Legislature(1997 - 1998)

03/12/1998 03:40 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
            SENATE STATE AFFAIRS COMMITTEE                                     
                    March 12, 1998                                             
                      3:40 p.m.                                                
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Jerry Ward, Vice-Chairman                                              
Senator Jerry Mackie                                                           
Senator Jim Duncan                                                             
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Senator Lyda Green, Chairman                                                   
Senator Mike Miller                                                            
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
CONFIRMATION HEARINGS:                                                         
                                                                               
     Alaska Army National Guard - Assistant Adjutant General                   
          Brigadier General Stephen P. Korenek                                 
                                                                               
     Alaska Public Offices Commission                                          
          Kathleen Harrington - Anchorage                                      
          Phillip R. Volland, Esq. - Anchorage                                 
                                                                               
     State Commission for Human Rights                                         
          Christine R. Marasigan - Kodiak                                      
          James H. Chase - Anchorage                                           
                                                                               
WITNESS REGISTER                                                               
                                                                               
Brigadier General Stephen P. Korenek                                           
Alaska Army National Guard                                                     
P.O. Box 5800                                                                  
Fort Richardson, AK 99505-0800                                                 
                                                                               
Kurt P Autor                                                                   
P.O. Box 23-2021                                                               
Anchorage, AK 99523                                                            
                                                                               
Ms. Kathleen Harrington                                                        
1242 St. Gotthard Avenue                                                       
Anchorage, AK 99508                                                            
                                                                               
Phillip R. Volland                                                             
211 H St.                                                                      
Anchorage, AK 99517                                                            
                                                                               
Ms. Christine Marasigan                                                        
1512 Mission Road                                                              
Kodiak, AK 99615                                                               
                                                                               
James H. Chase                                                                 
P.O. Box 5506                                                                  
Fort Richardson, AK 99505                                                      
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-12, SIDE A                                                             
Number 001                                                                     
                                                                               
VICE CHAIRMAN WARD called the Senate State Affairs Committee to                
order at 3:40 p.m., and noted the presence of Senators Mackie,                 
Duncan and Ward.  Chairman Green was absent due to illness.                    
                                                                               
VICE CHAIRMAN WARD announced the first order of business would be              
a confirmation hearing on Brigadier General Korenek's appointment              
as  Assistant Adjutant General of the Alaska Army National Guard.              
                                                                               
BRIGADIER GENERAL STEPHEN P. KORENEK, addressing  the committee via            
teleconference from Washington, D.C., stated he came to Alaska with            
the U.S. Army in 1970, which was his first duty station after his              
tour in Viet Nam.  After three years at Fort Wainwright, he went to            
the Infantry  Officer Advanced Course at Fort Benning, Georgia.  He            
then returned to duty in Alaska until 1975 when he left active duty            
and went to work for the Department of Corrections in Fairbanks.               
                                                                               
Brigadier General Korenek said in 1976 he received his first Alaska            
Army National Guard assignment in Fairbanks and he has been active             
with the guard ever since.  He has held many command positions,                
including  company command, detachment command of the Public                   
Affairs Detachment, battalion command in Nome for four years, and              
command of the 207th Infantry Group.                                           
                                                                               
Brigadier General Korenek related that since his appointment by                
Governor Knowles  to the assistant adjutant general position, he               
has left his full-time job with the Department of Corrections in               
Nome and he and his wife have moved to Anchorage.                              
                                                                               
VICE CHAIRMAN WARD thanked Brigadier General Korenek for his                   
presentation.                                                                  
                                                                               
Number 104                                                                     
                                                                               
KURT P. AUTOR, an Anchorage attorney testifying via teleconference             
from Anchorage, stated he represents various members of the Alaska             
National Guard in discrimination complaints and retaliation                    
complaints which directly involve allegations against Brigadier                
General Korenek.                                                               
                                                                               
Mr. Autor related that in the course of his representation, which              
started in October 1997, he has uncovered fairly substantial                   
evidence of widespread systematic illegal activity by the senior               
command of the Alaska National Guard, specifically including                   
Brigadier General Korenek.  The evidence he has is not only based              
on the clients that he represents, but also various witnesses and              
other similarly situated members of the guard, both with the Air               
Guard and the Army Guard who have pending complaints or various                
sources of grievances in the nature of EEO violations.  He said the            
people he has obtained his evidence from represent a very, very                
broad section of the guard.                                                    
                                                                               
Mr. Autor emphasized that it is his opinion and very firm belief               
that the information he has is not based on isolated cases of                  
agitators or malcontents, etc., but instead, they are people who               
have come forward and tried to bring matters of illegal activity               
and corrupt practices to the attention of the appropriate parties              
responsible for oversight.                                                     
                                                                               
Mr. Autor related that he had short notice for Brigadier General               
Korenek's confirmation hearing and he was not able to provide a                
supplemental written statement with his testimony, but he advised              
the committee that he would set forth in specificity the nature of             
the allegations he was making, and that he could provide supporting            
evidence as well.                                                              
                                                                               
Mr. Autor stated that Brigadier General Korenek has been named as              
a responsible management official for engaging in separate and                 
distinct acts of discrimination or retaliation based on his                    
condoning conduct of a subordinate officer who has demonstrated by             
written evidence that he perjured himself in testimony in making               
false allegations against  various members of the guard.  Mr. Autor            
said he further made false statements in a memorandum to the                   
Adjutant General in stating in an adverse administrative finding               
that these individuals had demonstrated poor conduct.                          
                                                                               
Number 186                                                                     
                                                                               
VICE CHAIRMAN WARD asked if there was any civil litigation going on            
at this time.  MR. AUTOR responded that there is no civil                      
litigation in which he is presently involved; however, there is                
civil litigation involving other guard members in various stages.              
In one such case that was handed down by the Alaska Supreme Court              
several weeks ago, it was found that the Alaska Senior Command had             
violated a staff judge advocate's constitutional right of due                  
process.                                                                       
                                                                               
VICE CHAIRMAN thanked Mr. Autor for his testimony and assured him              
that upon receipt of his written statement, it would be distributed            
to the senators and to Brigadier General Korenek as well so that he            
would be able to respond to it in a timely manner.                             
                                                                               
Number 242                                                                     
                                                                               
BRIGADIER GENERAL KORENEK commented that these matters should be               
dealt with administratively through the channels that are available            
to the complainants, and those which are found to need to go                   
through that process certainly will.  He said that Mr. Autor is                
correct that there have been complaints filed through the EEO                  
channels with his name at the top of them, and he noted that there             
were some lawsuits filed with his name at the top of them when he              
was a probation/parole officer with the Department of Corrections              
as well.   He added that it is sort of the nature of the game that             
you are in.  He also noted that prior to assuming his present                  
position in the guard, in 20-plus years there had never been a                 
complaint filed against him.                                                   
                                                                               
Number 285                                                                     
                                                                               
SENATOR MACKIE moved that the name of Brigadier General Korenek be             
forwarded to the joint session for consideration, and that this                
does not reflect an intent by any committee member to vote for or              
against the nominee.  Hearing no objection, VICE CHAIRMAN WARD                 
stated the motion carried.                                                     
                                                                               
Number 290                                                                     
                                                                               
VICE CHAIRMAN WARD stated the next order of business would be the              
confirmation hearing on the appointment of Ms. Harrington to the               
Alaska Public Offices Commission (APOC).                                       
                                                                               
KATHLEEN HARRINGTON, testifying from Anchorage via the                         
teleconference network, said she has been a resident of Alaska                 
since 1976 and a practicing attorney for the last 22 years.  She               
expressed her interest in campaign issues and said she has attended            
two separate sessions of the APOC.  She said she has the time to               
devote to the work of the Commission, and she requested the                    
committee's favorable consideration of her nomination to the APOC.             
                                                                               
Number 318                                                                     
                                                                               
SENATOR MACKIE asked Ms. Harrington if she has any family or                   
friends that are currently in an elected position that she may have            
to sit in judgement of as a member of the Commission.  MS.                     
HARRINGTON responded that she does not.                                        
                                                                               
Number 325                                                                     
                                                                               
Due to the temporary loss of a quorum, the motion to forward Ms.               
Harrington's name for consideration at a joint session was delayed             
until a quorum was reestablished.                                              
                                                                               
Number 330                                                                     
                                                                               
VICE CHAIRMAN WARD stated the next order of business would be the              
confirmation hearing on the appointment of Mr. Volland to the                  
Alaska Public Offices Commission.                                              
                                                                               
PHILLIP R. VOLLAND, ESQ., testifying via teleconference from                   
Anchorage, said he knows some of the committee members from his                
work in Juneau and that he would respond to questions the committee            
may have.                                                                      
                                                                               
VICE CHAIRMAN WARD asked Mr. Volland if he currently has any                   
relatives in office that would have the opportunity to  come before            
the Commission.  MR. VOLLAND responded that he does not.                       
                                                                               
Number 346                                                                     
                                                                               
SENATOR MACKIE moved that the names of Kathleen Harrington and                 
Phillips Volland be forwarded to a joint session for consideration,            
and that this does not reflect an intent by any committee member to            
vote for or against the nominees.  Hearing no objection, VICE                  
CHAIRMAN WARD stated the motion carried.                                       
                                                                               
Number 360                                                                     
                                                                               
VICE CHAIRMAN WARD stated the final order of business would be                 
confirmation hearings on the nominees to the State Commission for              
Human Rights.                                                                  
                                                                               
CHRISTINE R. MARASIGAN, testifying via teleconference from Kodiak,             
stated that she grew up in Kodiak and that she is willing and able             
to serve on the State Commission for Human Rights.                             
                                                                               
SENATOR MACKIE commented that Ms. Marasigan is an excellent                    
appointment by the Governor, and he thinks she is very well                    
qualified to serve as a commissioner.                                          
                                                                               
SENATOR MACKIE moved that the name of Christine Marasigan be                   
forwarded to a joint session for consideration, and that this does             
not reflect an intent by any committee member to vote for or                   
against the nominee.  Hearing no objection, VICE CHAIRMAN WARD                 
stated the motion carried.                                                     
                                                                               
Number 372                                                                     
                                                                               
JAMES H. CHASE, testifying via teleconference Anchorage, noted he              
served on the State Commission for Human Rights from 1978 until                
1989 when he left the state for a few years, and he views this                 
appointment as a request to go back and finish the job that he                 
started.                                                                       
                                                                               
SENATOR MACKIE moved that the name of James Chase to be forward to             
a joint session for consideration, and that this does not reflect              
an intent by any committee member to vote for or against the                   
nominee.  Hearing no objection, VICE CHAIRMAN WARD stated the                  
motion carried.                                                                
                                                                               
There being no further business to come before the committee, the              
meeting adjourned at 4:10 p.m.                                                 

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