Anchorage Assembly member Meg Zalatel offered has offered an ordinance to limit the ability of police to use force.

Under the Zalatel no-deadly-force plan, law enforcement officers would be prohibited from using the following tactics in response to noncompliance or resistance:

1. Warning shots.
2. Shooting at or from moving vehicles.
3. Shooting when innocent bystanders are near the line of fire so as to create a substantial risk of harm.
4. Drawing and pointing weapons, unless deadly force is authorized by police department policy.
5. Use of firearms to destroy animals.
6. Unless deadly force is authorized, necessary, and objectively reasonable under the circumstances, and only used as long as needed to protect others and separate the arrestee from others:

• Any chokeholds, with or without a device, that restricts a person’s airway or flow of air.
• Any vascular neck restraint that restricts the flow of blood by compressing the carotid arteries on each side of the neck.
• Striking a person’s head or neck with an impact weapon or object.

7. Sitting, kneeling, or standing on the chest or back of a person in a manner that compresses the diaphragm for longer than reasonably necessary to restrain the person.

“Under no circumstances shall deadly force be authorized against a person in handcuffs or restrained to similar extent by any device. Non-deadly force may be used to prevent imminent bodily harm to officers or others, prevent escape, or physically remove an arrestee/detainee,” Zalatel’s ordinance reads.

The ordinance was introduced, but the Assembly has since been preoccupied by Mayor Ethan Berkowitz’ plan to house and treat vagrants in hotels and other buildings around Anchorage.

Now, a letter from the Anchorage Police Department Employee Association has expressed concern about the Zalatel plan.

The group says that shooting from a moving vehicle is already prohibited, but the APD policy provides for extenuating circumstances.

“For example, the policy would allow officers to fire at a person driving a vehicle who at the same time was shooting at citizens or officers. APD’s policy allows for officers to bring their training, experience, and critical analysis to bear in such a situation, with the understanding that an extreme amount of scrutiny will be used in determining if the officer placed themselves in a position where the vehicle could be used against them.”

The APD policy also has language prohibiting shooting when it could create a substantial risk of harm to a bystander.

“While our current policy has language similar to this, the policy again allows for extenuating circumstances where the ordinance does not,” APDEA wrote.

Under the current policy, the officer is allowed the discretion to decide, based on the totality of the circumstances, whether discharging his/her firearm would constitute a greater risk to innocent human life than the subjects’ actions would.

“There are any number of ways such a situation could arise. For example, when officers are dealing with an active shooter, or with a suspect who is taking action that threatens the lives of hostages, officers may have to make the difficult decision to use deadly force against the suspect even with bystanders or hostages near the line of fire to save the lives of many.”

The police group also pointed out that if Zalatel’s ordinance is understood literally, it prohibits shooting when innocent bystanders are near the line of fire, even if the officer has no knowledge that a bystander is present.

The drawing and pointing of weapons section of Zalatel’s ordinance is also problematic. The ordinance would change the police department policy, which now says that officers may not point their firearms at or in the direction of a person absent an objectively reasonable determination that the situation may escalate to the point where deadly force would be authorized. The ordinance prohibits drawing and pointing weapons unless there is justification for use of deadly force.

“APD officers are trained to deploy with their weapons in any number of situations where deadly force would not be justified. For example, drawing and pointing weapons is allowed on felony traffic stops, building searches, K9 tracks, etc. When guns are drawn in these circumstances, the result is the potentially hazardous situations never reach the point of becoming appropriate for the use of deadly force.”

The group wrote that science backs up this training, because there is a lag time for the brain to recognize a threat, make a decision based on what an officer is perceiving and then take action. When an officer sees a threat of death or serious injury to themselves or another person, a suspect can fire three to four times before the officer can fire once.

The officers also wonder why use of firearms on animals would be prohibited. The ordinance differs from current policy, which allows use of deadly force against an animal that represents a threat to the public or to the officer. It authorizes police to dispatch an animal that is gravely injured, such as a moose that has been struck by a vehicle, for humanitarian reasons.

As for using deadly force, such as chokeholds, or striking a persons head or neck with an impact weapon or object, the proposed ordinance would be different from current policy Officers are now only allowed to use impact when a subject is actively resisting, such as kicking, biting, punching, pushing, barricading, or pulling away.

“Sometimes officers aim for the leg and hit the hip, aim for an arm and hit a shoulder, all inadvertently. In the ordinance, an officer could be punchiest for using an impact weapon in a situation of active resistance if the weapon strikes the person’s head or neck, even if it was not the officers intent to strike the person in either are.

Finally, the officers say that the ordinance section saying that “under no circumstances shall deadly force be authorized against a person in handcuffs or restrained to a similar extent by any device, is already in current policy. There are extenuating circumstances if it’s objectively reasonable to prevent bodily harm to the officer or another person or persons.

The officers have asked for greater communication with the Assembly to help them understand current policy and to share with them feedback they have received from their association members.

The speakers kept coming late into the night on Tuesday and the Anchorage Assembly will take more testimony tonight about the mayor’s plan to house vagrants and treat the drug-addicted in hotels and other facilities across the neighborhoods of Anchorage. They were passionate, prepared, and undaunted by the sometimes hostile questions of Assembly members Chris Constant and Forrest Dunbar.

If public testimony on A0 2020-58 ends tonight, the Assembly will vote on the plan to rezone a massive area of Anchorage to allow vagrant services in family neighborhoods, without having to go through the Planning and Zoning Commission. The meeting is at the Loussac Library at 5 pm.

That’s just the first part of the ambitious plan that few have actually seen. Two more ordinances involve purchasing buildings and starting a major social service undertaking, all paid for with federal COVID-19 funds.

The vast majority of speakers have opposed the plan, in spite of a concerted effort by the city to get social service sector workers to testify in favor of it.

Prior to Tuesday evening, the breakdown on the testimony was 75 percent opposed:

Mayor Ethan Berkowitz is not taking this opposition lying down. It’s his last eight months in office and he wants to deliver something on his promise to solve homelessness.

On Tuesday night, there were more social workers and nonprofit representatives testifying in favor of his vagrant plan, although they were still heavily outnumbered.

The Mayor’s Office and the homeless coalition have been spending dollars to try to bend the curve of public opinion, pushing Facebook messages to people they think will come and testify on the mayor’s behalf.

Ad buys on social media are now in the thousands of dollars: A sampling of the ads that are currently running on the Facebook feeds of hundreds of thousands of Anchorage “likely” respondents shows that the spend on these three ads alone is likely over $1,000. Other ads similar to these are now retired, but have run in recent days.

The optics are awful. Some Anchorage residents, and members of the Facebook Group called Save Anchorage, are hopping mad that the municipality would lobby social workers to testify in favor of the mayor’s plan to spend $22 million in CARES Act money on four buildings to use for homelessness services close to homes, schools, and daycare centers.

A few social workers did speak in favor of the plan on Tuesday evening but 90 percent of those favoring the plan appear to be employed by the “Homeless Industrial Complex.”

One man who spoke did not identify himself as an employee of the Rasmuson Foundation until he was questioned by Assembly member Jamie Allard about his employment status, when he admitted he works for the foundation. It was an awkward moment for the gentleman.

Another social service worker who spoke was actually in opposition to the plan.

Sherrie Laurie, executive director of the Downtown Hope Center, told the Assembly that around her facility, human and drug traffickers gather, and that those conditions can be expected to arise in family neighborhoods if shelters are placed there.

Laurie also responded to a question from Assembly member Allard, saying that she had not been notified about the plan to buy two hotels, an old Alaska Club on Tudor Blvd., and Bean’s Cafe, even though she runs a shelter that houses 70 women and her clientele would be affected.

When asked why she was not notified, she demurred and said she did not wish to speak about it publicly.

But Downtown Hope Center was at the center of a controversy when it would not allow men dressed as women, who call themselves women, to enter the facility and lay on the floor mats next to the shelter’s women clients, many of whom are traumatized by men.

The city’s Equal Rights Commission heard a complaint against the Downtown Hope Center to force them to take transgenders. The center, represented by now-Attorney General Kevin Clarkson, won that case. The mayor and Assembly member Chris Constant in particular are not friendly toward the faith-based center for women.

The Juneau Assembly mandated face masks be worn in all public places. The mandate, effective immediately, will expire in 90 days if not renewed as an emergency ordinance by the Assembly.

Examples of places where people are now required to wear a mask in Juneau include:

• Grocery stores, pharmacies, and all other retail stores.
• Restaurants, cafes, bars, and breweries – including food preparation, carry-out, and delivery food operations. There is a limited exception for customers while they are eating or drinking in one of these settings.
• Buses, taxis, and other forms of public transportation when passengers are present.
• Personal care facilities.
• Child care facilities.
• Communal areas of offices where people from multiple households are present.
• Elevators and indoor communal spaces in other buildings.

The penalty for violating the ordinance is a civil fine of no more than $25. Any individual who’s issued a ticket and believe the ticket is issued in error can submit an appeal, similar to appealing a parking ticket.

Exceptions include:

• Any child under the age of 2 years. These very young children should not wear a face covering because of the risk of suffocation;
• Any child under the age of 12 years unless a parent or caregiver supervises the use of face coverings by the child to avoid misuse;
• Any child in a child care or day camp setting, although such settings may provide their own requirement for use for children age 2 years old or older;
• Any individual for whom wearing a mask or cloth face covering would be contrary to his or her health or safety because of a medical condition or mental health condition, and any individual unable to tolerate a mask due to a physical or mental disability;
• Individuals who are speech impaired, deaf, or hard of hearing, or individuals communicating with someone who is deaf or hard of hearing, where facial or mouth movements are an integral part of communication;
• Any individual who has trouble breathing or otherwise unable to remove the face covering without assistance;

Before the ordinance, Juneau required masks in several public facilities, like the public libraries, pool, and on Capital Transit. Businesses also required masks, although not every business did so.

The Juneau School District last week also requires masks or similar facial coverings for all persons on Juneau School District grounds, at District facilities, or at District sponsored events.

This school property mandate covers people of all ages, from infants on through elderly, without exceptions, except ones granted by the Superintendent.

HEALTH CARE BEHEMOTH SAYS IT SELF-REPORTED

Southcentral Foundation issued the following statement regarding the investigation and termination of three of its Anchorage-based dentists earlier this month:

“After receiving an anonymous complaint, SCF conducted an independent investigation that substantiated serious compliance issues in the SCF Dental Department.  The investigation showed the dentists falsified health records by attributing one dentist as the provider of routine dental exams when that dentist did not actually perform the procedures.  All procedures were performed by qualified dentists, and there was no impact to customer-owner safety. SCF has self-reported the compliance issues to the U.S. Attorney’s Office and will fully comply with any investigations.  SCF takes seriously any allegation of misconduct and has taken immediate action.  

“As a result of this investigation, the employment of Drs. Kevin Gottlieb, Thomas Kovaleski, and Clay Crossett was terminated by Southcentral Foundation on Wednesday, July 15, 2020.

“Gottlieb had been with SCF since 1989 and served as the Vice President of Resource and Development and Chief of Staff. Dr. Thomas Kovaleski served as the Director of Dental and started at SCF in 1986. Dr. Clay Crossett served as Dental Director and had been with SCF since 2000.

“The terminations have no impact on dental services provided or customer-owner safety at Southcentral Foundation. SCF will provide more information as it becomes available.”

Southcentral Foundation is an Alaska Native-owned, nonprofit health care organization. The organization receives approximately 44 percent of its funding from the Federal Indian Health Service through the Bureau of Indian Affairs, 49 percent from third party reimbursement (primarily federal Medicare and Medicaid) and 7 percent from grants and investments.

Managing more than 80 health care programs and services, the organization serves 65,000 Alaska Native and American Indian people in Anchorage, the Mat-Su Borough, and 55 rural villages in the Anchorage Service Unit.

CEO, Katherine Gottlieb is married to one of the men. She started her career at Southcentral Foundation in 1987 as an administrative assistant and worked her way up, according to the group’s website.

The new five-story dental clinic, which opened in 2018, is named the “Dr. Katherine and Dr. Kevin Gottlieb Building.” It was built largely with taxpayer dollars.

“Nearly all those receiving health care at SCF are Alaska Native and American Indian people of Southcentral Alaska (the Cook Inlet Region), although the organization has recently begun offering care to employees who are not Alaska Native people. Approximately 10,000 of these customer-owners live in remote villages,” the group states on its website.

The organization is considered a national model and has won numerous awards, including:

National Institutes of Health Tribal Health Research Office Storytelling Challenge (2017)

Malcolm Baldrige National Quality Award (2017, 2011)

Anchorage School District Spirit of Tomorrow Award (2014)

Level III, Patient Centered Medical Home™ three-year recognition – for SCF’s Anchorage Native Primary Care Center (2009-2012, 2012-2015, 2015-2018), Benteh Nuutah Valley Native Primary Care Center (2015-2018), McGrath Regional Health Center (2015-2018) and Nilavena Subregional Clinic (2015-2018). McGrath and Nilavena are rural Federally Qualified Health Centers (FQHC) from the National Committee for Quality Assurance. The Patient Centered Medical Home standards emphasize the use of systematic, patient-centered, coordinated care that supports access, communication and patient involvement.

Indian Health Service Director’s Award (2012)

Alaska Cultural Humanitarian Award (2012) – presented by the Alaska Psychological Association

Cerner Consulting Project Excellence Award (2011)

League of American Bicyclists’ Bicycle Friendly Business Award (2010)

Alaska Performance Excellence (APEX) Award (2009)

U.S. Dept. of Health & Human Services SAMHSA Science & Service Award (2009) for behavioral health/primary care integration

Joint Commission accreditation (ANMC hospital, Anchorage Native Primary Care Center, Alaska Spine Institute building, and Mt. Marathon building) a nationally recognized symbol of quality

Level II, Trauma Center (ANMC hospital) – reverified in 2019 as a Level II Trauma Center by the Verification Review Committee (VRC), an ad hoc committee of the Committee on Trauma (COT) of the American College of Surgeons (ACS). ANMC was Alaska’s first Level II Trauma Center – first receiving verification in 1999.

Level II, Pediatric Trauma Center (ANMC hospital) – verified in 2018 as a Level II Pediatric Trauma Center by the Verification Review Committee (VRC), an ad hoc committee of the Committee on Trauma (COT) of the American College of Surgeons (ACS).