of the tribes in the nation; AVCP is also the largest
native consortium in the country with a service delivery model
that provides services to villages as sub-regions and in Bethel
as a hub. She shared that the tribes meet annually in Bethel
and can meet AVCP's executive board.
MS. KORTHIUS shared that AVCP was the first contractor in the
state to provide public safety and it is vested in the idea of
public safety. She shared that the Village Public Safety
Officer (VPSO) program initially grew but declined with time.
She said, "It's a valid service that we provide, and we believe
that it is necessary in all of our villages." She noted that,
upon learning that 88 percent of the communities in the AVCP
region do not have a VPSO, AVCP and tribal delegates prioritized
the issue at their annual convention. She stated that this
translates into six VPSOs for 48 villages, which she referred to
as a crisis.
8:11:21 AM
MS. KORTHIUS stated that the region has VPSOs, Village Police
Officers (VPOs), Tribal Police Officers (TPOs), and Alaska State
Troopers (ASTs). She stated that at AVCP's annual convention,
it established public safety as the "number one" priority for
AVCP. She noted that the VPSO program originated in the AVCP
region; AVCP held the first VPSO contract in the state. She
said, "It's a real story that we're very, very proud of because
a lot of the solutions that ... work nowadays have roots in the
region. She emphasized that public safety solutions come from
the communities and were created to suit the specific needs of
the region. She relayed that some of the current VPSOs have
been in the program since it began. She said, "That memory is
there and the intent and the belief in this program is real in
our villages."
MS. KORTHIUS stated that VPSOs are employed by the regional
Native nonprofit corporations, tribe, or borough. Contracting a
VPSO placement requires a memorandum of agreement (MOA) between
the nonprofit corporation, State of Alaska Department of Public
Safety (DPS), and the local governing body, such as a tribe or
municipal government. She stated that AVCP ensures that this
understanding is present in every VPSO placement.
MS. KORTHIUS relayed that the program began in 1979; public
safety housing and facilities are provided by the village
governing body. She relayed that the director of public safety
in the AVCP region works to ensure that tribes, cities, and
villages have strong working relationships to best facilitate
AVCP's provision of services. She relayed that VPSOs partake in
a 15-week Alaska Law Enforcement Training (ALET) course - the
same as ASTs - and must pass a background check and physical
test. She shared that, going forward, she would discuss the
issues with the VPSO program and implored the members to
consider how to move forward.
8:16:01 AM
MS. KORTHIUS shared that VPSO training focuses on law
enforcement, search and rescue, emergency medical services, fire
safety, and water safety. These foci, however, do not reflect
the true purview of a VPSO. She remarked, They are so much
more than this. ... In our villages, the VPSO and the health
aide are the right hand and the left hand of every community."
She relayed that the AVCP region has only six VPSOs, which
allows one officer for every eight communities. Ms. Korthius
asserted that she finds it incomprehensible that there are
only [six] VPSOs available to serve 48 villages.
MS. KORTHIUS stated that VPOs are employed by the municipal
government and the program is funded by the city. The TPOs are
employed by the tribal government; the program is funded through
the tribe, grants, and community events such as bingo or bake
sales, which indicates that the program does not have dependable
funding. The AST program is funded by the state through DPS.
8:19:36 AM
MS. KORTHIUS elucidated upon barriers to the provision of rural
law enforcement. She stated that the requirement to arm VPSOs
resulted in a more stringent background check and that this, in
effect, created a barrier for some candidates. In addition,
background checks can take up to five months, which can
frustrate applicants and make the VPSO career path unattractive.
She noted other barriers to recruitment such as prior drug use,
family and community support, and the challenge posed by the
possibility of arresting family members or friends. Ms.
Korthius relayed an anecdote of a recent candidate who left
training early because of the extended separation from and the
distance between himself and his family. She asserted the need
for a new model that would facilitate training while also
accommodating individuals' need to stay close to home and
connected to their community. Ms. Korthius shared that another
barrier to recruitment is the lack of public safety
infrastructure such as jail cells, office buildings, and
housing, which AVCP is working to address. Last, the nature of
the position can be a barrier in itself; VPSOs work alone,
experience isolation in their community, and experience
secondary trauma as a product of their job.
8:25:03 AM
REPRESENTATIVE LINCOLN asked for the year of enactment of the
requirement to arm VPSOs.
MS. KORTHIUS responded that arming VPSOs began four to five
years ago.
8:25:28 AM
MS. KORTHIUS imparted that public safety is the "number one"
priority of the AVCP region. She shared that, two years ago,
AVCP began an information gathering process to establish a
baseline for the need of public safety and obtain objective
measures of the problem. She relayed that AVCP subsequently
wrote a statewide strategic plan, created a public safety
facility assessment, and held a public safety summit.
MS. KORTHIUS stated that AVCP convened stakeholders,
contractors, the Department of Law (DOL), and DPS, and
collaboratively developed a strategic plan. She said, "That
strategic plan is really what's guiding what should be guiding
the discussion about public safety in all of rural Alaska.
The priorities advanced in the strategic plan include increased
communication between stakeholders and the ability for every
community to have a VPSO, at their request, accommodated by the
creation of a "pipeline.
8:30:56 AM
CHAIR ZULKOSKY stated that this priority advocates funding all
of the necessary positions and providing necessary support
infrastructure. She asked for Ms. Korthius to define "necessary
support infrastructure."
8:31:23 AM
MS. KORTHIUS stated that this refers to all equipment, training,
resources, housing, facilities, and community buildings needed
for a VPSO to execute his or her work.
8:32:23 AM
MS. KORTHIUS returned to her presentation and said that the
third priority advocates for stakeholder discussion on
organization, governance, and oversight of the VPSO program.
The fourth priority concerns the acquisition of adequate
funding, as 88 percent of the 48 villages do not have a VPSO,
and policies pertaining to the provision of services. She
shared that individuals in the region's tribes have voiced that
they are experiencing ... in our villages, a crisis of public
safety, which has elevated the value of the VPSO program in
AVCP's work.
8:35:02 AM
CHAIR ZULKOSKY asked if the VPSO strategic plan was completed in
2018.
MS. KORTHIUS concurred.
CHAIR ZULKOSKY asked if the report was provided to DPS.
MS. KORTHIUS responded affirmatively and noted that DPS
participated as a stakeholder.
8:35:26 AM
MS. KORTHIUS turned to the Public Safety Facilities Assessment
document, which AVCP developed to establish a baseline of the
region's available facilities. She relayed that AVCP found that
38 of the 48 villages have existing public safety facilities;
four of the facilities require major renovation or replacement,
24 require renovation of some sort, nine do not have any
facilities, and 26 do not have dedicated public safety housing.
She shared that she recently spoke with a community that sought
to apply for a federal grant; it didn't have a public safety
facility and, therefore, would not have received the grant. She
emphasized the need for improved public safety facilities and
housing.
MS. KORTHIUS referred to the Public Safety Summit Outcome
document included in the committee packet. The idea for the
summit originated in the annual convention where testimony
addressed inadequate emergency services and the lack of
appropriate personnel to address public safety concerns. The
public safety summit took place in the Y-K Delta; AVCP gathered
150-200 people representing various stakeholders such as
municipal governments, search and rescue teams, tribes, city
council members, tribal council members, and women's shelters.
She relayed that AVCP collectively defined public safety and,
through this process, determined that public safety should be
considered holistically and in context of the entire community.
She imparted that a discussion of public safety must be coupled
with a discussion of the community's other priorities.
8:42:25 AM
REPRESENTATIVE EDGMON asked if a holistic approach included
considering the role of alcohol, drugs, and other root causes
behind high rates of domestic violence and other issues that
constitute public safety.
8:42:44 AM
MS. KORTHIUS responded affirmatively. She emphasized the
importance of the process through which the outcome document was
created, wherein leaders throughout the region and villages came
together to advocate for their community's desires. She shared
that the AVCP region is divided into thirteen units - each a
different cluster of villages these groups convened to discuss
priorities and challenges; the outcome document prioritized
issues by unit. Issues discussed include drugs, alcohol, the
lack of law enforcement, the decrease in the National Guard
presence, and lack of funding. The outcome document includes
solutions for each unit.
8:45:51 AM
MS. KORTHIUS stated that the VPSO program is part of the State
of Alaska's responsibility to maintain safety in tribes and
"provide equitable safety to all Alaskans." She emphasized the
importance of establishing and maintaining partnerships between
tribes and the state. She imparted AVCP's recommendations,
beginning with a call for the state to support the 2018
Statewide VPSO Strategic Plan. She followed by recommending
review of the entire structure of the VPSO program to provide
greater flexibility to communities; she suggested compacting as
a possible solution. She also recommended moving the VPSO
program directly under the commissioner for DPS and on par with
the AST program. She added, "retain and fund the VPSO program."
She ended her presentation and said "quyana."
8:47:48 AM
REPRESENTATIVE LINCOLN asked for the percentage of tribal
citizens that compose the AVCP region.
8:47:59 AM
MS. KORTHIUS said that it is approximately 90 percent.
REPRESENTATIVE LINCOLN inquired if tribes have accessed federal
dollars to provide public safety.
MS. KORTHIUS responded affirmatively. She relayed that she
recently spoke with a tribal administrator who was applying for
a federal grant, but the community lacked a facility and
therefore AVCP could not provide the match for the application.
REPRESENTATIVE LINCOLN stated that there might be an opportunity
to leverage federal dollars in partnership with the tribes,
state, and federal government to fund the program. He asked if
Ms. Korthius was aware of any general barriers or legal issues
preventing a greater degree of cooperation.
MS. KORTHIUS stated that Alaska is a PL-280 state; she indicated
that this is an issue which could be discussed further.
8:49:40 AM
CHAIR ZULKOSKY said "quyana chuck nuk" and thanked Ms. Korthius
for presenting. She also thanked Ms. Korthius for AVCP's
investment into the VPSO program. She said, It's very evident
that this is a number one priority for the region."
MS. KORTHIUS said, "We do support the VPSO program. We believe
it's essential in our communities and we will help in any way to
advance that agenda."
8:50:15 AM
REPRESENTATIVE KOPP shared that from his prior experience
working alongside VPSOs, he appreciates the thoroughness of Ms.
Korthius' presentation and supports for resolving the challenges
facing the VPSO program.
8:51:14 AM
AMANDA PRICE, Commissioner-Designee, Department of Public
Safety, shared her agreement with Ms. Korthius that public
safety is not limited to a single function, group, or initiative
and needs to be addressed holistically. In reference to slide
two of her PowerPoint presentation, Ms. Price stated that the
overarching mission of DPS is to administer functions relative
to the protection of life and property. Core service areas
include: law enforcement, patrol, and investigations; rural
enforcement services; domestic violence and sexual assault
programs; statewide public safety programs; resource protection;
and highway safety. The following public safety programs fall
under DPS' purview: the administration of the Alaska Public
Safety Information Network (APSIN); the state crime lab, which
processes all forensic evidence received from municipalities and
AST; the DPS' Division of Fire and Life Safety, which responds
to arson and fire fatalities; and resource protection, which
includes Alaska Wildlife Troopers' marine and aircraft
divisions. As an aside, Commissioner Price shared that Alaska
Wildlife Troopers are ASTs with a focus on resource protection.
COMMISSIONER PRICE stated that the Council on Domestic Violence
and Sexual Assault (CDVSA), a division within DPS, is charged
with providing funding services to prevent and respond to crimes
of domestic violence, sexual assault, and sexual abuse of a
minor. She referenced slide three, which listed the communities
in which DPS funds prevention efforts, and noted that CDVSA
provides documentation, information, and booklets, all of which
are translated into a variety of languages. She noted that the
list is not comprehensive and that CDVSA has provided funding to
other communities in an attempt to "understand [and] identify
the root causes of violence in our communities. The prevention
funding that flows out to these communities is often in strong
partnership with the communities and is very tailored and
specific to the issues that an individual community is
struggling with."
8:55:08 AM
REPRESENTATIVE ORTIZ asked for further explanation on the types
of community programs that receive funding.
8:55:28 AM
COMMISSIONER PRICE said that DPS funds the emergency shelter
program, although every community receives a different level of
prevention support. She relayed that DPS funds programs such as
Coaching Boys Into Men, Lead On, and Girls On The Run, among
others. She stated that, in partnership with communities, CDVSA
provides funding for the community's chosen program.
8:56:10 AM
COMMISSIONER PRICE relayed, in reference to slide four, that the
CDVSA funds 24 victim service programs, most of which provide
emergency shelter. However, as an example to the contrary,
Commissioner Price stated that Standing Together Against Rape
(STAR) is funded through CDVSA but does not operate an emergency
shelter; STAR, rather, provides services to sexual assault
survivors statewide. The victim service programs also provide
safety planning and community-based advocacy to victims of
domestic violence and victims of sexual assault; a person does
not need to be a shelter resident to receive those services.
COMMISSIONER PRICE shared, on slide five, the shelter programs
funded by CDVSA, as follows:
? Bethel Tundra Women's Coalition
? Cordova Cordova Family Resource Center
? Craig Helping Ourselves Prevent Emergencies
? Dillingham Safe and Fear Free Environment
? Emmonak Emmonak Women's Shelter
? Fairbanks Interior Alaska Center for Non-Violent
Living
? Homer South Peninsula Haven House
? Juneau Aiding Women in Abuse and Rape Emergencies
? Juneau AK Network on DV and SA
? Kenai Kenaitze Indian Tribe
? Kenai LeeShore Center
? Ketchikan Women in Safe Homes
? Anchorage - Standing Together Against Rape
(statewide support); Victims For Justice (Statewide
support); Abused Women's Aid in Crisis
? Kodiak Kodiak Women's Resource and Crisis Center
? Kotzebue Maniilaq Family Center
? Nome Bering Sea Women's Group
? Palmer Alaska Family Services
? Petersburg Working Against Violence For Everyone
? Seward Seaview Community Services
? Sitka Sitkans Against Family Violence
? Unalaska Unalaskans Standing Against Family
Violence
? Utqiagvik Arctic Women in Crisis
? Valdez Advocates for Victims of Violence
COMMISSIONER PRICE stated that the programs located in Craig,
Emmonak, Kenai, and Petersburg are newly funded under CDVSA.
She turned to slide six and shared that sexual assault, sexual
abuse of a minor, and domestic violence continue to be a primary
concern and that in Western Alaska we experience, as a state,
exorbitant rates of crimes of that nature."
8:58:12 AM
COMMISSIONER PRICE stated that the AST Violent Offenders Unit
was created in Bethel in 2015; the program has a focus on the
investigation of felony level crimes, which can be very nuanced.
She relayed that sexual assaults often include individuals that
are familiar with one another; a large number of reported crimes
of assault are "consent-based," meaning that both parties
indicate a sexual encounter occurred but there is a question of
consent. In cases such as these, forensic evidence is less
supportive of a criminal case; therefore, these cases
necessitate specific training. Commissioner Price stated that
DPS recently hired and placed a sexual assault investigator in
the Bethel District Attorney's (DA's) office with the intent
that the investigator would work alongside the DA to strengthen
our cases. She relayed that DPS intends to hire another
position in the Interior that would mirror the position in
Bethel.
COMMISSIONER PRICE relayed that DPS is progressing on the Sexual
Assault Kit Initiative. This was spurred in 2015 by the state's
audit of law enforcement entities to capture data on unsubmitted
sexual assault kits, of which there were thousands. She relayed
that the state crime lab is actively processing the previously
unsubmitted kits and ensuring that real-time kits are
simultaneously processed. She stated that DPS has executed
several research projects in collaboration with the University
of Alaska, Anchorage (UAA) Justice Center; the data informs
AST's policies in an effort to improve the manner in which DPS
responds to crimes, particularly in rural Alaska. She relayed
that one such project studied the factors that impact a police
investigator's decision to refer a case to prosecution and the
factors that influence a prosecutor's decision to accept a case.
She stated that understanding these decision points and their
role in the criminal justice process will improve AST
investigations and allow them to "understand the factors that
lead to successful referral to the Department of Law." She
stated that DPS believes this research will address concerns put
forward in the 2018 Alaska Federation of Natives' (AFN)
resolution 18-11, which called for an investigation into the
treatment of Alaska Native offenders and victims in the Alaska
Criminal Justice System. She relayed that DPS will be
collaborating with the UAA Justice Center to perform a
descriptive analysis of death investigations with a focus on
homicide; the intent is to determine if disparate treatment
occurs based on race in cases of homicide or missing persons.
9:02:46 AM
COMMISSIONER PRICE, in reference to slide eight, stated that the
AST Statewide Drug Enforcement Unit works in collaboration with
all federal and municipal entities. She emphasized the level of
collaboration and noted that these units are very successful at
interdicting drugs and alcohol.
COMMISSIONER PRICE recognized the breadth of DPSwork and noted
the focus on the VPSO program. She stated that terms are
"interchangeably used" in reference to the VPSO program, such as
"contractor" as opposed to "grantee." She stated that the State
of Alaska grants funds to the nonprofit and that this entity is
the grantee. She stated that under a contract one party
promises the other party that it will complete an action, while
a grant is administered to an entity with the "reasonable
expectation" that the entity will provide the service.
9:04:46 AM
REPRESENTATIVE EDGMON shared that he has been informed from
administrating nonprofits that the state can be a hindrance in
the contracting process of the VPSO program. He posited that if
the administrating nonprofits are indeed grantees, it "seems to
signify" that they would have more control, which is not
currently the case.
9:05:33 AM
COMMISSIONER PRICE stated that the partnership between the
administrating nonprofit and DPS is "necessary and strong. She
stated that the fiduciary responsibility of DPS is to ensure
that the services are being rendered; therefore, the department
must exert some control as to how funds are spent. She relayed,
as an example, that one grantee purchased $90,000 worth of
materials that were not utilized for the VPSO program. She
emphasized the fiduciary responsibility of DPS and the need for
administrative oversight of grantees' expenditures.
9:06:47 AM
REPRESENTATIVE EDGMON suggested that this may be indicative of
the "fundamental reasons" why the VPSO program has been
unsuccessful. He stated that he has heard Commissioner Price
say in previous testimony that the VPSO program is "broken." He
then asked Commissioner Price to describe how relationships may
be strengthened. He said, "I hear repeatedly that the state
sometimes is a deterrent, not an asset in the administration of
the VPSO program. He shared his intrigue at her distinction
between "contractor" and "grantee," which would imply that money
passes through AVCP and the state relinquishes control. He
said, "If I'm not mistaken, your department has denied someone's
request to actually use that money and instead ... elected to
turn it back into the general treasury by way of a budget
reduction."
9:07:56 AM
COMMISSIONER PRICE stated that DPS has not denied any requests
for funding of the VPSO program for any nonprofit in 2019. She
provided rationale for her distinction between contractor and
grantee and referenced AS 18.65.670, which provides the
statutory language that governs the VPSO program. She asserted
her belief that the program is "incredibly challenged" and
concurred with Ms. Korthius' testament as to the challenges
facing the program. She affirmed that there is a public safety
crisis and asserted that the VPSO program is not "providing
adequate response to address the crisis." She stated that, from
her perspective, "money is not going to solve this challenge
she said that the program has had funding, but that the
available funds were not put to use. She relayed that, to date,
DPS has received three special project requests and all three
were approved.
9:09:18 AM
CHAIR ZULKOSKY attested that she had received notification from
VPSO grantees that in fiscal year 17 (FY 17) and FY 18 special
projects had been denied. The denials, which amounted to over
$150,000 and almost $60,000, were for training, support, and
equipment items that are considered allowable expenses. Chair
Zulkosky sought clarity as to Commissioner Price's statement
that special projects have not been denied when, in fact,
projects have been denied throughout the previous fiscal years.
9:10:00 AM
COMMISSIONER PRICE stated that in FY 19 there have not been any
denials.
CHAIR ZULKOSKY stated that the committee would like DPS to
provide information on special projects that were previously
denied.
COMMISSIONER PRICE indicated DPS would provide the information.
She relayed that she had before her a list of the special
projects received over the last several years. One of the
declined special projects was a fire truck for Kasaan; DPS
declined the request after finding that the fire truck would not
have been accommodated by the road system.
9:10:47 AM
CHAIR ZULKOSKY asked for greater clarity on the decision-making
process related to the approval of funding for special projects
and if a process exists to appeal those decisions.
COMMISSIONER PRICE stated that, under the authority of the
statute that governs the program, DPS makes decisions in
partnership with the grantees. She then referred to Captain
Andrew Merril, who has been the commander of the VPSO program
for several years.
9:12:00 AM
CAPTAIN ANDREW MERRIL, Statewide Program Coordinator, Alaska
State Troopers, VPSO Program, relayed that special project
requests are received in a few different ways, one being that a
grantee may apply at the beginning of the grant year, each year,
and select "request for special project. Upon review and the
transmission of required information, those requests can be
granted upon receipt of the grant application. He relayed that
in some cases grants are not funded because the program's goal
is to hire VPSOs; sometimes, based on past performance, DPS will
approve a special project but "won't provide or identify
specific funding in the grant" in the anticipation that lapsed
funding from vacancies can be allocated towards the special
project. In the situation that there is inadequate information
or questions of practicality arise, DPS does not deny or approve
the application or special project and would instead request
additional information before making a final determination of
funding. He stated that there is the possibility that the
project doesn't meet the community's need or resides outside the
scope of the VPSO program. For example, one organization
requested $400,000 in funding for a regional public safety
building; DPS sought more information but was unlikely to grant
funding for a regional building rather than a VPSO placement.
CAPTAIN MERRIL relayed that grantees make requests throughout
the year; this can be accommodated through a supplemental
request, which DPS reviews to ensure that the project provides
public safety and supports VPSOs. If approved, DPS assists
grantees in locating funding sources. Captain Merril relayed
that DPS has Capital Improvement Project (CIP) funding that is
earmarked for equipment, such as four-wheelers, all terrain
vehicles, and patrol vehicles. In the last few years all of the
grantees experienced lapsed funding, which DPS encouraged
putting towards projects or large equipment purchases.
9:16:17 AM
CHAIR ZULKOSKY stated that, looking at FY 18, DPS rejected
funding requests for field training, sexual assault response
training, pre-academy training, and Drug Abuse Resistance
Education (D.A.R.E.) officer training. She relayed that Ms.
Korthius had spoken to the challenge of DPS not supporting the
program overall. She asked for an explanation as to why the
trainings were denied funding.
9:17:05 AM
CAPTAIN MERRILL stated that he would need to see the document
listing those funding rejections before commenting further. He
relayed that DPS has rejected training for sexual assault
investigation, because VPSOs are not charged to conduct felony
investigations; therefore, the training would fall outside their
scope of work. He relayed that, in conjunction with CDVSA, DPS
has previously provided first responder, health aide, and VPSO-
specific sexual assault training.
9:18:54 AM
CHAIR ZULKOSKY stated that the justification given by DPS was
that the rejection was a product of budget cuts or a lack of
funds. She stated that she would appreciate a reconciliation by
DPS provided to her office.
9:19:11 AM
REPRESENTATIVE KOPP referred to Captain Merril's previous
comment that a regional VPSO facility was denied funding due to
location. He indicated that there are a number of villages in
close proximity along the river systems where a regional office
could accommodate VPSO visits to several villages in a day.
Representative Kopp sought further clarity as to Captain
Merril's determination that a regional facility was not ideal.
9:20:10 AM
CAPTAIN MERRILL stated that the VPSO program was developed to
have a VPSO from the community, living in the community, and
working in the community. He referred to the AST "hub and
spoke" model where troopers reside in a central location and
respond to villages that don't have a VPSO, police officer, TPO,
or VPO. He stated that DPS encountered a challenge when they -
in an attempt to meet the legislature's and villages request -
added 15 VPSOs in a year and saw a "decrease in adherence to the
standards" as established in statute. He stated that the number
of VPSOs significantly declined when DPS received budget cuts.
Additionally, the arming of VPSOs created barriers and changed
the "structure and the functionality" of the VPSO program. With
that increase in the qualifications of VPSOs, along with other
challenges, the number of VPSOs have declined. To try to meet
the need for VPSOs, DPS "strayed from the actual statutory
intent" of the program, which was to have a VPSO live and work
in the community, and created rovers. The rover program
increased the cost of the service due to per diem and travel
expenses for a VPSO. He relayed that DPS already has a
"regional sub hub" model with ASTs who respond to villages; he
posited that putting two to three VPSOs in Bethel would have
little difference from what ASTs currently do. He stated that
building the regional center would further diffuse the presence
of live-in VPSOs and neglect adherence to the intent of the VPSO
program.
9:22:54 AM
REPRESENTATIVE KOPP acknowledged a "struggle" over the intent of
the program; he stated that AVCP vision is that the VPSO
program have a presence on the community and regional level and
that VPSOs receive broad training. He shared that, due to the
weather conditions of rural Alaska, VPSOs often have to
stabilize crime scenes, whether sexual assault or homicide,
before an AST can arrive. He posited that additional training
may counter DPS' vision that VPSOs are not law enforcement,
rather than the vision of VPSOs as the hands and the feet" of
DPS. He opined that there is "role conflict" and that the
entities involved find the best path forward.
9:24:43 AM
REPRESENTATIVE LINCOLN stated that any help rural Alaska can get
for public safety would be appreciated. He relayed that in the
Northwest Arctic there's a major difference when a community has
the presence of an AST. He sought clarification as to DPS'
different approach to the diminishing recruitment and retainment
of ASTs as opposed to VPSOs. For AST, DPS has increased
investments and resources into the program. However, when
encountered in the VPSO program, the solution has been to pull
resources and cut the program. He sought clarity as to the
rationale for this difference.
9:26:07 AM
COMMISSIONER PRICE stated that there's crossover between the
definition of VPSO and AST, though the programs are statutorily
distinct and officers receive "dramatically" different levels of
training. She relayed that DPS has tried to support recruitment
and retention efforts with new-hire bonuses and recruitment
bonuses. She relayed that Captain Merril and his team work
closely with grantees to determine how the state can assist with
recruitment. One of the challenges is that the state is not
recruiting or hiring but is, instead, allocating the funding
received from the appropriation to the administrating nonprofit.
She said that DPS has tried different solutions over the years;
she noted, "None of these topics are new. This is not the
result of one administration or one decision or one policy
challenge. Rural justice and rural public safety has been a
challenge in this state since statehood." Commissioner Price
then stated that AST and VPSOs are two different job
classifications and that DPS has differing authority to support
the programs. She stated that the negative supplemental in
Governor Dunleavy's proposed budget still allows for every
nonprofit to recruit and hire VPSOs. She said that the
intention of the negative supplemental was not to hurt the
program, but that the money "wasn't going to be used" due to
inadequate recruitment. She relayed that grantees still have
the opportunity to hire and that DPS has recently granted
$40,000 for the development of materials for recruitment
efforts. She stated that it's not fair to suggest that
recruitment is stronger for the AST program; she attributed this
to DPS' differing scope of authority between the two programs.
9:29:42 AM
CHAIR ZULKOSKY noted that the governor's proposed negative
supplemental is composed of funds allocated towards special
projects, which are requested at the end of the fiscal year.
She stated that the governor's negative supplemental was
introduced well before the end of the fiscal year and that there
hadn't been adequate time for grantees to submit funding
requests, which would have preempted DPS from "sweeping" those
funds back in and reallocating to other programs. She
referenced previous suggestions by Commissioner Price that
responsibility for the administration of the VPSO program rests
with grantees and tribal nonprofits rather than DPS. She stated
that decisions are clearly being made that tie the hands of
grantees, which diminish their ability to effectively deliver
the VPSO program. She asked Commissioner Price to share her
ideas on how to pull back the "red tape" undermining the
program's efficacy.
9:31:21 AM
REPRESENTATIVE ORTIZ noted Commissioner Price's previous
suggestion that problems faced by the VPSO program are not a
matter of "adequate resources. He then referenced slide 11,
which depicts the program's available funding and the
diminishing number of VPSOs. He stated that he would like to
hear her vision of how to more effectively use resources to fill
positions and reverse the decline in VPSO availability.
9:33:02 AM
COMMISSIONER PRICE, in response to Chair Zulkosky's comment,
stated that the funding pulled back in the negative supplemental
is funding that has lapsed in the last two years. She relayed
that the governor thought it appropriate to reallocate those
funds, under the assumption that they would lapse again.
Commissioner Price, in response to Representative Ortiz's
question, stated that DPS does have ideas for improvement, some
of which include removing regulatory control that the department
currently has in place. She stated that DPS has not been able
to comprehensively engage with grantees, though DPS will provide
recommendations at a future meeting; some recommendations
include the ability for grantees to recruit based on their own
feedback. She stated that DPS has ideas, though the department
hopes to develop a comprehensive plan in conjunction with
grantees. She stated that the department is seeking a
collaborative agreement with the grantees' recommendations
implemented rather than a plan dictated by a single entity. She
shared that, when approving special projects, "we can't see the
forest for the trees." She related that the intent of the VPSO
program is to hire a member of a community to provide first
response while continuing to live in the community. She relayed
that, if the program were operating in this capacity, then the
acquisition of housing would not be so "impactful." She shared
that challenges are imposed by how the program has changed over
time. She encouraged the legislature's evaluation of the
program's statutory obligations to determine appropriate
services and responsibilities for the VPSO program. She stated
that the regulations that govern the program, which have not
been comprehensively reviewed since 1995, need to be evaluated;
as they sit, the regulations require that the village, in
partnership with the state, provide office space, phone, and
utilities. She emphasized that there is "great opportunity" to
evaluate the statute and regulations. She further emphasized
that these challenges have existed since the program's
inception.
9:36:49 AM
CHAIR ZULKOSKY elucidated upon the challenges related to rural
housing most of the homes throughout rural Alaska are
overcrowded, multi-generational, unaffordable, or poor quality.
She took issue with the perspective that paying for rural
housing would be incompatible with the model where VPSOs are not
being hired from their own communities. She relayed that,
within District 38, five of the six current VPSOs are serving in
their home community. She opined that the reality of housing in
rural Alaska ought to be deliberated upon as DPS considers how
to support VPSOs. She revisited Commissioner Price's statement
that the negative supplemental was lapsed funding from the
previous two fiscal years; yet, when the conversation began
about special projects, there were two previous fiscal years
with unexpended dollars and DPS' explanation was that there were
budget cuts or inadequate resources. She then encouraged
Commissioner Price to be consistent with how DPS communicates
about the VPSO program.
9:38:43 AM
COMMISSIONER PRICE stated that DPS has a deep knowledge of the
housing situation in rural Alaska. She stated that the
regulation that governs and supports the VPSO program does not
require that villages provide housing. She stated that reform
on behalf of the legislature would provide the opportunity to
include that requirement in the statutory language.
9:39:23 AM
REPRESENTATIVE EDGMON expressed his appreciation for
Commissioner Price's acknowledgement that the program has
multiple flaws and that those need to be addressed directly. He
suggested that structural changes are in order, which would take
time and forensic analysis. He referenced Commissioner Price's
previous comment that VPSOs and ASTs are in distinct job
classes. He noted that Commissioner Price has suggested before
that a VPSO position is more expensive than an AST position. He
then suggested that Commissioner Price may have been including
indirect costs of VPSO employment and comparing that to an AST's
employment without including the same indirect costs. He
referenced his prior experience as Chair of the House Public
Safety Finance subcommittee and stated that an AST is much more
expensive than a VPSO. He said that he interpreted Commissioner
Price's statements to indicate indifference toward the VPSO
program. He asked Commissioner Price to clarify her implication
that the VPSO program per position is more costly than the AST
program.
9:41:24 AM
COMMISSIONER PRICE stated that she did not believe she said that
a VPSO is more expensive than an AST. She asserted that she
previously said the programs are "a bit comparable" in cost.
REPRESENTATIVE EDGMON stated that the indirect rate was as high
as 48 percent, whereas Bristol Bay Native Association has an
indirect rate of 15 percent. He noted that one of the grantees
might be at the 48 percent range and that DPS is assisting them
to lower the rate.
COMMISSIONER PRICE stated that her representation of data is not
to be interpreted as an insinuation. She stated that "all of
the prongs" of public safety are important, including VPOs and
TPOs. She asserted that she is not indifferent.
REPRESENTATIVE EDGMON advised that Commissioner Price choose her
words "more artfully." He related that he and others were left
with a very different message from what she's currently
presenting.
MS. PRICE stated that the VPSO program is only one prong of DPS.
She said, "I am committed to rural public safety." She related
that she believes it is her responsibility to find adequate
solutions and that she is committed to doing so. She shared her
belief that they will walk away with a "more effective, faster,
rural public safety response."
9:44:37 AM
REPRESENTATIVE EDGMON stated that Commissioner Price's response
is "all rhetoric." He relayed that the committee has yet to
hear of any initiative that Commissioner Price may be taking to
analyze the structural flaws of the VPSO program.
MS. PRICE remarked that DPS is convening the grantees in late
April to deliver their plan for the VPSO program.
9:45:10 AM
CHAIR ZULKOSKY asked Commissioner Price to manage her tone. She
then noted that the Special Committee on Tribal Affairs was
established to identify opportunities to strengthen tribal
partnerships; she said that tribal compacting could be a means
to "lift some of the bureaucratic burden" off of DPS. She asked
if DPS is opposed to partnering with tribes or recognizing
tribal authority in support of law enforcement efforts
throughout rural Alaska.
COMMISSIONER PRICE stated that the there's the opportunity to
cross deputize the VPSOs to enforce tribal law. She relayed
that this conversation has been going on and that DPS doesn't
have a specific position on the change. Commissioner Price
apologized for her tone.
CHAIR ZULKOSKY asked if there has been collaboration with
grantees that are currently deploying the VPSO program.
COMMISSIONER PRICE deferred the question to Captain Merril.
9:47:54 AM
CAPTAIN MERRIL stated that the department meets with VPSO
coordinators on a regular basis and that there's been an
increase in communication in recent years. He noted that there
are structural challenges in the department's vision of the
program's needs; DPS is a law enforcement organization, but the
department has to consider other models, look at fire safety and
EMS, and discuss housing issues. While working with the
regions' coordinators, the department regularly tries to solve
the programs' problems and have restructured meetings to
accommodate brain storming sessions. He noted the collaborative
nature of his relationships with the coordinators and stated
that they don't always see eye-to-eye but work together to
develop solutions. He noted that there are struggles regarding
the structure of the VPSO program. He stated that the
department collaborates regularly with grantees, conducts
quarterly reviews, conducts site visits for each grantee, and
assists the grantee with applying for federal grants.
9:51:37 AM
CHAIR ZULKOSKY asked for more specificity on which grantees DPS
has communicated with about the meeting convening in late April.
CAPTAIN MERRILL stated that his staff worked with Jason Wilson,
the coordinator and point of contact, to develop the agenda,
which will be provided to all of the grantee coordinators.
9:52:30 AM
REPRESENTATIVE LINCOLN stated that Administrative Order 300
requires every department to implement a consultation plan with
tribes through a tribal liaison. He inquired if DPS has a
tribal liaison.
9:52:41 AM
COMMISSIONER PRICE stated that she believes DPS does not have a
tribal liaison.
9:52:56 AM
CHAIR ZULKOSKY stated that she received information that Jason
Wilson has not met with DPS. She requested clarity and follow
up to ensure that those conversations are occurring. Concerning
the discussion of indirect rates, Chair Zulkosky referred to
comments made by Commissioner Price about a variation of
indirect rates and her suggestion of an indirect rate as high as
48 percent. She referred to a previous presentation given to
the committee and stated that there is a state cap of 30
percent.
9:53:50 AM
COMMISSIONER PRICE stated that there is not a cap of 30 percent.
She stated that legislative language was put forward that stated
that the average indirect rate of the program should not exceed
30 percent. She relayed that each grantee is currently
compensated for its full federally negotiated indirect rate.
She said that one of the challenges of the indirect rate is that
the staff has to determine how to award funding to keep the
program's average indirect rate below 30 percent. She relayed
concern that DPS may have been unable to award funding to a
grantee with a higher federally negotiated indirect rate,
because it would increase the VPSO program's average.
CHAIR ZULKOSKY stated that at a previous meeting it was
presented that all of the grantees that qualify for the VPSO
program remain under the 30 percent indirect cap as a group.
COMMISSIONER PRICE concurred with Chair Zulkosky's assessment.
CHAIR ZULKOSKY requested that Commissioner Price, in future
meetings, abstain from suggesting that a 48 percent indirect
rate is being paid out. She asked Commissioner Price if she
understood that this could generate a source of confusion when
the nonprofit group is staying under 30 percent.
9:56:03 AM
COMMISSIONER PRICE relayed that she believes it's challenging
because DPS is unable to award money to a grantee if the
grantee's indirect rate brings the group over the "cap." She
stated that the language can be confusing, but DPS does pay the
full indirect rate to the grantees.
CHAIR ZULKOSKY stated that it does not appear as confusion when
Commissioner Price suggested in House Finance subcommittee
meetings that indirect rates are paid out at 40 percent when,
in fact, tribal nonprofits are not paying more than 30 percent.
She concurred with Representative Edgmon's concern that there
would be insinuation that there's something wrong with the VPSO
program or that it's too expensive. She relayed her
appreciation for Commissioner Price taking the committee's
questions and hearing the committee's concern. She pressed the
imperative nature of the VPSO program's solvency. She said that
providing six VPSOs for a region of 48 communities is
"incomprehensible," given that DPS is required to provide public
safety throughout rural Alaska.
9:58:08 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Tribal Affairs meeting was adjourned at
9:58 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| AVCP Rural Public Safety.pdf |
HTRB 3/19/2019 8:00:00 AM |
|
| DPS Tribal Affairs Committee Presentation 03.19.19.pdf |
HTRB 3/19/2019 8:00:00 AM |
|
| AVCP VPSO Strategic Plan.pdf |
HTRB 3/19/2019 8:00:00 AM |