03/19/2019 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB33 | |
| Confirmation Hearing(s) | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 33 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 19, 2019
3:35 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator John Coghill, Vice Chair
Senator Lora Reinbold
Senator Peter Micciche
Senator Scott Kawasaki
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 33
"An Act relating to pretrial release; relating to sentencing;
relating to treatment program credit toward service of a
sentence of imprisonment; relating to electronic monitoring;
amending Rules 38.2 and 45(d), Alaska Rules of Criminal
Procedure; and providing for an effective date."
- MOVED CSSB 33(STA) OUT OF COMMITTEE
CONFIRMATION HEARING(S)
Alaska Public Offices Commission
Jennifer Winkelman - Juneau
- CONFIRMATION ADVANCED
Alaska State Commission for Human Rights
Suzanne Hancock - Anchorage
Marcus Sanders - Anchorage
- CONFIRMATIONS ADVANCED
Alaska Public Offices Commission
Jim McDermott - Fairbanks
- CONFIRMATION ADVANCED
Alaska State Personnel Board
Craig Johnson - Anchorage
- CONFIRMATION ADVANCED
PREVIOUS COMMITTEE ACTION
BILL: SB 33
SHORT TITLE: ARREST;RELEASE;SENTENCING;PROBATION
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/23/19 (S) READ THE FIRST TIME - REFERRALS
01/23/19 (S) STA, JUD, FIN
02/07/19 (S) STA AT 3:30 PM BUTROVICH 205
02/07/19 (S) Heard & Held
02/07/19 (S) MINUTE(STA)
02/14/19 (S) STA AT 3:30 PM BUTROVICH 205
02/14/19 (S) Heard & Held
02/14/19 (S) MINUTE(STA)
02/19/19 (S) STA AT 3:30 PM BUTROVICH 205
02/19/19 (S) Heard & Held
02/19/19 (S) MINUTE(STA)
02/21/19 (S) STA AT 3:30 PM BUTROVICH 205
02/21/19 (S) Heard & Held
02/21/19 (S) MINUTE(STA)
03/12/19 (S) STA AT 3:30 PM BUTROVICH 205
03/12/19 (S) Heard & Held
03/12/19 (S) MINUTE(STA)
03/14/19 (S) STA AT 3:30 PM BUTROVICH 205
03/14/19 (S) Heard & Held
03/14/19 (S) MINUTE(STA)
03/19/19 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
NANCY MEADE, General Counsel
Administrative Services
Office of the Administrative Director
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Answered questions and provided information
related to SB 33.
KACI SCHROEDER, Assistant Attorney General
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions and provided information
related to SB 33.
JENNIFER WINKELMAN, Appointee
Alaska Police Standards Council
Alaska Department of Public Safety
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
SUZANNE HANCOCK, Appointee
Alaska Public Offices Commission
Alaska Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Public
Offices Commission.
VICKIE JO KENNEDY, representing self
Kodiak Island
POSITION STATEMENT: Stated that she highly endorses Suzanne
Hancock.
MARCUS SANDERS, Appointee
Alaska State Commission for Human Rights
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska State
Commission for Human Rights.
JIM MCDERMOTT, Appointee
Alaska Public Offices Commission
Alaska Department of Administration
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Public
Offices Commission.
CRAIG JOHNSON, Appointee
Alaska State Personnel Board
Division of Personnel and Labor Relations
Alaska Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska State
Personnel Board.
ACTION NARRATIVE
3:35:29 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 3:35 p.m. Present at the call to
order were Senators Reinbold, Coghill, Kawasaki, Micciche, and
Chair Shower.
SB 33-ARREST;RELEASE;SENTENCING;PROBATION
3:36:14 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 33
"An Act relating to pretrial release; relating to sentencing;
relating to treatment program credit toward service of a
sentence of imprisonment; relating to electronic monitoring;
amending Rules 38.2 and 45(d), Alaska Rules of Criminal
Procedure; and providing for an effective date."
He advised that this bill was last heard last Thursday 3/14/19
and public testimony was heard and is closed. Written testimony
may be submitted to [email protected] until 6:00 pm
this evening, assuming the bill moves from committee today. He
noted that there was one amendment for the committee to
consider. He noted who was available to answer questions.
3:36:58 PM
SENATOR COGHILL moved to adopt Amendment 1, work order 31-
GS1030\M.1, on behalf of Senator Reinbold as sponsor.
31-GS1030\M.1
Radford
3/15/19
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: CSSB 33(STA), Draft Version "M"
Page 1, line 3:
Delete "38.2"
Insert "5(a), 38.2,"
Page 1, line 14:
Delete "48 [24]"
Insert "72 [24]"
Page 9, line 21:
Delete "48 [24]"
Insert "72 [24]"
Page 13, following line 29:
Insert a new bill section to read:
"* Sec. 22. The uncodified law of the State of
Alaska is amended by adding a new section to read:
DIRECT COURT RULE AMENDMENT. Rule 5(a), Alaska
Rules of Criminal Procedure, is amended to read:
(a) Appearance Before Judicial Officer After
Arrest.
(1) Except when the person arrested is
issued a citation for a class C felony, misdemeanor,
or a violation and immediately thereafter released,
the arrested person shall appear before a judicial
officer without unnecessary delay and in any event
within 72 hours [24 HOURS] after arrest, absent
compelling circumstances, including weekend days and
holidays.
(2) If
(A) the judicial officer commits the
arrested person to jail for a purpose other than
to serve a sentence, and
(B) the jail is situated in a
different community from the place where the
judicial officer committed the arrested person to
jail, and
(C) the arrested person is not
represented by counsel, and
(D) the arrested person has not
previously had a bail review, and
(E) the arrested person has no date,
time and place established for his or her next
court appearance,
then the arrested person shall appear before
a judicial officer the next business day
(i) in order for bail to be
reviewed, and
(ii) in order to determine if the
person is represented by counsel, and
(iii) in order for the counsel to
be appointed, if appropriate.
(3) The responsibility for ensuring that
the arrested person appears before a judicial officer
as specified in paragraphs (1) and (2) of this
subsection shall be borne equally by
(A) municipal police officers and
municipal jail personnel, and by
(B) state troopers, state jail
personnel, and all other peace officers.
No distinction shall be drawn between cases
in which arrest was made pursuant to a warrant
and cases in which arrest was made without a
warrant.
(4) Whenever the person arrested on a
warrant appears before a judicial officer other than
the one who issued the warrant, the complaint and any
other statement or deposition on which the warrant was
granted must be furnished to the defendant and must be
communicated to the judicial officer before whom the
person arrested appears.
(5) Whenever a person arrested without a
warrant appears before a judicial officer, a complaint
shall be filed forthwith.
(6) Judicial officers and jail facilities
shall be available at all times to receive bail, and
each judicial officer individually shall have
authority to delegate this duty to the person
admitting the defendant to jail, or to such other
person as shall in the determination of a judicial
officer be qualified for this purpose."
Renumber the following bill sections accordingly.
Page 23, line 22:
Delete "Sections 22 - 24"
Insert "Sections 22 - 25"
Delete "secs. 22 - 24"
Insert "secs. 22 - 25"
CHAIR SHOWER objected for discussion purposes.
3:37:29 PM
SENATOR REINBOLD said that the amendment modifies the title and
changes the timeline for arraignments from 24 to 72 hours. She
offered that 72 hours allows the troopers time to interview
witnesses and allows more time for the victim who may be too
"beat up" to be interviewed right away. She shared that both
troopers and police officers have complained to her repeatedly
"that the guys or gals are getting released before the ink is
dry on the reports." She said 72 hours allows more flexibility,
particularly in rural communities where resources are less
available and crime is higher.
3:38:58 PM
SENATOR KAWASAKI recalled that earlier testimony from the court
indicated that 48 hours was already the outside limit and there
wasn't any need to extend beyond that. He questioned the
necessity of the amendment.
3:39:41 PM
NANCY MEADE, General Council, Administrative Service, Office of
the Administrative Director, Alaska Court System, Anchorage,
suggested it might be best if the sponsor also explained her
view. She confirmed Senator Kawasaki's recall that the court
system schedules arraignments for court appearances within 24
hours. Current law allows up to 48 hours and that extension is
used occasionally for such things as the defendant is not in
shape to appear in court. She noted the statute also allows the
prosecutor up to 48 hours to gather the evidence for the bail
hearing. "But the court does schedule them within 24 hours."
CHAIR SHOWER asked her to comment on the situation Senator
Reinbold cited about the victim being in such bad shape they
were unable to provide information.
MS. MEADE suggested he ask law enforcement to comment on that
because she didn't have that information.
3:41:11 PM
SENATOR COGHILL asked if witnesses are called in an arraignment.
MS. MEADE replied not usually.
CHAIR SHOWER asked if the courts requested the proposed
extension and if the court feels the extension is necessary.
MS. MEADE clarified that the courts did not request the
amendment. She noted that she previously testified that the
courts schedule arraignments within 24 hours. The law allows up
to 48 hours, but the court's perspective is that more time is
not needed.
3:42:07 PM
SENATOR REINBOLD clarified that the amendment is not about the
courts; it is about the troopers and victims. She commented on
pretrial delays and the emphasis that the courts place on the
defendant and that the process is not victim oriented.
3:43:40 PM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law, Juneau, introduced herself.
3:43:57 PM
MICHAEL DUXBURY, Deputy Commissioner, Department of Public
Safety, Anchorage, explained that rural Alaska has Village
Police Officers (VPOs), Tribal Police Officers(TPOs), and
Village Public Safety Officers (VPSOs). VPSOs have a good amount
of law enforcement training whereas the VPOs and TPOs need help
and guidance from the Alaska State Troopers to prepare the
reports and charging documents in a format that is acceptable to
the courts. He described the process in Bethel as an example.
When the troopers arrive in the morning, they are likely to find
up to six reports on the FAX machine from VPOs and TPOs in
outlying areas. Because of the lack of training, the information
in these reports - about probable cause for example, may not be
in an acceptable format for the court. The troopers contact the
VPOs or TPOs to supplement and clarify the reports before they
are sent to the court. This may take some time because the
village officers may have gone off shift. In these circumstances
the extended timeframe is helpful, he said.
3:46:38 PM
CHAIR SHOWER asked if he sees a need to extend the timeframe to
72 hours.
MR. DUXBURY offered his personal opinion that 48 hours is better
than 24 hours and 72 hours could sometimes be important.
CHAIR SHOWER asked if the need for a longer timeframe is unique
to Alaska because of geography and weather.
MR. DUXBURY replied, "In a place that is one-fifth the size of
the United States with only 13,500 miles of road, this is
definitely one of our issues."
CHAIR SHOWER asked the Department of Law to comment on the
timeline.
3:47:52 PM
MS. SCHROEDER said 72 hours would provide more flexibility in
the scenarios that Mr. Duxbury described. The Department of
Law's perspective is that it trails the Court System and will
continue to show up whenever there are hearings.
CHAIR SHOWER asked if there may be constitutional or unintended
consequences associated with extending the timeline to 72 hours.
MS. SCHROEDER replied DOL did not assess the amendment for
constitutional issues, but would not recommend extending beyond
72 hours
CHAIR SHOWER asked if the amendment would increase costs because
people would potentially stay in jail longer.
MR. DUXBURY said he didn't believe this would generate a fiscal
note from the troopers.
3:50:02 PM
SENATOR REINBOLD said she sees a lot of benefit in providing
more flexibility in the timeline. This could potentially reduce
costs associated with travel and staffing on holidays and
weekends and reduce stress on prosecutors that she's heard have
morale issues.
MS. SCHROEDER said it would be difficult to assess any cost
savings because DOL will continue to show up when the courts
hold hearings and the court has said it will continue to arraign
people within 24 hours. She confirmed that there is a fiscal
impact associated with the district attorney offices in
Anchorage and Fairbanks staffing up on weekends to help the
prosecutor handle the inflow.
3:52:01 PM
SENATOR MICCICHE asked Ms. Meade why the court wouldn't want to
avoid some weekend work if it reduced costs somewhat. "Is there
a reason we feel like we need to get to an arraignment within 24
hours?"
MS. MEADE replied the current law is 24 hours so that is what
the court follows. She noted that at some point in the past the
timeline was changed to 48 hours, but the courts continued to
arraign people within 24 hours. She described the Anchorage
"jail court" that's held on the weekends. A judicial officer
goes to the Anchorage jail and starts arraignments at noon. What
used to take a couple of hours can now last until 5:00 pm, she
said, so it would not be feasible to wait and arraign all those
people on Monday. She said she anticipates the court will
continue to schedule arraignments on the weekends to keep up
with the work.
SENATOR MICCICHE clarified for the public that Senate Bill 91
reduced the arraignment timeline from 48 hours to 24 hours, the
courts continued to hold arraignment hearings within 24 hours of
arrest, the administration's SB 33 returns to 48 hours, and Mr.
Duxbury testified that the flexibility in extending the timeline
to 72 hours would be helpful [in rural Alaska]. He asked Mr.
Duxbury to comment.
3:55:33 PM
MR. DUXBURY said his intent was to relay his experience that the
24 hour timeline has been difficult in the circumstances he
described and that 48 hours provided welcome flexibility for
troopers to better support TPOs, VPOs and VPSOs in the villages.
He clarified that he was not testifying in support of or
opposition to 72 hours because he did not have any experience
with or data for that timeline.
CHAIR SHOWER asked what process is followed when somebody isn't
arraigned within 24 hours.
MS. SCHROEDER explained that if DOL doesn't communicate with the
court to get a special dispensation, the risk is that the case
would be dismissed. She added that DOL does watch the clock and
communicates with the court when it's warranted.
3:57:22 PM
SENATOR KAWASAKI asked how the courts, public safety, and the
district attorney's office would respond to the proposed change
to 72 hours.
MR. DUXBURY said he didn't have enough experience to say any
more than the fiscal note would be indeterminate. However, it
would provide the flexibility to allow an officer who has been
up all night and working on overtime to go home for some needed
rest and go to court after the weekend.
MS. MEADE said she did not anticipate any operational or fiscal
impact on the Court System by changing the timeframe from 24
hours to 48 hours or 72 hours.
MS. SCHROEDER explained that the administration is asking to
change the timeline to 48 hours to provide time for such things
as engaging in conversations with the court about structuring
arraignments. The current law does not provide any flexibility
for such things.
CHAIR SHOWER asked if there is data to show that cases have been
dismissed because time ran out.
4:00:10 PM
MS. MEADE said she was not aware of any data about that, but
Section 3 of the bill says a person can be held up to 96 hours
if law enforcement or others legitimately need the time.
CHAIR SHOWER said the struggle is to strike the right balance
between the rights of the victim and the rights of the accused.
4:01:28 PM
SENATOR REINBOLD restated her reason for offering the amendment
had nothing to do with the Court System. Rather, it's that 24
hours is too rushed to ensure that the charging documents are
prepared correctly and this puts the public at risk. Law
enforcement has repeatedly said they don't have time and she
believes that extending the timeline to 72 hours would help
rural communities. Some people in the Department of Law have
also acknowledged that the extension would be helpful when
weather is a factor. She opined that the extension would save
money and improve morale. She said she intended to withdraw the
amendment but wanted the discussion on the record. "We've got
some serious issues; we need to become far more victim-centered
and not so much defendant-centered," she said.
4:04:07 PM
SENATOR REINBOLD withdrew Amendment 1.
SENATOR COGHILL clarified that he made the motion. He added that
he did not support the amendment but appreciated the sponsor
clearly articulating the benefit of pretrial services and the
risk assessment tool.
4:04:30 PM
SENATOR COGHILL withdrew Amendment 1, work order 31-GS1030\M.1.
SENATOR REINBOLD clarified that she did not talk in support of
the pretrial risk assessment tool. She said she hates that tool
but does support watching people pretrial.
CHAIR SHOWER found no further amendments and stated that the CS
for SB 33 is before the committee for final discussion.
SENATOR REINBOLD stated support for the bill.
CHAIR SHOWER found no further discussion and solicited a motion.
4:05:44 PM
SENATOR COGHILL moved to report SB 33, version M, from committee
with individual recommendations, attached fiscal note(s), and
authorization for legislative legal to make appropriate
conforming technical changes.
4:06:02 PM
SENATOR KAWASAKI objected to state that there is obviously a
fiscal impact to SB 33. He said he highlighted the lack of
determinate fiscal notes during the last hearing and he doesn't
like to move a bill from committee without clarity on the costs.
SENATOR KAWASAKI removed his objection.
CHAIR SHOWER advised that the judiciary committee will look
closely at the provisions for electronic monitoring and the risk
assessment tool.
SENATOR REINBOLD emphasized that the most important costs are
those to victims, businesses, and society, not the state.
4:07:04 PM
CHAIR SHOWER found no further objection and CSSB 33(STA) moved
from the Senate State Affairs Standing Committee.
4:07:16 PM
At ease
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
Alaska Police Standards Council
Alaska State Personnel Board
Alaska State Commission for Human Rights
Alaska State Public Offices Commission
4:09:36 PM
CHAIR SHOWER reconvened the meeting and announced the final
order of business would be consideration of governor's
appointees.
4:09:52 PM
JENNIFER WINKELMAN, Appointee, Alaska Police Standards Council,
Alaska Department of Public Safety, Juneau, stated that she is
the director of the Division of Probation & Parole, with the
Department of Corrections. She related that she is a fourth
generation Alaskan who was born and raised in Fairbanks. She and
her family moved to Juneau when she was promoted to chief
probation officer for the Department of Corrections (DOC) for
Region 2, which is Fairbanks and north and Southeast. She
reported that she has a degree in justice and paralegal studies
from the University of Alaska, Fairbanks. She has worked for DOC
for 18 years in both the institution and the field in electronic
monitoring. She was appointed as director in December by the new
administration. She said her husband also worked for DOC
throughout his career and is now retired. Their two sons attend
school in Juneau.
She shared her response to two questions in an earlier hearing
about why she wants to serve in this position and the value she
would bring the council. She offered her belief that the council
is important in maintaining professionalism and integrity within
the law enforcement community and that professionalism
correlates to public safety. She said she once heard an educator
say that a primary factor in job satisfaction is how one's job
affects the wellbeing of others and she's found that very
relevant in her corrections career. She said she is eager to
affect that in a larger way in her new position. She views it as
an honor to have been asked to serve on the council and an
opportunity to work with other law enforcement professionals in
a position that is a little outside her comfort zone in
corrections.
MS WINKELMAN offered her belief that to successfully promote
public safety, agencies cannot operate in silos and community
involvement is important. Noting the difficulty with recruitment
and retention across all law enforcement agencies, she opined
that serving on the council will provide opportunities to look
at new ways to attract and maintain highly trained officers.
Serving on the council will also provide an opportunity to
address cases of misconduct in a way that will restore the
public's faith in law enforcement. "I believe in the work of
peace officers but I believe it is very imperative that we have
a check and balance in place," she said.
MS WINKELMAN shared that the value she brings to the council is
the corrections viewpoint and a broad perspective of the state
since she has worked in supervisory positions from Utqiagvik to
Ketchikan. This experience has given her exposure and knowledge
of the "strengths and struggles" of the available resources and
the unique nature of the cases the law enforcement community
deals with. She said she believes that APSC agencies must work
together day-to-day assisting in the field because of the
limited presence law enforcement has in some communities. She
related another value she brings is as a natural problem solver
who likes to work as a team. "I look forward to sharing my
networking and communication talent with the council" and
expanding APSC relationships.
MS WINKELMAN said she has reviewed the mission and core services
of the council and she believes that her experience and
abilities will be an asset.
4:15:52 PM
CHAIR SHOWER asked if she supports strengthening constitutional
training about the rights that law enforcement is hired to
protect, including continuing education.
MS. WINKELMAN said absolutely yes. Throughout the confirmation
hearing process she has listed the questions she's been asked
about training and will take those to the council.
CHAIR SHOWER asked her to briefly discuss the top two or three
issues and potential solutions she has identified.
MS. WINKELMAN listed training as an issue and her goal to
network within communities to take advantage of all available
resources. This could be something as simple as holding CPR
classes with the fire department, she said. She said retention
is next. There isn't a real problem with recruitment but keeping
those folks highly trained and in the career is more
challenging. It's a noble profession and should be viewed as
such.
4:18:38 PM
SENATOR COGHILL thanked Ms. Winkelman for being willing to take
the job and asked if this responsibility will conflict with her
responsibilities as the director of the Division of Probation &
Parole.
MS. WINKELMAN answered she didn't think so. Rather, bringing in
the corrections perspective will enhance the council. She
assured the members that if one of her staff was brought before
the board, she would recuse herself.
SENATOR COGHILL asked if she had attended a board meeting.
MS. WINKELMAN answered yes.
SENATOR COGHILL asked if new members receive an explanation of
the council's process and how they adjudicate.
MS. WINKELMAN answered yes; prior to the first meeting the new
members met with the executive director for a walkthrough of the
process. A long-time member of the council also shared the
process with her.
SENATOR COGHILL said he initially perceived a conflict but he
hopes not.
CHAIR SHOWER asked Senator Micciche to respond to the concern.
4:21:07 PM
SENATOR MICCICHE read the following:
The council consists of 13 members: 11 appointed by
the governor as follows: 4 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; 2 persons,
each of who has been certified for 5 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; 1 correctional
administrative officer who is employed at the level of
deputy director or higher; and, 4 members of the
public at large with at least 2 from the communities
of 2,500 population or less.
SENATOR COGHILL said he appreciates that.
4:22:01 PM
SENATOR KAWASAKI stated that he and Ms. Winkelman went to school
together and she's an excellent role model for the position.
MS. WINKELMAN shared that in the House confirmation hearing,
everybody had a connection.
4:22:46 PM
CHAIR SHOWER thanked Ms. Winkelman and asked Suzanne Hancock to
tell the committee why she is interested in serving on the
Alaska Public Offices Commission.
4:23:16 PM
SUZANNE HANCOCK, Appointee, Alaska Public Offices Commission
(APOC), Alaska Department of Administration, Anchorage, stated
that she has been appointed to the at-large seat for APOC. She
related that she lived in Kodiak for many years and served on
the school board and borough assembly. She first encountered
APOC as a candidate for elective office and that and subsequent
encounters were pleasant. She believes that familiarity will be
helpful on the commission. She recounted her work experience as
a reporter and a legal secretary and said she looks at issues
from that perspective. She opined that APOC plays an important
watchdog role to ensure that citizens feel that government is
fair, follows the rules, and treats everyone equally.
4:25:13 PM
SENATOR REINBOLD thanked her for being willing to serve. She
asked what she believes should happen when people call to raise
a red flag on an issue, but don't want to take the step of
filing a complaint.
MS. HANCOCK responded that her approach would be to explain how
the commission works and encourage the person to use the system
because it's there for a reason. However, if there was a
compelling reason for the person not to report, she might
suggest they look for a third party to bring the information
forward. She acknowledged that her response might vary depending
on the particulars of the case.
SENATOR REINBOLD said it's a huge step to file a complaint and
she believes that if APOC receives repeated phone calls about an
issue it is very important that they follow up. She added that
she likes that Ms. Hancock would encourage people to use the
system. She wished Ms. Hancock well and thanked the commission
members for their work.
4:27:29 PM
SENATOR KAWASAKI asked Ms. Hancock if she has a party
affiliation.
MS. HANCOCK replied she is a registered Republican but she
generally votes for the candidate, not the party. She doesn't
believe she would favor one party over another; her decisions
would be based on the information presented.
SENATOR KAWASAKI observed that she donated to both major parties
in the past. He pointed out that APOC members are prohibited
from being an officer of a political party, committee, or group;
they cannot make political donations in support of or opposition
to a candidate or proposition; they may not participate in any
way in an election or campaign; and they may not donate to any
political party. He asked if she could adhere to those
restrictions.
MS. HANCOCK quipped that she'll save a lot of money if she's
confirmed to serve on the commission. She added that she has
enjoyed volunteering on campaigns in the past but she's very
much looking forward to serving on the commission and that will
outstrip any possible gain she would receive from continuing to
volunteer or as a contributor.
4:29:35 PM
SENATOR MICCICHE reminded everyone that this is a fairly
political board. He read the following description of the APOC
board:
The commission consists of 5 members appointed by
Governor: 2 from each of the two political parties
whose candidate for Governor received highest number
of votes in the most recent preceding general election
at which a Governor was elected (the two appointees
from each of these two parties shall be chosen from a
list of four names to be submitted by the central
committee of each party); 1 member nominated by
majority vote of the members of the Commission.
Members elect the chair of the commission. Vacancies
are filled within 30 days.
He asked if she would be willing to look at a process that
doesn't depend so heavily on citizen reporting suspected
campaign violations.
MS. HANCOCK said it seems that there should be a mechanism for
staff to look into blatant violations.
SENATOR MICCICHE responded that he believes it's a gap but
commission staff is probably already overloaded looking at those
types of things. He suggested it might be worth looking at and
stated support for moving her appointment forward.
SENATOR REINBOLD asked for help clarifying the difference
between something that is not ethical and an APOC violation once
the legislature is in session. She also stressed the need for a
mechanism for anonymous reporting.
MS. HANCOCK said she believes in transparency and that includes
a face and a name behind a complaint. However, Senator Reinbold
brought up good points and the commission may be able to look
into the reporting issue. She said she's sure that improvements
could be made to clarify the gray area between what is ethical
and what is an APOC violation.
SENATOR COGHILL thanked Ms. Hancock for being willing to serve
and cautioned the members against asking APOC to make policy
calls.
SENATOR MICCICHE clarified that the committee was asking APOC to
exercise its existing authority in a more effective way.
SENATOR COGHILL commented that it might be instructive for
nominees who have yet to testify.
CHAIR SHOWER opened public testimony on the nomination of
Suzanne Hancock to the Alaska Public Offices Commission.
4:37:57 PM
VICKIE JO KENNEDY, representing self, Kodiak Island, stated that
she highly endorses Suzanne Hancock. She was an astute reporter,
she was good for Kodiak when she served on the assembly, and
she'll serve well on APOC.
4:38:49 PM
CHAIR SHOWER closed public testimony on Ms. Hancock. He noted
that the next appointee was Jim McDermott.
4:39:29 PM
At ease
4:40:12 PM
CHAIR SHOWER reconvened the meeting and asked Marcus Sanders to
tell the committee why he is interested in serving on the
[Alaska State Commission for Human Rights.]
4:40:32 PM
MARCUS SANDERS, appointee, Alaska State Commission for Human
Rights, Anchorage, stated that he is a lifelong Alaskan. He
reviewed his extensive public service history and related that
he was recently sworn in as a second lieutenant and chaplain for
the Alaska State Defense Force. He reviewed his educational
accomplishments and noted that he is in graduate school. He
believes he would be an asset to this commission because he has
a heart to represent the people as well as the integrity,
honesty, and capacity to lead by example.
4:43:01 PM
SENATOR KAWASAKI thanked him for being willing to serve. He
noted that two years ago the commission voted to have the
legislature look into a statewide nondiscrimination law. He
asked his opinion of the commission's action.
MR. SANDERS said he supports the nondiscrimination law. He asked
if he had a particular incident in mind.
SENATOR KAWASAKI clarified that he was asking if he approved or
disapproved of the commission stating support for statewide
protections for LGBTQ Alaskans. Since then legislation has been
introduced based on the commission's recommendation.
MR. SANDERS replied, "I did support that act."
CHAIR SHOWER asked if he supports the bill Senator Kawasaki
referenced.
MR. SANDERS replied, "I would like to be more specific on the
bill."
4:44:57 PM
SENATOR REINBOLD thanked him for being willing to serve. She
offered her opinion that there is no need for special
designations because everyone is equally protected under the
constitution. She congratulated him on his recent degree and
noted that she attended his graduation. She stated support for
his nomination.
CHAIR SHOWER congratulated him on his commission and the time
he's spent as a minister. He said he appreciates Mr. Sanders'
heart and willingness to serve.
He found no one who wished to comment on the appointment of Mr.
Sanders and closed public testimony.
4:46:46 PM
CHAIR SHOWER asked Mr. McDermott to put himself on the record.
JIM MCDERMOTT, Appointee, Alaska Public Offices Commission,
Alaska Department of Administration, Fairbanks, said he had been
an APOC commissioner since the end of August and has an
opportunity to assess what the commission does. It's been an
enjoyable process. He noted the committee had his resume.
CHAIR SHOWER asked if he'd heard and could address the questions
the committee asked Ms. Hancock.
MR. MCDERMOTT said the question he found interesting was about
anonymous reporting. He understands the reasoning. He talked
about the federal whistleblower process and said something
similar for the state would need to be done in regulation and
the policies would come from the legislature.
SENATOR KAWASAKI he noted that Section 15 of the APOC statute
says the governor shall appoint two members from each of the two
political parties whose candidate for governor received the
highest number of votes in the most recent preceding general
election. It also says the two appointees from each of those two
parties shall be selected from a list of four names submitted by
the central committee of each party. He asked if he went through
that process.
MR. MCDERMOTT replied he went through the process as a
Libertarian.
SENATOR KAWASAKI said another prohibition is that an APOC
commissioner may not be an officer of a political party, a
political committee, or group. They may not make contributions
or participate in any way in an election campaign or contribute
to a political party. He asked if that is something he could do
in the future as a member of APOC.
MR. MCDERMOTT answered yes. He shared an experience of
explaining to a friend that he was a member of APOC and was
prohibited from getting involved in elections.
CHAIR SHOWER found no one who wished to comment on the
appointment of Mr. McDermott to the Alaska Public Offices
Commission and closed public testimony.
4:52:27 PM
CHAIR SHOWER asked Mr. Johnson to tell the committee why he
wants to serve on the Alaska State Personnel Board.
CRAIG JOHNSON, Appointee, Alaska State Personnel Board, Division
of Personnel and Labor Relations, Alaska Department of
Administration, Anchorage, said he recently retired from the
legislature and wants to stay involved in government and public
service. He was honored to be asked to serve. He recounted his
legislative experience and opined that serving as House Rules
chair provided a foundation for understanding rules and
personnel issues. He also served on the Ethics Committee and is
in the process of honing his knowledge of the administrative
ethics laws.
4:53:56 PM
SENATOR COGHILL thanked Mr. Johnson and asked if he'd attended
meetings on the ethics issue.
MR. JOHNSON replied he has attended one meeting that addressed a
position reclassification and discussed the ethics reports from
the departments, among other matters.
SENATOR COGHILL asked his perspective of the rules and process
of the board and the help the staff provides.
MR. JOHNSON said he found the staff to be very supportive and
legal counsel is available. Each department also has legal
counsel so legal expertise is readily available.
Reclassification is fairly straightforward and working in that
area was an enjoyable experience.
4:55:53 PM
SENATOR REINBOLD asked if this is a three-member board.
MR. JOHNSON answered yes.
SENATOR REINBOLD described the board as "super, super important"
and said one person can make a huge impact. She thanked him for
being willing to serve.
4:57:04 PM
SENATOR KAWASAKI noted that when Mr. Johnson was a legislator,
he co-sponsored a resolution dealing with an amendment to the
constitution relating to marriage. It was in response to
benefits extended to state employees who were not allowed to
marry but were domestic partners. He asked if he would support
extending those benefits today and in the future.
MR. JOHNSON replied he would not support that. Then it was a
financial decision and now it's an academic argument.
SENATOR REINBOLD said she went before the Personnel Board on
this matter because providing benefits to additional couples had
a financial impact for the state. She pointed out that the state
constitution clearly defines marriage as between one man and one
woman and she swore to defend that constitution. "I appreciate
your stance Craig and I stand with you."
4:59:55 PM
CHAIR SHOWER found no one who wished to comment on the
appointment of Mr. Johnson to the Alaska State Personnel Board
and closed public testimony.
MR. JOHNSON concluded his comments saying it is the duty of all
board members to understand the laws, rules, and regulations and
administer them within the guidelines set forth by the
legislature as the policy makers. His commitment is to live
within those laws.
CHAIR SHOWER stated that in accordance with AS 39.05.080, the
Senate State Affairs Standing Committee reviewed the following
and recommends the appointments be forwarded to a joint session
for consideration:
Alaska Public Offices Commission
Jennifer Winkelman - Juneau
Alaska State Commission for Human Rights
Suzanne Hancock - Anchorage
Marcus Sanders - Anchorage
Alaska Public Offices Commission
Jim McDermott - Fairbanks
Alaska State Personnel Board
Craig Johnson - Anchorage
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.
5:02:05 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 5:02 pm.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SSTA OFFICIAL AGENDA MEMO.pdf |
SSTA 3/19/2019 3:30:00 PM |
agenda |
| Gov. Appointee, Police Standards Council - Jennifer Winkelman - resume.pdf |
SSTA 3/19/2019 3:30:00 PM |
Jennifer Winkelman - Resume |
| SB 33 Transmittal Letter.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| M.pdf |
SSTA 3/14/2019 3:30:00 PM SSTA 3/19/2019 3:30:00 PM |
CS for SB 33 Ver. M SB 33 |
| SB 33 - Pretrial Highilghts.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB 33 - Pretrial Sectional.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB 33 Leg. Legal Accompanying CS Memo.pdf |
SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB 33 - Dept. of Law Memo.pdf |
SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB 33 - FN #1 - DOL.pdf |
SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB 33 - FN #2 - DPS.pdf |
SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB 33 - FN #3 - DOA-Public Advocacy.pdf |
SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB 33 - FN #4 - DOA-Public Defender Agency.pdf |
SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB 33 - FN #5 - DOC-Pre-Trial Services.pdf |
SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB 33 - FN #6 - DOC-Instution Director Office.pdf |
SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB 33 - REVISED FN - Court System.pdf |
SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB 33 Amendment #1 - Sen Reinbold.pdf |
SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| Gov. Appointee, Personnel Board - Johnson -resume.pdf |
SSTA 3/19/2019 3:30:00 PM |
craig johnson resume |
| Gov. Appointee, Human Rights Commission - Sanders -resume.pdf |
SSTA 3/19/2019 3:30:00 PM |
MArcus sanders resume |
| Gov. Appointee, APOC-Hancock -resume.pdf |
SSTA 3/19/2019 3:30:00 PM |
Suzanne Hancock Resume |
| Gov. Appointee, APOC-McDermott -resume.pdf |
SSTA 3/19/2019 3:30:00 PM |
James McDermott Resume |
| Gov. Appointee, APOC-Stillie -resume.pdf |
SSTA 3/19/2019 3:30:00 PM |
Rick Stillie Resume |