HB 199-VPSO FIREARMS  [Contains mention of SB 98.] 9:33:33 AM CHAIR LYNN announced the final order of business was HOUSE BILL NO. 199, "An Act relating to Department of Public Safety regulations allowing village public safety officers to carry firearms." 9:33:42 AM REPRESENTATIVE BRYCE EDGMON, Alaska State Legislature, as sponsor, presented HB 199. In response to the chair, he confirmed that there were two fatal incidents in which a VPSO was killed in the line of duty. Both occurred in Bristol Bay. The first happened October 22, 1986, when Ron Zimin lost his life pursuing an incident of domestic violence in the community of South Naknek; the second incident took place March 19, 2013, in Manokotak. He reported that the number of assaults against VPSOs has been increasing. He said he has observed a change in many rural Alaska communities, with an increase in violence, domestic violence, and drug related altercations. He stated it is just a matter of time before there is another violent confrontation that may be avoided as a result of the proposed legislation. In response to the chair, he said it is not possible to know for certain whether the aforementioned fatalities could have been avoided if those VPSOs had been armed; however, he indicated that many residents of Manokotak believed it would have made a difference. 9:36:29 AM CARLA AKELKOK, Manager, VPSO Program, Bristol Bay Native Association (BBNA), stated that the BBNA Board of Directors, including President/CEO Ralph Andersen, supports HB 199. She said BBNA is a regional Alaska Native non-profit corporation and tribal consortium, which has operated the VPSO Program for more than 30 years, since its inception. She related that both VPSOs who died in the line of duty - Ron Zimin in South Naknek in 1986, and Thomas Madole in Manokotak on March 19, 2013 - were BBNA employees. She stated, "Both are honored and in our hearts and memories." MS. AKELKOK said BBNA strongly supports changing state policy to allow VPSOs to be armed, along with the required certified training. She said BBNA thinks the decision [whether to arm a VPSO] should be made as local policy by the particular community and non-profit employer. She said at present BBNA's VPSO contract with the Department of Public Safety (DPS) prohibits BBNA from allowing its VPSOs to be armed while on duty. She relayed that shortly after the death of VPSO Madole, the BBNA Board of Directors adopted Resolution 2013-07, which called on DPS to rescind the ban on arming VPSOs. Further, in September 2013, the board adopted resolution 2013-14 expressing support of HB 199. MS. AKELKOK stated BBNA's belief that the social environment of rural Alaska has changed in the last 30 years, and that increased use of alcohol and dangerous drugs such as methamphetamine and heroin make the VPSO jobs more hazardous. She said BBNA recognizes that a change in state policy to allow BPSOs to be armed should be done through a planned process, and appropriate training should be provided. She stated, "If approved, BBNA has volunteered to be the pilot project with DPS." 9:39:31 AM MS. AKELKOK, in response to the chair, said BBNA does have concerns about liability and will form a working group with DPS to conduct further research. 9:40:32 AM JODY POTTS, Coordinator, Village Public Safety Officers (VPSOs), Tanana Chiefs Conference (TCC); Sergeant VPSO, commended the state and bill sponsor for bringing HB 199 forward to support VPSOs and the work they do in rural Alaska. Based on her experience as a VPSO over the last four years, she said she has witnessed an increase in the level of violence and unpredictability of the people that VPSOs deal with on a regular basis, along with an increase in assaults on officers. She stated that the TCC Executive Board and President support arming VPSOs and have faith in DPS's ability to properly train VPSOs. She said she was a recruit at the academy in Sitka, and she believes the training will be sufficient. MS. POTTS relayed the only concern is related to the screening process. She said currently VPSOs have to pass a basic criminal background check, after which the nonprofit organization is allowed to interview and hire them. She said state troopers and other municipal police in Alaska who are certified by the Alaska Police Standards Council (APSC) undergo a much more lengthy screening process, which includes a more in depth background check, psychological ("psych") evaluations, a polygraph test, a physical fitness test, and more lengthy interviews. She opined that that is important to ensure that "communities are getting highly qualified individuals that are fit mentally and physically in order to carry a firearm." She stated her belief, based on the research she has conducted, that this factor could protect a VPSO, the hiring organization, and the state if a liability case was brought claiming excessive use of force. She said she thinks it would be a disservice to Alaskans if the state does not require a test of mental and physical fitness, in addition to the criminal background check, [before qualifying a VPSO to be armed]. 9:44:18 AM CHAIR LYNN asked Ms. Potts if she is concerned that under HB 199, a VPSO would not be required to have as much training in carrying a firearm as a police officer. MS. POTTS answered yes. She stated her belief that the villages being served deserve the highest training in their VPSOs. She further remarked upon the high-level, quality training that the VPSO Academy provides. In response to a follow-up question, she reemphasized her concern about how the courts would view a case of excessive force brought against a VPSO who had not been screened sufficiently to determine whether he/she was qualified to carry a weapon. In response to the chair, she clarified that TCC supports HB 199, but strongly feels that the issue of a proper screening process needs to be addressed. 9:47:33 AM REPRESENTATIVE HUGHES requested that the bill sponsor explain why the screening is not included and address the issue of training brought up by Ms. Potts. 9:48:01 AM REPRESENTATIVE EDGMON said he has been assured by DPS that the whole process of screening and training, which will be under the umbrella of the Alaska Police Standards Council, will be "similar [to], if not directly on par with what a municipal police officer would get." He said he cannot speak for the non- profit organizations [that hire the VPSOs], but he surmised that they would carefully screen candidates. To illustrate his personal commitment to this issue, he told the committee he is going to the training facility in Sitka on a Saturday when there will be active training taking place, and he invited others to join him. 9:50:45 AM REPRESENTATIVE GATTIS expressed concern regarding additional training that may be necessary to address unique situations in rural villages where, for example, a VPSO may be related to some of those he/she serves. She indicated that carrying a weapon can escalate a situation. Notwithstanding that, she opined that [VPSOs] working in villages should not be without a weapon. 9:52:09 AM REPRESENTATIVE ISAACSON asked the bill sponsor whether the phrase "minimum standards in training" is associated with the Alaska Police Standards Council. 9:52:38 AM REPRESENTATIVE EDGMON responded that following the House Community and Regional Affairs Standing Committee meeting on HB 199, he asked DPS to check with the Department of Law on whether "that, in fact, was the case," and the answer he received was yes. REPRESENTATIVE ISAACSON asked Representative Edgmon to confirm that he thinks "no amendment is needed to make sure that that intent is ... fulfilled in regulation." REPRESENTATIVE EDGMON answered that is correct. 9:53:19 AM ALBERT JUDSON related that he is Tlingit and (indisc.), and his father was the first policeman in Hoonah, Alaska. He said he became a VPSO. He stated support of HB 199 and SB 98, because of the work he did, the experiences he had, and the things he saw. He related an incident where his life was threatened. He mentioned the right to bear arms, and the right to self- protection. He said he would like to see VPSOs get temporary permits even before getting training, because of the need to protect themselves and their role in protecting the general public. He said they take an oath, which should be taken seriously. 9:57:43 AM MR. JUDSON questioned if there is a law which says if a citizen failed to help protect a police officer who was attacked, he/she would be in violation of the law, and if so, he suggested that that law should apply to VPSOs and anyone in law enforcement, no matter where they are located. He talked about the United States having fought for the right to be free and the equal protection of all under laws. He asked the committee if there should be a state trooper academy separate from that for VPSOs. He talked about "many of them" being unqualified, having been veterans, but with no formal training. He suggested having a public safety academy for VPSOs and security personnel, which would "alleviate that ... weakness." 10:00:33 AM MR. JUDSON relayed that the only part of HB 199 he questions is in regard to the phrase "minimum standards of training". He said, "That's where I feel that a temporary permit should be issued immediately, if not sooner ...." CHAIR LYNN thanked Mr. Judson for his service as a VPSO. [HB 199 was held over.]