HB 332-DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL  REPRESENTATIVE CON BUNDE, sponsor of HB 332, explained that HB 332 extends the sunset date of the Council on Domestic Violence and Sexual Assault. He noted the Legislative Budget and Audit division did an audit of the Council and it came to his attention that some of the Council's problems could be resolved if the director could hire or work with a team, therefore the bill includes a provision to exempt the Council employees so that if a director changes, the new director can choose a team that can accomplish results that are best for the state. SENATOR THERRIAULT asked what recommendations were made in the audit that Representative Bunde did not include in HB 332. REPRESENTATIVE BUNDE said he did not have the audit in front of him but thought the recommendation included in HB 332 would be a management tool that would serve the Council well. CHAIRMAN TAYLOR took testimony via teleconference. MS. GIGI PILCHER, testifying from Ketchikan, thanked Chairman Taylor for his long and devoted support and service to victims of crime. She acknowledged his dedication and commitment has extended beyond his service as a Senator. She discussed a recent homicide in Ketchikan in which a 6 week-old infant died of physical abuse and said that incident should give pause to the importance of passing HB 332. She stated that Ketchikan has experienced an increase of violence during the last 12 months. Most attribute the increase in violence, in part, to the severe economic crisis in Ketchikan and lower Southeast Alaska as the result of the closure of the pulp and sawmills. Ketchikan experienced an unemployment rate of 11.4 percent in February; Wrangell, Petersburg, Prince of Wales Island and Metlakatla have even higher rates. There is a sense of hopelessness about what the future holds for those communities. The Council of Domestic Violence and Sexual Assault provides extremely valuable oversight of domestic violence programs throughout the state. It ensures that non-profits and other agencies receive state funds and adhere to grant regulations. It ensures that the immediate safety and other services are available to victims of violent crimes. Because the Council does such a good job on oversight, she has suggested over the years that some of the other departments take note. She also thanked Representative Bunde for sponsoring HB 332. REPRESENTATIVE BUNDE told members that their packets contain a copy of the Legislative Budget and Audit audit and, in addition, Pat Davidson was available to answer questions about the audit. DEPUTY CHIEF BILL MILLER, Anchorage Police Department, urged members to pass HB 332. As the Domestic Violence Coordinator, he makes sure the Anchorage Police Department acts to the best of its ability to help victims of domestic violence and sexual assault. The Anchorage Police Department answers thousands of calls related to domestic violence each year. One-third of the homicides in Anchorage are due to domestic violence. The Council on Domestic Violence and Sexual Assault gives the police department a number of tools to work with. It provides opportunities to get trained by non-profit organizations and state agencies. That training is extremely important during this time of fiscal constraint. The Council also facilitates coordination between law enforcement agencies, non-profit organizations, service organizations and with government agencies. He urged passage of HB 332. MS. BRENDA STANFILL, the Executive Director of the Interior Alaska Center for Non-Violent Living in Fairbanks, informed members the Center is a domestic violence shelter that also aids victims of sexual assault. The Center relies very heavily on the Council and Council staff, which provide tremendous oversight and technical assistance. The Council collects statistics from around the state about domestic violence and sexual assault and can provide a good look at what is happening. The Center also relies on the Council for the resources it can provide. She urged members to pass HB 332. 2:55 p.m. MS. SUSAN SCUDDER, Executive Director of the Council on Domestic Violence and Sexual Assault, offered to answer any questions about the audit. She informed members the Council has been in place since 1981 and was put in the Department of Public Safety to fill a very public need of making sure that the women and children in Alaska that are in harms way have a safe place to go. As part of a comprehensive and evolving effort to address domestic violence and sexual assault, the Council added oversight of batterers' intervention programs several years ago to try to take a more holistic approach to try to break the cycle of violence. Last year, more than 7,000 Alaskans needed more than 50,000 shelter nights around the state. MS. SCUDDER said the Council is concerned about the provision added to the bill that changes the employees to exempt status. The Council feels there is institutional knowledge among employees and even though executive directors change, other employees develop relationships with program staff and federal staff and provide good service. The Council is concerned that the possibility of changing all employees at one time could create problems for the programs it serves. She said the Council truly serves a public safety function. SENATOR THERRIAULT referred to the recommendation in the audit that pertains to conflict of interest and asked Ms. Scudder to comment. MS. SCUDDER explained that the Network on Domestic Violence and Sexual Assault is the non-profit coalition of all programs around the state. The programs themselves provide names to the Network and of board applicants who must fill out a very long questionnaire. Though this procedure can be seen as creating a possible conflict of interest, it can also be seen to create a conflict of interest with the community program that the person is affiliated with. She noted that most people who serve on the Council's board as public members have some background in domestic violence or sexual assault. For example, one of the current board members was a former board member of STAR, a grantee. Another board member was a former director of AWAKE, the main shelter in Anchorage. She said that even though these names come from the Network, the Governor does not have to appoint people recommended by the Network. The Council believes that many program people are experts in this field so it makes a lot of sense that they recommend people they feel are the best qualified to be the public members of the Council's board. SENATOR THERRIAULT asked if any allegations that the executive director was showing favoritism have occurred in the past. MS. SCUTTER said there have not been any. MS. LAURI HUGONIN, Director of the Network on Domestic Violence and Sexual Assault, stated support for HB 332. The Council on Domestic Violence and Sexual Assault is the nexus in government for state departments and the public to coordinate efforts to address these crimes. She stated: Through the Council, the Departments of Public Safety, Law, Education and Health and Social Services work together to streamline services to victims, hold perpetrators accountable for their criminal behavior, and create societal change so these crimes are no longer tolerable in our communities. The departments develop cooperative work agreements on how to handle situations where overlap may occur or where one department's work depends on another. The Council provides a forum for the departments to work through systemic problems when addressing these crimes. The Council also provides an avenue for public input into the state's policies and procedures regarding these crimes, by seating three members from the public on the Council itself. The Council meets four times a year and provides opportunity for public trust money and holds at least one statewide teleconference each year on a topic related to domestic violence or sexual assault. The Council works closely with the Network in developing community based programming for victims and perpetrators of domestic violence and sexual assault. Maintaining the Council in the Department of Public Safety, whose purpose is to coordinate the state's response to domestic violence and sexual assault, sends strong messages. It says to the victims of these acts that they are crimes and help is available. It says to perpetrators that the state has a vested interest in their criminal activity and it says to all citizens that the state cares enough about these issues to be actively working to address them. I'd be happy to answer any questions. TAPE 02-22, SIDE B SENATOR THERRIAULT asked Ms. Davidson to discuss the recommendation that pertained to the conflict of interest. MS. PAT DAVIDSON, legislative auditor, Legislative Affairs Agency, told members the first recommendation was to amend the legislation to eliminate the reference to the Network for Domestic Violence in the statutes regarding the Council on Domestic Violence and Sexual Assault. She said the reason is that the Network makes recommendations to the governor for new or continuing members and when the Network also became a grantee of the Council, the auditors felt that was an apparent conflict of interest. When the auditors looked at the relationship between the two, they identified a couple of incidents, the first occurred in FY 01. When a grant went to the Network, it was modified and limited the Council to reviewing only the financial records. As a result, the Council could not actually monitor the performance of the grant. She pointed out that after the auditors talked to the Council about the situation, when that same request was made, it was denied so that the Council is no longer limited to reviewing financial records only. The second incident occurred when the Council was developing the monitoring schedule for sub- grantees, it did not include the Network. She said because of the close financial relationship between the Network and the Council, the auditors recommended an arms length relationship. She said the auditors did not mean to indicate that the governor cannot consult with the Network and she agrees the Network is a great agency to suggest names. The auditors were not looking to eliminate that but they believe the statutory tie between the Network and the public members should be broken. MS. DAVIDSON pointed out the report also recommended that the legislation be modified to allow the executive director to hire staff. The auditors did not address whether the staff should be placed in exempt status. The auditors' concern was that the employees should recognize the executive director as their supervisor rather than the Council. She then noted the auditors believe the Council should consult with the Department of Health and Social Services (DHSS). In 1996, the Council's statutes were amended to add a plethora of things and she believes consulting with DHSS is just one the Council has not gotten to yet. The final recommendation was that the Council work with the Department of Education and school districts to create a comprehensive standardized curriculum to be used within the schools across the state. She said that some of the larger school districts have adopted curricula and have wonderful programs. Other school districts have not had the time or resources and need the Council to step forward and draw on the resources from the other school districts and devise at least a minimum plan. MS. DAVIDSON noted the auditors followed up on prior recommendations. In terms of data collection, the Council has improved substantially. Timeliness of annual reports improved in addition to onsite monitoring. SENATOR ELLIS asked Ms. Davidson to reiterate the downside of making the executive director and staff positions exempt. MS. DAVIDSON said there is a trade-off from a management perspective. If one is looking for employees who want solid employment and are willing to go the extra mile to build strong working relationships, those employees will feel more secure in the classified system. On the other hand, to have an effective organization, all employees must work as a team. If a new executive director is hired with a different philosophy of the organization, it is sometimes difficult to "move that ship around a little bit." CHAIRMAN TAYLOR thanked Ms. Davidson for the great work she and her staff do. He then said he would entertain a motion. SENATOR ELLIS asked Chairman Taylor about the proposed amendment in members' packets. CHAIRMAN TAYLOR said it was submitted to the committee and that he was willing to discuss it but he did not intend to raise it personally. He said he believes Ms. Scudder has done a good job and he did not see the need for another study. SENATOR COWDERY moved CSHB 332(FIN) from committee with its accompanying fiscal note and individual recommendations. CHAIRMAN TAYLOR announced that without objection, CSHB 332(RLS) moved from committee. He then adjourned the meeting at 3:12 p.m.