Title 13 . Public Safety

Chapter 96 . Village Public Safety Officer Program

Section 900. Definitions

13 AAC 96.900. Definitions

In this chapter, unless the context requires otherwise,

(1) "commissioner" means the commissioner of the Department of Public Safety;

(2) "controlled substance" means a controlled substance as defined in AS 11.71.900 ;

(3) "corporation" or "nonprofit regional corporation" means a nonprofit corporation, formed under Alaska law for the benefit of the people of a specific geographic or cultural region of the state;

(4) "department" means the Department of Public Safety;

(5) "DWI offense" means the offense of

(A) operating a motor vehicle, aircraft, or watercraft while intoxicated under AS 28.35.030 or another law or ordinance with substantially similar elements; or

(B) refusing to submit to a chemical test under AS 28.35.032 or another law or ordinance with substantially similar elements;

(6) "felony" means a crime classified as a felony in Alaska at the time the crime was committed; a conviction in another jurisdiction by a civilian or military court is a felony conviction if the crime has elements similar to those of a felony under Alaska law at the time the offense was committed; a completed suspended imposition of sentence, expungement of record, or pardon does not remove the felony conviction from an individual's record;

(7) "for cause" means for inefficiency, incompetency, dishonesty, misconduct, or some other reason that adversely affects the ability and fitness of the officer to perform job duties;

(8) "good moral character" means the absence of acts or conduct that would cause a reasonable person to have substantial doubts about an individual's honesty, fairness, and respect for the rights of others and for the laws of the state and the nation; for purposes of this standard, a determination of lack of "good moral character" is not restricted to acts that reflect moral turpitude, but may be based upon a consideration of all aspects of an individual's character; the following are indicia of a lack of good moral character:

(A) illegal conduct;

(B) conduct involving moral turpitude, including dishonesty, fraud, deceit, or misrepresentation;

(C) intentional deception or fraud, or attempted deception or fraud, in an application, examination, or other document for securing employment, eligibility, or certification;

(D) conduct that adversely reflects on an individual's fitness to perform as a village public safety officer; examples include intoxication while on duty, unauthorized absences from duty not involving extenuating circumstances, or a history of personal habits off the job which could affect the officer's performance on the job, such as excessive use of alcohol;

(9) "governing body" means the elected city council, traditional council, or elders council that the state recognizes as having governmental functions and that the corporation accepts as appropriate to supervise the daily activities of a village public safety officer;

(10) "misdemeanor" means a crime classified as a misdemeanor in Alaska at the time the crime was committed; a conviction in another jurisdiction by a civilian or military court is a misdemeanor conviction if the crime has elements similar to those of a misdemeanor under Alaska law at the time the offense was committed; a completed suspended imposition of sentence, expungement of record, or pardon does not remove a misdemeanor conviction from an individual's record unless the offense was committed by the individual before the age of 21;

(11) "moral turpitude" means an act contrary to justice, honesty, principle, or good morals, an act that violates the private and social duties that a person owes to another or to society in general, or an act that is immoral in itself, regardless of illegality;

(12) "village" means a community with a population of less than 1,000 individuals based on the most recent federal census.

History: Eff. 8/18/95, Register 135

Authority: AS 18.65.670