SB 187: "An Act relating to legislative ethics open meetings guidelines, to the public members of the Select Committee on Legislative Ethics, to alternate members of the legislative subcommittees, to advisory opinions, and to confidential information and proceedings regarding legislative ethics complaints and investigations."
00 SENATE BILL NO. 187 01 "An Act relating to legislative ethics open meetings guidelines, to the public members of 02 the Select Committee on Legislative Ethics, to alternate members of the legislative 03 subcommittees, to advisory opinions, and to confidential information and proceedings 04 regarding legislative ethics complaints and investigations." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.56 is amended by adding a new section to read: 07 Sec. 11.56.803. Disclosing confidential ethics information. (a) A person 08 commits the crime of disclosing confidential ethics information if the person 09 knowingly violates a confidentiality requirement of AS 24.60.170(s). 10 (b) Disclosing confidential ethics information is a class A misdemeanor. 11 * Sec. 2. AS 24.60.020(b) is amended to read: 12 (b) The provisions of this chapter specifically supersede the provisions of the 13 common law relating to legislative conflict of interest that may apply to a member of 14 the legislature or a legislative employee. This chapter does not supersede the
01 uniform rules of procedure adopted by the legislature under art. II, sec. 12, 02 Constitution of the State of Alaska, and does not supersede or repeal provisions of 03 the criminal laws of the state. This chapter does not exempt a person from applicable 04 provisions of another law unless the law is expressly superseded or incompatibly 05 inconsistent with the specific provisions of this chapter. 06 * Sec. 3. AS 24.60.037(e) is amended to read: 07 (e) In cases where there are conflicts between the open meetings [THESE] 08 guidelines established in this section and the uniform rules adopted by the Alaska 09 State Legislature, the uniform rules prevail. 10 * Sec. 4. AS 24.60.130(c) is amended to read: 11 (c) Not [NO] more than one public member may be a former legislator and 12 not [NO] more than two public members of the committee may be members of the 13 same political party. Public members shall be selected to represent a diversity of 14 professions and geographic regions and may not be employed by the state or a 15 political subdivision of the state. 16 * Sec. 5. AS 24.60.130(n) is amended to read: 17 (n) When appointing members of the legislature to serve on the committee, the 18 speaker of the house or the president of the senate, as appropriate, shall appoint an 19 alternate member for each regular member. An alternate must have the same 20 qualifications as the regular member for whom the alternate stands as alternate and is 21 subject to confirmation as required for the regular member. An alternate member 22 may not vote but may attend all committee and subcommittee hearings to the 23 same extent as the regular member for whom the person serves as an alternate. 24 The alternate shall vote in place of the regular member if the regular member is 25 absent and the alternate member is present. The alternate may not vote in place 26 of a regular member if the alternate is disqualified from voting as provided in 27 this subsection. If a regular legislative member of the committee or a subcommittee 28 is disqualified under (h) of this section from serving on the committee or the 29 subcommittee concerning a proceeding under AS 24.60.170, the chair of the 30 committee or a subcommittee shall designate the regular member's alternate to serve in 31 place of the regular member in the proceeding unless the alternate is also disqualified
01 from serving. The designation shall be treated as confidential to the same extent that 02 the identity of the subject of a complaint is required to be kept confidential. 03 * Sec. 6. AS 24.60.160(b) is amended to read: 04 (b) An opinion issued under this section is binding on the committee in any 05 subsequent proceedings concerning the facts and circumstances of the particular case 06 unless material facts were omitted or misstated in the request for the advisory opinion. 07 Except as provided in this chapter, an advisory opinion is confidential but shall be 08 made public if a written request by the person who requested the opinion is filed with 09 the committee. In the request for an opinion, if the requestor identifies another 10 person subject to this chapter, the opinion shall be provided to that person as 11 well as the requestor and shall remain confidential. The opinion may not be 12 released unless all persons who are required to be provided with the opinion 13 consent in writing to the release of the opinion. 14 * Sec. 7. AS 24.60.170(c) is amended to read: 15 (c) When the committee receives a complaint under (a) of this section, it may 16 assign the complaint to a staff person. The staff person shall conduct a preliminary 17 examination of the complaint and advise the committee whether the allegations of the 18 complaint, if true, constitute a violation of this chapter and whether there is credible 19 information to indicate that a further investigation and proceeding is warranted. The 20 staff recommendation shall be based on the information and evidence contained in the 21 complaint as supplemented by the complainant and by the subject of the complaint, if 22 requested to do so by the staff member. The committee shall consider the 23 recommendation of the staff member, if any, and shall determine whether the 24 allegations of the complaint, if true, constitute a violation of this chapter. If the 25 committee determines that the allegations, if proven, would not give rise to a violation, 26 that the complaint is frivolous on its face, that there is insufficient credible information 27 that can be uncovered to warrant further investigation by the committee, or that the 28 committee's lack of jurisdiction is apparent on the face of the complaint, the 29 committee shall dismiss the complaint and shall notify the complainant and the subject 30 of the complaint of the dismissal. The committee may ask the complainant to provide 31 clarification or additional information before it makes a decision under this subsection
01 and may request information concerning the matter from the subject of the complaint. 02 Neither the complainant nor the subject of a complaint is obligated to provide the 03 information. [A PROCEEDING CONDUCTED UNDER THIS SUBSECTION, 04 DOCUMENTS THAT ARE PART OF A PROCEEDING, AND A DISMISSAL 05 UNDER THIS SUBSECTION ARE CONFIDENTIAL AS PROVIDED IN (l) OF 06 THIS SECTION UNLESS THE SUBJECT OF THE COMPLAINT WAIVES 07 CONFIDENTIALITY AS PROVIDED IN THAT SUBSECTION.] 08 * Sec. 8. AS 24.60.170(d) is amended to read: 09 (d) If the committee determines that some or all of the allegations of a 10 complaint, if proven, would constitute a violation of this chapter, or if the committee 11 has initiated a complaint, the committee shall investigate the complaint [, ON A 12 CONFIDENTIAL BASIS]. Before beginning an investigation of a complaint, the 13 committee shall adopt a resolution defining the scope of the investigation. A copy of 14 this resolution shall be provided to the complainant and to the subject of the 15 complaint. As part of its investigation, the committee shall afford the subject of the 16 complaint an opportunity to explain the conduct alleged to be a violation of this 17 chapter. 18 * Sec. 9. AS 24.60.170(f) is amended to read: 19 (f) If the committee determines after investigation that there is not probable 20 cause to believe that the subject of the complaint has violated this chapter, the 21 committee shall dismiss the complaint. The committee may also dismiss portions of a 22 complaint if it finds no probable cause to believe that the subject of the complaint has 23 violated this chapter as alleged in those portions. The committee shall issue a 24 dismissal order and decision explaining its dismissal. [COMMITTEE 25 DELIBERATIONS AND VOTE ON THE DISMISSAL ORDER AND DECISION 26 ARE NOT OPEN TO THE PUBLIC OR TO THE SUBJECT OF THE 27 COMPLAINT.] A copy of the dismissal order and decision shall be sent to the 28 complainant and to the subject of the complaint. [NOTWITHSTANDING (l) OF 29 THIS SECTION, A DISMISSAL ORDER AND DECISION IS OPEN TO 30 INSPECTION AND COPYING BY THE PUBLIC.] 31 * Sec. 10. AS 24.60.170(g) is amended to read:
01 (g) If the committee investigation determines that a probable violation of this 02 chapter exists that may be corrected by action of the subject of the complaint and that 03 does not warrant sanctions other than correction, the committee may issue an opinion 04 recommending corrective action. This opinion shall be provided to the complainant 05 and to the subject of the complaint [, AND IS OPEN TO INSPECTION BY THE 06 PUBLIC]. Within 20 days after receiving the opinion, the subject of the complaint 07 may request a [CONFIDENTIAL] meeting with the committee at which meeting the 08 committee shall explain the reasons for its recommendations. The committee may 09 divulge confidential information to the subject of the complaint. [THE 10 INFORMATION REMAINS CONFIDENTIAL.] The subject of the complaint may 11 comply with the opinion or may request a hearing before the committee under (j) of 12 this section. After the hearing, the committee may amend or affirm the opinion. If the 13 subject of the complaint agrees to comply with the opinion but later fails to complete 14 the corrective action in a timely manner, the committee may formally charge the 15 person as provided in (h) of this section or may refer the matter to the appropriate 16 house of the legislature, in the case of a legislator, or, in the case of a legislative 17 employee, to the employee's appointing authority. The appropriate house of the 18 legislature or the appointing authority, as appropriate, may take action to enforce the 19 corrective action or may decline to take action and refer the matter to the committee. 20 In either case, the committee may formally charge the person under (h) of this section. 21 The committee order making a referral to a house or appointing authority under 22 this subsection, together with any record of action taken on the referral order by 23 the house or appointing authority, are public records. Proceedings of the house 24 regarding the referral order, or of a legislative committee to which the referral 25 order is referred, are open to the public. 26 * Sec. 11. AS 24.60.170(i) is amended to read: 27 (i) A person charged under (h) of this section may engage in discovery in a 28 manner consistent with the Alaska Rules of Civil Procedure. The committee may 29 adopt procedures that 30 (1) impose reasonable restrictions on the time for this discovery and on 31 the materials that may be discovered;
01 (2) permit a person who is the subject of a complaint to engage in 02 discovery at an earlier stage of the proceedings; 03 (3) permit limited [IMPOSE REASONABLE RESTRICTIONS ON 04 THE] release of information that the subject of a complaint acquires from the 05 committee in the course of discovery, or on information obtained by use of the 06 committee's authority, in order to enable the subject of the complaint to conduct 07 investigations necessary for a defense; however the committee shall, to the 08 maximum extent possible, protect the privacy of persons not under investigation to 09 whom the information pertains [; HOWEVER, THE COMMITTEE MAY NOT 10 IMPOSE RESTRICTIONS ON THE RELEASE OF INFORMATION BY THE 11 SUBJECT OF THE COMPLAINT UNLESS THE COMPLAINANT HAS AGREED 12 TO BE BOUND BY SIMILAR RESTRICTIONS AND HAS NOT MADE PUBLIC 13 THE INFORMATION CONTAINED IN THE COMPLAINT, INFORMATION 14 ABOUT THE COMPLAINT, OR THE FACT OF FILING THE COMPLAINT]. 15 * Sec. 12. AS 24.60.170(k) is amended to read: 16 (k) Following the hearing, the committee shall issue a decision stating whether 17 [OR NOT] the subject of the complaint violated this chapter, and explaining the 18 reasons for the determination. The committee's decision may also indicate whether 19 the subject cooperated with the committee in its proceedings. If the committee finds a 20 violation, or lack of cooperation by the subject, the decision shall recommend what 21 sanctions, if any, the committee believes are appropriate. If there has not been a 22 hearing because the person charged admitted to the allegations of the charge, the 23 committee shall issue a decision outlining the facts of the violation and containing a 24 sanctions recommendation. The decision issued under this subsection is a public 25 record. 26 * Sec. 13. AS 24.60.170(l) is amended to read: 27 (l) [PROCEEDINGS OF THE COMMITTEE RELATING TO 28 COMPLAINTS BEFORE IT ARE CONFIDENTIAL UNTIL THE COMMITTEE 29 DETERMINES THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT A 30 VIOLATION OF THIS CHAPTER HAS OCCURRED. EXCEPT TO THE EXTENT 31 THAT THE CONFIDENTIALITY PROVISIONS ARE WAIVED BY THE
01 SUBJECT OF THE COMPLAINT, THE PERSON FILING A COMPLAINT SHALL 02 KEEP CONFIDENTIAL THE FACT THAT THE PERSON HAS FILED A 03 COMPLAINT UNDER THIS SECTION AS WELL AS THE CONTENTS OF THE 04 COMPLAINT FILED. THE COMPLAINT AND ALL DOCUMENTS PRODUCED 05 OR DISCLOSED AS A RESULT OF THE COMMITTEE INVESTIGATION ARE 06 CONFIDENTIAL AND NOT SUBJECT TO INSPECTION BY THE PUBLIC.] If, 07 in the course of an investigation or probable cause determination, the committee finds 08 evidence of probable criminal activity, the committee shall transmit a statement and 09 factual findings limited to that activity to the appropriate law enforcement agency. If 10 the committee finds evidence of a probable violation of AS 15.13, the committee shall 11 transmit a statement to that effect and factual findings limited to the probable violation 12 to the Alaska Public Offices Commission. [ALL MEETINGS OF THE 13 COMMITTEE BEFORE THE DETERMINATION OF PROBABLE CAUSE ARE 14 CLOSED TO THE PUBLIC AND TO LEGISLATORS WHO ARE NOT MEMBERS 15 OF THE COMMITTEE. HOWEVER, THE COMMITTEE MAY PERMIT THE 16 SUBJECT OF THE COMPLAINT TO ATTEND A MEETING OTHER THAN THE 17 DELIBERATIONS ON PROBABLE CAUSE. THE CONFIDENTIALITY 18 PROVISIONS OF THIS SUBSECTION MAY BE WAIVED BY THE SUBJECT OF 19 THE COMPLAINT.] Except to the extent that the confidentiality provisions are 20 waived by the subject of the complaint, if the committee finds that a complainant has 21 violated any confidentiality provision of this section, the committee shall immediately 22 dismiss the complaint. Dismissal of a complaint under this subsection does not affect 23 the right of the committee or any person other than the complainant to initiate a 24 complaint based on the same factual allegations. 25 * Sec. 14. AS 24.60.170(p) is amended to read: 26 (p) When the committee has a complaint concerning the conduct of a 27 candidate for state office pending before it at the beginning of a campaign period that 28 has not resulted in the issuance of formal charges under (h) of this section, the 29 committee may proceed with its consideration of the complaint [ONLY TO THE 30 EXTENT THAT THE COMMITTEE'S ACTIONS ARE CONFIDENTIAL UNDER 31 THIS SECTION]. The committee may not, during a campaign period, issue a
01 dismissal order or decision under (f) of this section, issue an opinion under (g) of this 02 section, or formally charge a person under (h) of this section. If the committee has 03 formally charged a person under (h) of this section and the charge is still pending 04 when a campaign period begins, the committee shall suspend any [PUBLIC] hearings 05 on the matter until after the campaign period ends. The parties [TO THE HEARING] 06 may continue with discovery during the campaign period. If a hearing has been 07 completed before the beginning of a campaign period but the committee has not yet 08 issued its decision, the committee may not issue the decision until after the end of the 09 campaign period. Notwithstanding the suspension of [PUBLIC] proceedings provided 10 for in this subsection, a candidate who is the subject of a complaint may notify the 11 committee in writing that the candidate waives the suspensions under this 12 subsection and chooses to have the committee proceed with all proceedings under 13 the complaint [UNDER THIS SECTION]. 14 * Sec. 15. AS 24.60.170 is amended by adding a new subsection to read: 15 (s) A person may not disclose to any other person the filing of or intention to 16 file a complaint under this section except to a person assisting in the filing of the 17 complaint. A person may not disclose the intention of another to file a complaint 18 under this section. Except as provided in this section, a person may not disclose 19 information regarding an investigation or proceeding conducted under this section. 20 Except as provided in this section, all proceedings conducted under this section and 21 actions taken by the committee under this section are confidential. Meetings of the 22 committee held under this section are closed to the public and to legislators who are 23 not members of the committee. However, the committee may permit the subject of the 24 complaint to attend a meeting other than the deliberations on probable cause. Except 25 as provided in this section, the complaint and all documents filed with the committee, 26 produced by the committee, or disclosed as a result of the committee investigation, 27 discovery, or a hearing are confidential and not subject to inspection by the public. 28 The subject of a complaint may waive specific confidentiality requirements of this 29 subsection. However, if confidentiality is waived for a meeting or proceeding before 30 the committee, the proceeding is open to all members of the public, and no 31 confidentiality requirement applies with respect to any aspect of the open proceeding.
01 If confidentiality is waived for a document or information, the document or 02 information is available to all members of the public, and no confidentiality 03 requirement applies with respect to any aspect of the document or information. The 04 committee shall make appropriate efforts to provide notice of the confidentiality 05 requirements of this subsection. This subsection does not make any record of an 06 agency of the state, other than the committee, confidential or prevent a person from 07 obtaining directly from the agency a public record that has also been made available to 08 the committee in the course of a proceeding under this section. 09 * Sec. 16. AS 24.60.037(c) and 24.60.170(m) are repealed.