Legislature(2019 - 2020)BELTZ 105 (TSBldg)
03/02/2020 01:30 PM Senate JUDICIARY
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| Audio | Topic |
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| Start | |
| Confirmation Hearing(s): | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 2, 2020
1:30 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Peter Micciche, Vice Chair
Senator Shelley Hughes
Senator Lora Reinbold
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Alaska Police Standards Council
Ed Mercer - Juneau
Joseph White - Ketchikan
Jennifer Winkelman - Juneau
- CONFIRMATIONS ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
ED MERCER, Appointee
Alaska Police Standards Council
Department of Public Safety; Chief of Police
Juneau Police Department
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
JOSEPH WHITE, Appointee
Alaska Police Standards Council
Department of Public Safety; Chief of Police
Ketchikan Police Department
Ketchikan, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
JENNIFER WINKELMAN, Appointee
Alaska Police Standards Council
Department of Public Safety; Director
Division of Probation, Parole & Pretrial;
Acting Deputy Commissioner
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
ACTION NARRATIVE
1:30:05 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:30 p.m. Present at call to order
were Senators Kiehl, Hughes, Reinbold, Micciche and Chair
Coghill.
^Confirmation Hearing(s):
CONFIRMATION HEARING(S):
Alaska Police Standards Council
1:31:28 PM
CHAIR COGHILL announced that the only order of business would be
consideration of governor appointees to the Alaska Police
Standards Council.
1:32:01 PM
ED MERCER, Appointee, Alaska Police Standards Council (APSC),
Department of Public Safety; Chief of Police, Juneau, Alaska,
provided his background, including that he took a job with the
Juneau Police Department in 2000. He worked his way up from
police officer to chief. He holds thousands of hours of training
ranging from procedures to management training. He holds a
Bachelor of Science degree in criminal justice from Herzing
University in Madison, Wisconsin. He graduated from the FBI
National Academy. He holds an advanced certificate from the
APSC. He also serves on the Alaska Association of Chiefs of
Police, and the Alaska High Intensity Drug Trafficking Area
Board. He serves on the Alaska Area Maritime Security Committee
Board and a national FBI Criminal Justice Information Services
(CJIS) Group for the Western region.
He said he would like to serve on this board because of his
strong interest in serving his community and enhancing police
professionalism and accountability. He expressed interest in
serving on the council that oversees the minimum standards for
all law enforcement officers.
CHAIR COGHILL thanked him for his service.
1:34:27 PM
SENATOR REINBOLD remarked that many people are concerned about a
lack of justice for victims. She related that only 50 of 1,500
sexual assault cases result in convictions, although she did not
believe it is due to police officers. She related her experience
visiting Hiland Mountain Correctional Facility was that many
inmates began drug use to mask the pain of abuse and sense that
the outcome of their case did not provide justice. She asked him
to describe any holes in the criminal justice system and ways to
better provide justice for victims.
CHIEF MERCER acknowledged that sexual assault cases are very
traumatic. He explained that these investigations are very
complex and require physical evidence, so he is not surprised
the conviction levels are not as high as the public desires. He
said that he appreciated that she did not believe law
enforcement is responsible for low conviction rates. He related
that in the past year he advocated for adequate numbers of
police and prosecutors since the state currently has shortages
of each. Police and prosecutors must prioritize cases when
shortages exist. Fortunately, Juneau received an additional
prosecutor and that helped.
1:37:37 PM
SENATOR REINBOLD asked what he can do to get more cases
prosecuted, to validate the victims, and get more perpetrators
off the street.
CHAIR COGHILL asked members to keep the discussion focused on
the Alaska Police Standards Council (APSC). He asked Chief
Mercer to describe what the council can do in terms of training
and disciplinary action to help alleviate the problems.
CHIEF MERCER responded that pre-1980s people's attitude towards
domestic violence was more tolerant. Since then the state and
the country has moved forward and people are much more aware and
inclined to report domestic violence crimes. He emphasized the
importance of continuing to educate the public and encouraging
reporting, which will help address the issue. He agreed that it
is very difficult for victims to go through the criminal justice
system because they face exposure.
He said it is essential for APSC to uphold professionalism. He
emphasized that training is important, that tenured officers
continually train to ensure they understand the current law and
take appropriate actions. The council must ensure that officers
are certified, and officers must investigate all crimes
regardless of the individual's identity or position.
SENATOR HUGHES asked if the council's recommendations for
training need to be modified to address the high rate of human
trafficking, child sexual exploitation, and incidence of sexual
assault cases. She suggested that officers could receive
training to alert them to signs of these crimes since the
council develops and sets training requirements.
CHIEF MERCER responded that human trafficking happens in Alaska,
but the Juneau area has not experienced many cases. He agreed
that additional training for officers to detect suspicious or
illegal trafficking activity could be beneficial, similar to the
training officers receive to detect drug trafficking. He pointed
out that several of his detectives received training related to
strangulation, which has been emphasized statewide for all law
enforcement officers.
1:45:13 PM
SENATOR KIEHL asked what he could do to improve the partnership
between law enforcement agencies and organizations outside law
enforcement. He also asked him to identify any specific training
he recommends.
CHIEF MERCER pointed to the federal Violence Against Women Act
(VAWA). He recalled attending national conferences with
advocates, prosecutors, and police who shared what works for
them. Alaska can benefit from other states since Alaska tends to
fall behind national crime trends. However, these issues
eventually come to Alaska. He reported that the Juneau Police
Department (JPD) does a good job obtaining training for its
officers. They receive 80 hours per year of in-house training
and participate in specialty training related to domestic
violence, strangulation, and driving offense training to detect
marijuana.
1:48:10 PM
SENATOR REINBOLD expressed concern that marijuana is legal in
Alaska, given the that the high level of drugs in Alaska's
communities leads to theft and other crimes. She asked what the
state needs to do to address drug related crimes.
CHIEF MERCER responded that the state has done a good job in
terms of addressing high intensity drug trafficking. The state
has obtained funding to train detectives and drug detection for
police departments. He noted that the federal pass-through
funding will be beneficial to everyone. He acknowledged that
marijuana is legal, but studies have shown impaired driving
occurs. It may be helpful to have detection units conduct field
testing. The JPD has a dog trained in drug detection that it
uses in the region. He acknowledged that funding for training
and handling dogs is expensive, so additional funding for
individual police departments would be welcome.
1:51:35 PM
SENATOR MICCICHE asked what the Alaska Police Standards
Council's role is with village public safety officers (VPSOs)
and village police officer (VPO) programs.
CHIEF MERCER answered that the council ensures that all law
enforcement officers are properly trained, meet the requirements
necessary for certification, and adhere to the same standards.
SENATOR MICCICHE related his understanding that gang members
often provide drugs to victims who self-medicate due to trauma.
He asked if he focused on gang activity and effective
investigation methods to root it out. He emphasized it is
important to show that Alaska does not tolerate criminal
activity. He further asked if the council has taken any steps to
reduce criminal activity by gangs, similar to the state
crackdown in the late 1990s.
CHIEF MERCER answered that Southeast Alaska has not been plagued
with gang activity. He agreed the council should provide
training since a nexus exists between drugs and other vices.
JPD's detectives receive training at the U.S. Drug Enforcement
Administration (DEA) Training Academy on drugs and gangs.
1:55:20 PM
SENATOR HUGHES said that one of the duties of the council is to
determine law enforcement officer misconduct and if the officer
will lose his or her certification. She asked if he has been
involved in any cases where law enforcement officers have lost
their certification. She asked for his perspective on how that
process works.
CHIEF MERCER said during his ten years of service in the Juneau
Police Department's administration, he has received complaints
against police officers who have been disciplined or terminated.
Sometimes his or her behavior is so egregious that the officer's
moral character is deemed unsuitable to remain certified. He has
referred officers to the council for investigation and action.
He said he has served on the council since December and while he
has a good understanding of the process, he is still learning
his role.
SENATOR HUGHES asked if the council has jurisdiction over all
officers in the state.
CHIEF MERCER replied the Alaska Police Standards Council has
authority over all jurisdictions, including VPSOs, VPOs,
municipal police, and state troopers.
1:58:43 PM
SENATOR KIEHL asked if the Juneau Police Department plans on
replacing its drug detection dog, "Buddy."
CHIEF MERCER answered that the department has sufficient funding
to replace the six-year-old and plans to keep its drug
enforcement program going.
CHAIR COGHILL thanked him for his service
2:00:11 PM
JOSEPH WHITE, Appointee, Alaska Police Standards Council,
Department of Public Safety; Chief, Ketchikan Police Department,
Ketchikan, Alaska, advised that he has served as the police
chief for three of his 24 years of service at the Ketchikan
Police Department. He received a Bachelor of Science degree from
the University of Alaska Anchorage. He serves on a local
Domestic Violence Task Force and is Chair of the Local Emergency
Planning Committee. He has thousands of hours of police training
and graduated from the FBI National Academy in 2013. He was
appointed to the council in May 2018 and has participated in
some meetings and decisions. He brings his law enforcement
skills to the council. He said that he likes to listen to all
aspects of an issue before making a decision. He has enjoyed
serving on the council.
2:01:42 PM
SENATOR REINBOLD asked whether he was one of the police chiefs
who opposed Senate Bill 91.
CHIEF WHITE answered no; he remained neutral in the process. He
acknowledged that some reforms were needed, but some provisions
were "deep cutting."
CHAIR COGHILL reminded members to focus on the role of the
Alaska Police Standards Council.
SENATOR REINBOLD expressed disappointment that he did not stand
against Senate Bill 91. She related her observations of low
morale in law enforcement in Southcentral. She asked his views
on HB 49 [related to crimes, sentencing, drugs, theft, and
reports, effective date July 2019]. She asked what can be done
to address low conviction rates in sexual assault and domestic
violence cases and to reduce street drugs.
CHAIR COGHILL cautioned that it was inappropriate to ask
appointees if they like current law. He suggested the committee
hear what the Alaska Police Standards Council can do to help
Alaska.
CHIEF WHITE highlighted the importance of building relationships
with other stakeholders and agencies, so the council can work
cooperatively to obtain the best outcomes. He currently works
jointly with a task force on drugs in Southeast Alaska to find
points of entry and identify patterns. The department has
dedicated drug officers and works with federal agencies.
The Ketchikan Police Department (KPD) is currently assessing how
it handles sexual assault crimes. KPD wants to provide training
to enhance officer interview skills and to help the department
incorporate emotional support for victims. He said he was not
aware of any sex trafficking cases, but the KPD has experienced
a number of enticement cases. KPD works with other agencies in
the Lower 48 to ensure that perpetrators are held accountable
for their actions.
2:06:45 PM
SENATOR HUGHES asked him to talk about training to address the
disturbing crime trends, his experience with officer misconduct,
and an outline of the council's disciplinary process.
CHIEF WHITE responded that KPD trains its detectives in forensic
child interviewing techniques. He echoed the importance of
developing a better coalition between stakeholders, advocates,
health care providers, prosecutors and the police department to
get the best results in sexual assault and domestic violence
cases. KPD has made some leaps with DNA testing with good
results. He said, "If you want the best outcomes, you need
highly trained officers." KPD's goal is to achieve highly
trained and proficient officers.
He indicated that he has handled instances of officer
misconduct, including the need to report officers to the
council. He acknowledged that the department loses public trust
when officers abuse their law power to the extent that they are
reported to the council. When an officer in Juneau has problems
that require intervention, it will also affect other departments
in the region, and it makes police officers' job exponentially
more difficult. He reiterated the importance of developing
working relationships with the communities who need to trust law
enforcement. The council provides the process to discipline and
remove law enforcement officers whose inappropriate behavior or
actions have led to referral to the council for action. The
council's role is to screen cases and maintain the highest
standards for the state.
CHAIR COGHILL noted that the Alaska Police Standards Council
consists of four chief administrative officers or chiefs of
police and the committee was reviewing two of them today.
2:10:13 PM
SENATOR REINBOLD said she was impressed with their
qualifications. She asked whether he has enough tools to train
police officers on cybercrimes.
CHIEF WHITE said he serves on a task force with the Anchorage
Police Department and the Alaska State Troopers that
collaborates to keep current on cybercrimes. KPD has an active
investigative division working on enticement crimes and child
pornography. They have received specialized equipment to work
these cases and it have had good results in prosecuting these
cases.
2:12:15 PM
SENATOR REINBOLD thanked him for working with federal agencies
and commended his coordination with other agencies. She noted
the audit on the crime lab, which can provide analysis to help
obtain convictions.
CHAIR COGHILL thanked Chief White for his willingness to serve.
CHIEF WHITE said the council's work is very important to Alaska,
its citizens, and the communities. The council helps ensure
there are highly qualified and trained officers to enhance the
state.
2:14:49 PM
JENNIFER WINKELMAN, Appointee, Alaska Police Standards Council,
Department of Public Safety; Director, Division of Probation and
Parole and Pretrial; Acting Deputy Commissioner, Department of
Corrections, Juneau, Alaska, said she appreciated being
reappointed to the correctional administrative officer position
on the Alaska Police Standards Council. She added that the
council also provides certification for probation, parole,
pretrial, and correctional officers.
She related that she is a fourth generation Alaskan. She was
born and raised in Fairbanks, and she graduated from the
University of Alaska Fairbanks with a Bachelor of Arts degree in
Justice and an Associate of Applied Science degree in Paralegal
Studies. She has served at the Department of Corrections for
nearly 20 years and is passionate about her work.
MS. WINKELMAN said she has a strong interest in serving her
community. She believes that the council is important to
maintain professionalism and integrity within the law
enforcement community, which correlates to public safety.
She related that when she became director at the Division of
Pretrial, Probation, and Parole, she was presented with the
opportunity to serve on this council. She viewed it as an honor
and privilege to serve in a greater capacity outside of the
Department of Corrections.
MS. WINKELMAN said that as a leader in corrections, she has
learned that to successfully promote public safety, the
department cannot operate in a silo. Instead, the department
must work and train together as a community. She acknowledged
that the state has encountered difficulty in recruitment and
retention of law enforcement. She offered her view that serving
on this council can provide insight to opportunities to produce
and maintain highly trained officers to protect the state and
restore the public's trust in law enforcement. She said she
believes in the work peace officers provide, but the system must
have checks and balances because of the latitude and authority
provided to law enforcement.
She said she has observed cases of misconduct as a manager and
as a council member in the past year. She has gained a new
perspective from serving on the council, but she also brings a
broad statewide perspective from her experience working for the
Department of Corrections ranging from offices in Barrow to
Ketchikan, although she has not lived in rural Alaska. She said
that these experiences have given her knowledge of the strengths
and struggles that exist in terms of staffing and unique cases
in Alaska. She emphasized the importance of law enforcement
agencies and organizations working together as a team to
accomplish their mission. She offered her view that the council
lives by its mission and core services. She brings her skills to
the council, including that she listens and is fair and
impartial in making decisions that impact officers and
communities. She considers the facts before formulating
decisions, based on safety in communities. The career field
evolves with technology and tools, but there is a necessity to
ensure that Alaska produces highly skilled law enforcement
agents with morals and integrity.
2:21:20 PM
SENATOR REINBOLD said she initially had concerns about regional
balance on the council, but after hearing about her work in
rural Alaska, she feels more comfortable. She encouraged her to
network with law enforcement in Southcentral and to encourage
officers not to forget the impact crimes has on victims.
2:22:42 PM
MS. WINKELMAN said she was committed to do so. She acknowledged
that the council members subject to hearings today are from
Southeast Alaska, but several other members on the council are
from other areas of the state. She identified the common
denominator as the victim.
CHAIR COGHILL asked her to describe some of the unique issues
related to standards and training.
MS. WINKELMAN replied it is important that officers and
personnel who interact with victims receive additional victim-
sensitive training to understand the victim's perspective and
the trauma the victims have suffered. She described the
probation officer's containment model used to supervise sex
offenders, which consists of a team approach to cover all
aspects of the defendant. She said she views working in the
system in the same way, that correctional and law enforcement
officers, victims, the attorneys, courts, and advocates must all
work together.
2:26:23 PM
SENATOR HUGHES said correctional officers hold a unique
position, but drugs are getting into the prisons and substance
abuse is underlying all crimes. She asked if the council could
employ any best practices to train other officers to pick up on
misconduct by other correctional officers to root out these drug
problems.
MS. WINKELMAN answered that it is important for correctional
officers to fall under the council to help them achieve
professionalism. She said that she is not aware of a certain
training, but she will be on the lookout for specific training,
so officers receive best practices training. She acknowledged
that these types of problems can tarnish the agency.
2:29:41 PM
SENATOR KIEHL noted the difference in minimum age, which is 19
years of age for employees who work in jails but 21 years of age
for employees who work in prisons. Because of the general
shortage of law enforcement officers, he asked her perspective
of establishing a minimum 19 years of age for officers in all
facilities.
MS. WINKELMAN said she was interested in exploring this. It
would be a regulation change since the Alaska Police Standards
Council requires a minimum age of 21. She was unsure if changing
the age would pose any danger.
2:31:43 PM
CHAIR COGHILL opened public testimony, and after determining no
one wished to testify, closed public testimony on the
confirmation hearings for Ed Mercer, Joseph White, and Jennifer
Winkelman.
He read a portion of the fact sheet, that the Alaska Police
Standards Council consists of four chief administrative officers
or chiefs of police of local governments; the commissioner of
public safety or a designee; the commissioner of corrections or
a designee; two persons, each of who has been certified for five
years or more by the council under this chapter, one of whom
serves as a police officer and one of whom serves as a probation
officer, parole officer, municipal correctional officer, or
correctional officer; one correctional administrative officer
who is employed at the level of deputy director or higher; and,
four members of the public at large with at least two from the
communities of 2,500 population or less.
2:33:37 PM
SENATOR MICCICHE stated that in accordance with AS 39.05.080,
the Senate Judiciary Standing Committee has reviewed the
following and recommends the appointments be forwarded to a
joint session for consideration:
Alaska Police Standards Council
Ed Mercer - Juneau
Joseph White - Ketchikan
Jennifer Winkelman -Juneau
2:33:58 PM
CHAIR COGHILL reminded members that signing the reports
regarding appointments to boards and commissions in no way
reflects individual members' approval or disapproval of the
appointees; the nominations are merely forwarded to the full
legislature for confirmation or rejection.
2:34:56 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:34 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| JUD Police Standards Council Mercer #1 .pdf |
SJUD 3/2/2020 1:30:00 PM |
Ed Mercer Resume |
| JUD Police Standards Council White #1 .pdf |
SJUD 3/2/2020 1:30:00 PM |
Joseph White Resume |
| JUD Police Standards Council Winkelman #1 .pdf |
SJUD 3/2/2020 1:30:00 PM |
Jennifer Winkleman Resume |