King security plan raises access concerns

AUGUSTA – A confidential study commissioned by the King administration is recommending several steps to increase security at the State House and the adjoining Cross State Office Building. But, legislative leaders and lawmakers from two committees are concerned, saying they do not want to unnecessarily limit public access to the Legislature.

“We have a long and proud tradition of openness in this building and I do not want that to change,” said House Speaker Michael Saxl, D-Portland, chairman of the Legislative Council. “The administration is proposing some steps that I believe are reasonable, but on others I want a subcommittee of the council to review all of these proposals before we set policy.”

Saxl said security in the complex has been improved as a result of the renovations completed over the last two years that were approved by the 10 legislative leaders who make up the Legislative Council. For example, public access to the Capitol building is now limited to the new entrance, with a staffed reception area, facing the Cross Office Building. He said the proposals from the King administration go beyond those improvements.

“We have to protect not only the people that work here,” said Kay Rand, Gov. Angus King’s chief of staff. “We have to protect the visitors here. The report we have clearly shows we are not doing all we can to do that now.”

Rand said some of the suggestions in the report, done by a team of state troopers and National Guardsmen, have been adopted. For example, she said, there are several security cameras in place in both the State House and the Cross Office Building that are monitored by Capitol police.

She would not, however, discuss some proposals that have not been implemented because they would reveal serious weaknesses in security.

One recommendation that was debated Monday involved increasing the security presence at the State House complex. Originally, the proposal called for using more Capitol police, but, Attorney General Steve Rowe ruled earlier this month that several members of the Capitol force do not have the minimum hours of training under state law to function as full law enforcement officers.

In response, Department of Public Safety Commissioner Michael Kelly has proposed shifting the funding for five Capitol police officers to the State Police budget. Along with some additional funding, the shift in appropriations would pay for five state troopers on a full time basis at the state house complex.

“That’s the number we believe is needed to meet minimum security needs,” Kelly said.

Kelly said state troopers have been used in the past to provide security at the State House, but typically on an overtime basis and usually for only limited periods, such as when the governor addresses the Legislature.

But using troopers on a regular basis to provide security concerned several lawmakers.

“There are a lot of areas in this state where we need troopers now,” said Rep. Judith Peavey, R- Woolwich, a member of the Criminal Justice Committee. “I would rather see additional troopers in rural areas than here.”

Peavey questioned Kelly on the number of vacancies in the State Police. He said there are about 20 trooper positions authorized but unfilled. Several of those positions, however, must remain unfilled to balance the current two year state budget.

Sen. Michael McAlevey, R- Waterboro, the co-chairman of the Criminal Justice Committee, doubted the five new trooper positions requested in the budget for the State House could be filled. He noted that the State Police already have had difficulty filling vacancies. But, Lt. Col. Jeff Harmon, deputy chief of the Maine State Police, said he believes they can be filled.

“It all depends on the way recruiting goes,” he said. “But, I think we will be able to fill [the five new] positions if they are approved.”

Harmon said with classes starting at the Maine Criminal Justice Academy every six months, he believes enough recruits will be found to fill all the vacancies that need to be filled. But, he acknowledged it might be well into the second year of the budget before new troopers are added to the force.

Both McAlevey and Sen. Jill Goldthwait, an independent from Bar Harbor and co-chairman of the Appropriations Committee, want more specifics about the plan for security at the State House.

“I understand why some of the report has to be confidential,” she said. “But we need more information on which to make a judgment.”

Kelly promised he would have additional information when the committees discuss the proposal next month. Several lawmakers asked him if he could also present a “plan B” with other options for them to consider.

“I don’t have any rabbits to pull out of the hat,” he said. “I have spent a lot of time trying to deal with this and I think this is the best way to handle it.”

Rand said lawmakers are raising legitimate issues. She said it is difficult for them to understand the need for the budget items without reading the report, but that releasing it could jeopardize security.

“I think we need to come up with a way to convey the information in the report without jeopardizing security,” she said. “But I am not sure how to do that right now. This is going to be a tough balancing act.”

Saxl said the Legislative Council meets today and will establish a subcommittee to work with the Criminal Justice Committee to develop a new security policy for the Capitol. He said while he supports additional security, he would not support efforts that unduly limit public access to the Legislature.