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.