Legislature(2021 - 2022)DAVIS 106
03/08/2022 08:00 AM House TRIBAL AFFAIRS
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| HB313 | |
| Adjourn |
* first hearing in first committee of referral
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| += | HB 313 | TELECONFERENCED | |
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ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS
March 8, 2022
8:03 a.m.
MEMBERS PRESENT
Representative Tiffany Zulkosky, Chair
Representative Dan Ortiz
Representative Zack Fields
Representative Mike Cronk
MEMBERS ABSENT
Representative Geran Tarr
COMMITTEE CALENDAR
HOUSE BILL NO. 313
"An Act requiring background investigations of village public
safety officer applicants by the Department of Public Safety;
relating to the village public safety officer program; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 313
SHORT TITLE: VILLAGE PUBLIC SAFETY OFFICER GRANTS
SPONSOR(s): REPRESENTATIVE(s) ZULKOSKY
02/11/22 (H) READ THE FIRST TIME - REFERRALS
02/11/22 (H) TRB, FIN
03/01/22 (H) TRB AT 8:00 AM DAVIS 106
03/01/22 (H) -- MEETING CANCELED --
03/03/22 (H) TRB AT 8:00 AM DAVIS 106
03/03/22 (H) Heard & Held
03/03/22 (H) MINUTE(TRB)
03/08/22 (H) TRB AT 8:00 AM DAVIS 106
WITNESS REGISTER
MICHAEL NEMETH, Coordinator
Village Public Safety Officer Program
Aleutian Pribilof Island Association
Anchorage, Alaska
POSITION STATEMENT: Provided invited testimony during the
hearing on HB 313.
VIVIAN KORTHUIS, Chief Executive Officer
Association of Village Council Presidents
Bethel, Alaska
POSITION STATEMENT: Provided invited testimony during the
hearing on HB 313.
EILEEN ARNOLD, Executive Director
Tundra Women's Coalition
Bethel, Alaska
POSITION STATEMENT: Provided invited testimony during the
hearing on HB 313.
GINA APPELONI, Director
Village Public Safety Officer Program
Kawerak, Inc.
Nome, Alaska
POSITION STATEMENT: Provided invited testimony in support of HB
313.
SERGEANT ZACHERY WEST, Village Public Safety Officer
Central Council Tlingit & Haida Indian Tribes of Alaska
Kasaan, Alaska
POSITION STATEMENT: Testified in support of HB 313.
DANIEL NELSON
Napaskiak, Alaska
POSITION STATEMENT: Testified during the hearing on HB 313.
BRANDON AGUCHAK, Tribal Administrator
Native Village of Scammon Bay
Scammon Bay, Alaska
POSITION STATEMENT: Testified during the hearing on HB 313.
ROBERT NICK, PhD, representing self
Native Village of Nunapitchuk
Nunapitchuk, Alaska
POSITION STATEMENT: Testified during the hearing on HB 313.
JOEL HARD, Director
Village Public Safety Officer Program
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Provided information regarding the fiscal
notes for HB 313.
ACTION NARRATIVE
8:03:43 AM
CHAIR TIFFANY ZULKOSKY called the House Special Committee on
Tribal Affairs meeting to order at 8:03 a.m. Representatives
Ortiz, Cronk, and Zulkosky were present at the call to order.
Representative Fields arrived as the meeting was in progress.
HB 313-VILLAGE PUBLIC SAFETY OFFICER GRANTS
8:04:18 AM
CHAIR ZULKOSKY announced that the only order of business would
be HOUSE BILL NO. 313, "An Act requiring background
investigations of village public safety officer applicants by
the Department of Public Safety; relating to the village public
safety officer program; and providing for an effective date."
CO-CHAIR ZULKOSKY announced the committee would begin with
invited testimony.
8:04:59 AM
MICHAEL NEMETH, Coordinator, Village Public Safety Officer
Program, Aleutian Pribilof Island Association (APIA), shared
that he has been a Village Public Safety Officer (VPSO) for 20
years. He said APIA sees HB 313 and SB 81 as tools to use for
the improvement of public safety in Alaska. He said the bill
would ensure communication between the grantees and the
Department of Public Safety (DPS). He pointed out that the
relationship has been good lately, but that could change without
legislation to solidify it. He stated one important aspect of
HB 313 is the provision related to minimum training. He pointed
out that AS 13.96.100 states that minimum training for VPSOs
shall be 240 hours, and he pointed out that 96 hours of that is
taken for rural fire protection specialist training, which
leaves [only] 144 hours for law enforcement, search and rescue,
and emergency medical training. He indicated support for the
650-hour minimum that would be established under HB 313 for law
enforcement training. He said that number comes from the Alaska
Police Standards Council (APSC) as the minimum requirement
accepted by APSC for reciprocity from another agency. In
addition, there would be the 96 hours for the rural fire
protection specialist training, 40 hours of medical training,
and 40 hours of search and rescue training. All in all, the
total training time under HB 313 would be 826 hours. He
reiterated that it is a good time to advance the work of the
VPSO working group while there is momentum in state government
for advanced public safety.
8:09:37 AM
VIVIAN KORTHUIS, Chief Executive Officer (CEO), Association of
Village Council Presidents (AVCP), offered background
information regarding AVCP. She emphasized the remoteness of
the 38 communities overseen by AVCP. She talked about the rates
of domestic violence and assault, noting they are 10 times
higher in these villages than in the rest of the U.S. The
majority of the villages have access only to part-time law
enforcement, while some have none, and Alaska State Troopers can
respond only to "serious felonies." She said this is why the
VPSO program is so important.
MS. KORTHUIS talked about the challenges of the VPSO program,
including difficulty with recruitment and retention, salaries
below market, the need for flexibility to meet regional needs,
and consistent legislative budget cuts. She said AVCP is happy
to see the positive changes in the relationship with DPS,
including a newly created position of director of VPSO
operations in the Office of the Commissioner. She emphasized
the need to continue recruitment and retention efforts, as well
as to have flexibility in addressing the specific public safety
needs of the communities served by VPSOs.
8:15:05 AM
MS. KORTHUIS said that in 2016, tribes determined that public
safety was the region's number one priority. She stated that
AVCP has worked hard to address public safety needs, organizing
planning sessions with DPS, the Alaska State Troopers, and VPSO
grantee organizations. The process identified the VPSO program
as one [solution] to the need for local law enforcement for
every rural community in Alaska. She said the strategies to
strengthen the VPSO program included: funding appropriation, a
recruiting strategy, changes to program governance, and
clarification of VPSO roles and responsibilities. She said the
Alaska VPSO Working Group expanding on these recommendations in
its 2020 report. She echoed that HB 313 incorporates eight of
the nine recommendations from the report; these changes would
strengthen and support the VPSO program by clarifying the role
of VPSOs, increasing funding and flexibility, and leveraging
government to government relations with tribes in the state.
MS. KORTHUIS characterized the healthcare system and public
safety system as the right and left hands working together. She
added, "I feel our villages have one hand tied behind our back
with public safety and all its challenges." She emphasized the
need for health care and public safety in every village. She
spoke of making rural Alaska safer, and she opined that HB 313
is "a big step in the right direction." She concluded her
testimony by stating AVCP's support for HB 313.
8:19:45 AM
The committee took an at-ease from 8:19 a.m. to 8:20 a.m.
8:20:39 AM
CHAIR ZULKOSKY explained there had been technical difficulty in
attempting to get Gina Appeloni on line to testify, and the
committee would try again to hear her testimony later in the
meeting.
8:21:29 AM
EILEEN ARNOLD, Executive Director, Tundra Women's Coalition
(TWC), agreed with Ms. Korthius' analogy regarding one hand tied
behind the back. She talked about working in a multi-
disciplinary team, with the three responding entities being law
enforcement, medical services, and victim services. She said
when there is no law enforcement, victims call TWC, and she
emphasized how unnerving it is to receive such a call without
the presence of law enforcement for support. She gave examples
of the lack of support that is available to victims when law
enforcement is not available locally. She stressed the
importance of providing trauma-informed training [to VPSOs]
because of the tremendous impact of "doing crisis response has
on first responders." She said this would impact retention of
VPSOs. Ms. Arnold said she supports "roving" VPSOs, which
alleviates the stress on VPSOs that are serving in a village
where they grew up and know everyone. She concluded by stating
that victim services needs law enforcement to be able to do its
job.
8:29:40 AM
REPRESENTATIVE ORTIZ inquired whether Ms. Arnold, in her 12
years of experience in her field, thinks that in general, VPSOs
are effective in meeting the needs of law enforcement in their
communities.
MS. ARNOLD prefaced her answer by reminding Representative Ortiz
that she lives in Bethel rather than in a village.
Notwithstanding that, she answered yes. She spoke again about
the importance of having a multi-disciplinary team.
REPRESENTATIVE ORTIZ referred to Ms. Arnold's support of roving
service and suggested that a VPSO living in the community in
which he/she was raised may be beneficial in terms of having
built a trust with those served.
MS. ARNOLD answered that both rotation and maintaining a local
VPSO should be supported, depending on what is working best.
She stressed the importance of flexibility. She gave an example
of a VPSO being closely related to the perpetrator, noting that
sometimes there is "safety in anonymity."
8:34:48 AM
CHAIR ZULKOSKY proffered that similar to what Ms. Arnold was
expressing, there is a health aide program that incorporates
both local and imported helpers. She talked about familiarity
with families and cultures.
8:35:38 AM
REPRESENTATIVE FIELDS asked whether TWC or its partners has seen
capital funding to expand shelter services in Bethel or
elsewhere.
MS. ARNOLD, in response, commended the federal government for
providing specific victim services funding; however, capital
funding is needed for transitional housing. She said TWC is
advocating for money to create infrastructure of housing, human
services, and local law enforcement. She emphasized how
important it is for someone to be able to call someone who is
doing the same work for advice, and she speculated that law
enforcement needs the same thing. In response to a follow-up
question, she confirmed she has heard from two or three other
communities that want to build a shelter. In response to
another question from Representative Fields, she reviewed the
existing funding streams.
REPRESENTATIVE FIELDS indicated he thinks TWC's needs should be
heard by the House Finance Committee.
8:39:00 AM
CHAIR ZULKOSKY noted that DPS had mentioned the imperative
nature of VPSOs in responding to sexual assault cases in
communities, and she asked Ms. Arnold to share her perspective
on that issue.
MS. ARNOLD, in response, mentioned there is sometimes a waiting
process and the inability to travel from villages to Bethel,
sometimes for days. She spoke about the collection of forensic
evidence and the importance of being able to do that collection
locally.
8:42:03 AM
GINA APPELONI, Director, Village Public Safety Officer Program,
Kawerak, Inc., provided invited testimony in support of HB 313.
She said Kawerak, Inc. would like to see the VPSO statutory
regulations updated this year, since only 3 of the approximately
15 regulations have been updated since 1995. She explained the
updates would give rural communities, VPSOs, and grantees the
support needed to build a stronger public safety program. She
gave an example from 1980 about the delays in receiving help in
villages, and she indicated the same delays exist today. She
talked about the legislature's ability to change the budget by
supporting HB 313, and said the bill would increase flexibility
and allow unfunded mandates to be funded, and that would allow
the expansion of the VPSO Program. She mentioned the repair of
public safety buildings, affordable housing, training, higher
pay, and better equipment. She echoed the testimony of previous
speakers regarding the positive steps that have been taken in
the last several years with respect to the VPSO Program and the
importance of supporting HB 313 to continue that positive
movement in support of public safety.
8:44:39 AM
CHAIR ZULKOSKY opened public testimony on HB 313.
8:45:26 AM
SERGEANT ZACHERY WEST, Village Public Safety Officer, Central
Council Tlingit & Haida Indian Tribes of Alaska ("Tlingit &
Haida"), testified in support of HB 313. He said he has served
as a VPSO in Kasaan for 10 years, and he has also served in a
roving capacity throughout other communities in Southeast
Alaska. He said the proposed legislation "represents many years
of meaningful discussion about how to make the program
stronger." He emphasized the role of VPSOs in public safety,
and he opined that reform is long overdue.
8:47:19 AM
DANIEL NELSON indicated there is a small amount of funding from
a stimulus program, but it is not enough. He related that his
community has a jail and VPSO housing, but no VPSO. He said the
presence of a VPSO makes a difference in the behavior of
everyone. He remarked that without a VPSO, the state is
spending more money to fly an Alaska State Trooper to the
village each time an incidence requires one.
8:50:09 AM
BRANDON AGUCHAK, Tribal Administrator, Native Village of Scammon
Bay, testified that Scammon Bay, with a population of 675, is a
dry community accessible only by air. He reported that in 2017,
the tribe "was forced to lay off the entire police force." The
community has not had a VPSO since 2017, and now there is higher
incidence of drug and alcohol abuse. He mentioned the need for
sick leave and winter gear. He emphasized that having a VPSO in
the Native Village of Scammon Bay would greatly help the
community.
8:52:38 AM
ROBERT NICK, PhD, representing self, shared his credentials and
said he is speaking as a tribal elder. He said he agrees with
previous speakers on the importance of public safety and having
the services of the VPSO Program. He said the program needs to
be expanded and protocols need to be updated. He indicated
agreement with the provision of HB 313 that would "have back six
VPSOs." He said he agrees. He said background checks are
important. He remarked that some tribes do not have public
safety or a health aide at present, and those services are
important. He mentioned that so many communities are not
connected by road. He mentioned the use of "board" roads, like
boardwalks, on wetlands where roads cannot be built.
8:59:44 AM
CHAIR ZULKOSKY, after ascertaining that there was no one else
who wished to testify, closed public testimony on HB 313. She
invited Joel Hard to discuss the fiscal notes for HB 313.
9:00:19 AM
JOEL HARD, Director, Village Public Safety Officer Program,
Department of Public Safety (DPS), responded that he did not
have the fiscal notes with him, but offered information from
memory. He stated that the primary fiscal note relates to the
background investigator position, and said that service
currently is borrowed from the Recruitment Section for the
Alaska State Troopers, within DPS. He said that "a growth of
this program" would provide "a position within the VPSO Program
to address those background needs." Mr. Hard explained the
second fiscal note relates to psychological testing. He said
there are currently 50 VPSOs in the system, and he offered his
understanding that the fiscal note estimates 50 VPSOs would be
tested. He opined that that is "a bit elevated" and would cover
a worst-case scenario. He explained that "site testing would be
associated with those going towards firearm qualifications, and
we don't have any that ... have currently achieved that, nor
have the regional corporations moved in that direction." The
third fiscal note pertains to the Criminal Justice Information
[Services] (CJIS). He explained that when that information is
given to private entities, there must be an audit process;
however, he offered his understanding that that audit process
can be absorbed by "the folks that do that" for DPS, since
"we're only, at this point, dealing with 10 nonprofits or
municipalities administering the grants."
9:02:31 AM
CHAIR ZULKOSKY thanked the testifiers.
[HB 313 was held over.]
9:02:54 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Tribal Affairs meeting was adjourned at
9:03 a.m.
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