CSHB 563(JUD): "An Act relating to legislative branch ethics, to open meetings guidelines applicable to legislators, to the confidentiality of complaints and proceedings involving alleged violations of AS 24.60, and to hearings on formal charges by the Select Committee on Legislative Ethics or its subcommittees."
00 CS FOR HOUSE BILL NO. 563(JUD) 01 "An Act relating to legislative branch ethics, to open meetings guidelines applicable to 02 legislators, to the confidentiality of complaints and proceedings involving alleged 03 violations of AS 24.60, and to hearings on formal charges by the Select Committee on 04 Legislative Ethics or its subcommittees." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 24.60.037 is repealed and reenacted to read: 07 Sec. 24.60.037. Open meetings guidelines. (a) A meeting of a legislative 08 body is open to the public in accordance with the open meetings guidelines established 09 in this section. A legislator may not participate in a meeting held in violation of these 10 open meeting guidelines. 11 (b) For purposes of the legislative open meetings guidelines, a meeting occurs 12 when a majority of the members of a legislative body is present and action, including 13 voting, is taken or could be taken, or if a primary purpose of the meeting is the 14 discussion of legislative or state policy. The Uniform Rules of the Alaska State
01 Legislature control the procedure for conducting open and executive sessions of a 02 legislative body. 03 (c) Legislators may meet in a closed caucus or in a private, informal meeting 04 to discuss and deliberate on political strategy. Those meetings are exempt from the 05 legislative open meetings guidelines. For purposes of this subsection, "political 06 strategy" includes organization of the houses, assignment of committee membership, 07 scheduling of bills, vehicles for adoptions, House-Senate relations, other procedural 08 matters, caucus operations, meetings between majority and minority caucus leaders, 09 meetings between majority and minority caucus leaders of both houses, meetings with 10 the governor, deliberations with regard to political strategy, and discussions of issues 11 in the context of political strategy. 12 (d) Notwithstanding AS 24.60.130(h) and (n), if a complaint alleges a 13 violation of this section by a group of legislators that includes a legislative member of 14 the committee and that member's alternate, the complaint shall be treated as two 15 separate complaints with members of the group apportioned between them so that the 16 legislative member is not disqualified from participating in a proceeding involving one 17 of the complaints and the alternate is not disqualified from serving in a proceeding 18 involving the other. 19 (e) The legislative open meetings guidelines are subservient to the Uniform 20 Rules adopted by the Alaska State Legislature. In cases where there are conflicts 21 between these guidelines and the Uniform Rules, the Uniform Rules prevail. 22 (f) The legislative open meetings guidelines are the guidelines that shall be 23 used by the committee when considering complaints filed regarding open meetings. 24 (g) In the legislative open meetings guidelines, 25 (1) "caucus" means a group of legislators who share a political 26 philosophy or who organize as a group with a common goal; 27 (2) "legislative body" 28 (A) includes 29 (i) the Senate; 30 (ii) the House of Representatives; 31 (iii) the Senate and the House of Representatives
01 meeting in joint session; 02 (iv) a committee of the legislature, other than the 03 Committee on Committees, but including a standing committee, special 04 committee, joint committee, conference or free conference committee, 05 committee of the whole, and permanent interim committee; 06 (v) a legislative commission, task force, or other group 07 established by statute or resolution; or 08 (vi) a caucus of members of one or more of the bodies 09 set out in (i) - (v) of this subparagraph; 10 (B) does not include 11 (i) any committee or group of legislators considering 12 only matters involving the organization of a committee or a house of 13 the legislature, including selection of legislative officers; 14 (ii) any committee or group of legislators and the 15 governor or staff of the Office of the Governor; 16 (iii) legislative leadership; 17 (iv) officers of a caucus; 18 (3) "meeting" does not include 19 (A) a gathering of members of a legislative body for primarily 20 ministerial or social purposes; or 21 (B) forums where members of a legislative body have been 22 invited to address a group on legislative issues or concerns. 23 * Sec. 2. AS 24.60.170(j) is amended to read: 24 (j) If the committee has issued a formal charge under (h) of this section, and if 25 the person charged has not admitted the allegations of the charge, the committee shall 26 schedule a hearing on the charge. The committee may appoint an individual to 27 present the case against the person charged if that individual does not provide 28 and has not provided legal advice to the committee except in the course of 29 presenting cases under this subsection. The hearing shall be scheduled for a date 30 more than 20 days after service of the charge on the person charged, unless the person 31 agrees to an earlier hearing date. At the hearing, the person charged shall have the
01 right to appear personally before the committee, to subpoena witnesses and require the 02 production of books or papers relating to the proceedings, to be represented by 03 counsel, and to cross-examine witnesses. A witness shall testify under oath. The 04 committee is not bound by the rules of evidence, but the committee's findings must be 05 based upon clear and convincing evidence. Testimony taken at the hearing shall be 06 recorded, and evidence shall be maintained. 07 * Sec. 3. AS 24.60.170(l) is amended to read: 08 (l) Proceedings of the committee relating to complaints before it are 09 confidential until the committee determines that there is probable cause to believe that 10 a violation of this chapter has occurred. The complaint and all documents produced or 11 disclosed as a result of the committee investigation are confidential and not subject to 12 inspection by the public. If in the course of an investigation or probable cause 13 determination the committee finds evidence of probable criminal activity, the 14 committee shall transmit a statement and factual findings limited to that activity to the 15 appropriate law enforcement agency. If the committee finds evidence of a probable 16 violation of AS 15.13, the committee shall transmit a statement to that effect and 17 factual findings limited to the probable violation to the Alaska Public Offices 18 Commission. All meetings of the committee before the determination of probable 19 cause are closed to the public and to legislators who are not members of the 20 committee. However, the committee may permit the subject of the complaint to attend 21 a meeting other than the deliberations on probable cause. The confidentiality 22 provisions of this subsection may be waived by the subject of the complaint. Except 23 to the extent that the confidentiality provisions are waived by the subject of the 24 complaint, if the committee finds that a complainant has violated any 25 confidentiality provision, the committee shall immediately dismiss the complaint. 26 * Sec. 4. Section 10, ch. 69, SLA 1994, is repealed.