CSHB 563(JUD) am(efd add): "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; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 563(JUD) am(efd add) 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; and providing for an effective date." 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 AS 24.60.037 is repealed and reenacted to read: 07 Sec. 24.60.037.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 legislation 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 member and alternate member are 15 disqualified from serving on the committee with regard to the complaint. If the 16 disqualified members are part of the majority caucus, the presiding officer of the 17 house in which the disqualified members serve shall appoint another member of that 18 house to serve on the committee with regard to the complaint. Otherwise, the minority 19 caucus leader shall appoint the member. If a complaint alleges a violation that 20 includes all legislative members of the majority caucus of one house, the presiding 21 officer of that house shall appoint from the other house a member to serve with regard 22 to the complaint. Otherwise, the minority caucus leader shall appoint from the other 23 house the member. 24 (e) In cases where there are conflicts between these guidelines and the 25 Uniform Rules adopted by the Alaska State Legislature, the Uniform Rules prevail. 26 (f) The legislative open meetings guidelines are the guidelines that shall be 27 used by the committee when considering complaints filed regarding open meetings. 28 (g) In the legislative open meetings guidelines, 29 (1) "caucus" means a group of legislators who share a political 30 philosophy, or have a common goal, and who organize as a group; 31 (2) "legislative body"
01 (A) includes 02 (i) the Senate; 03 (ii) the House of Representatives; 04 (iii) the Senate and the House of Representatives 05 meeting in joint session; 06 (iv) a committee of the legislature, other than the 07 Committee on Committees, but including a standing committee, special 08 committee, joint committee, conference or free conference committee, 09 committee of the whole, and permanent interim committee; 10 (v) a legislative commission, task force, or other group 11 established by statute or resolution; or 12 (vi) a caucus of members of one or more of the bodies 13 set out in (i) - (v) of this subparagraph; 14 (B) does not include 15 (i) any committee or group of legislators considering 16 only matters involving the organization of a committee or a house of 17 the legislature, including selection of legislative officers; 18 (ii) any committee or group of legislators and the 19 governor or staff of the Office of the Governor; 20 (iii) legislative leadership meetings; 21 (iv) officers of a caucus; 22 (3) "meeting" does not include 23 (A) a gathering of members of a legislative body for primarily 24 ministerial or social purposes; or 25 (B) forums where members of a legislative body have been 26 invited to address a group on legislative issues or concerns. 27 * Sec. 2. AS 24.60.170(j) is amended to read: 28 (j) If the committee has issued a formal charge under (h) of this section, and if 29 the person charged has not admitted the allegations of the charge, the committee shall 30 schedule a hearing on the charge. The committee may appoint an individual to 31 present the case against the person charged if that individual does not provide
01 and has not provided legal advice to the committee except in the course of 02 presenting cases under this subsection. The hearing shall be scheduled for a date 03 more than 20 and less than 90 days after service of the charge on the person charged, 04 unless the person agrees to a later [AN EARLIER] hearing date. At the hearing, the 05 person charged shall have the right to appear personally before the committee, to 06 subpoena witnesses and require the production of books or papers relating to the 07 proceedings, to be represented by counsel, and to cross-examine witnesses. A witness 08 shall testify under oath. The committee is not bound by the rules of evidence, but the 09 committee's findings must be based upon clear and convincing evidence. Testimony 10 taken at the hearing shall be recorded, and evidence shall be maintained. 11 * Sec. 3. AS 24.60.170(l) is amended to read: 12 (l) Proceedings of the committee relating to complaints before it are 13 confidential until the committee determines that there is probable cause to believe that 14 a violation of this chapter has occurred. Except to the extent that the confidentiality 15 provisions are waived by the subject of the complaint, the person filing a 16 complaint shall keep confidential the fact that the person has filed a complaint 17 under this section as well as the contents of the complaint filed. The complaint and 18 all documents produced or disclosed as a result of the committee investigation are 19 confidential and not subject to inspection by the public. If in the course of an 20 investigation or probable cause determination the committee finds evidence of 21 probable criminal activity, the committee shall transmit a statement and factual 22 findings limited to that activity to the appropriate law enforcement agency. If the 23 committee finds evidence of a probable violation of AS 15.13, the committee shall 24 transmit a statement to that effect and factual findings limited to the probable violation 25 to the Alaska Public Offices Commission. All meetings of the committee before the 26 determination of probable cause are closed to the public and to legislators who are not 27 members of the committee. However, the committee may permit the subject of the 28 complaint to attend a meeting other than the deliberations on probable cause. The 29 confidentiality provisions of this subsection may be waived by the subject of the 30 complaint. Except to the extent that the confidentiality provisions are waived by 31 the subject of the complaint, if the committee finds that a complainant has
01 violated any confidentiality provision, the committee shall immediately dismiss 02 the complaint. Dismissal of a complaint under this subsection does not affect the 03 right of the committee or any person other than the complainant to initiate a 04 complaint based on the same factual allegations. 05 * Sec. 4. AS 24.60.170 is amended by adding a new subsection to read: 06 (r) At any point in the proceedings when the subject of a complaint appears 07 before the committee, the subject of a complaint may choose to be accompanied by 08 legal counsel or another person who may also present arguments before the 09 committee. The choice of counsel or another person is not subject to review and 10 approval or disapproval by the committee. The choice by the subject of a complaint to 11 be accompanied under this subsection does not constitute a waiver of any 12 confidentiality provision in this chapter. 13 * Sec. 5. Section 10, ch. 69, SLA 1994, is repealed. 14 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).