HB 161: "An Act relating to the right of certain state employees to communicate with members and employees of the legislature."
00 HOUSE BILL NO. 161 01 "An Act relating to the right of certain state employees to communicate with members 02 and employees of the legislature." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 39.25.070 is amended to read: 05 Sec. 39.25.070. Powers and duties of personnel board. In addition to the 06 other duties imposed by this chapter, the personnel board shall 07 (1) approve or disapprove amendments to the personnel rules in 08 accordance with AS 39.25.140; 09 (2) consider and act upon recommendations for the extension of the 10 partially exempt service and the classified service as provided in AS 39.25.130; 11 (3) hear and determine appeals by employees in the classified service 12 as provided in AS 39.25.170; 13 (4) establish its own rules of procedure; two members constitute a 14 quorum for the transaction of business and two affirmative votes are required for final
01 action on matters acted upon by the board; 02 (5) elect a chair from its membership; 03 (6) have the power to administer oaths, subpoena witnesses, and 04 compel the production of books and papers pertinent to a hearing authorized by this 05 chapter; 06 (7) employ staff members, who shall be in the classified service; 07 (8) carry out its powers and duties under AS 39.52; 08 (9) review and approve or disapprove regulations submitted under 09 AS 39.26.010(b). 10 * Sec. 2. AS 39.25.160 is amended by adding a new subsection to read: 11 (m) Unless a communication is otherwise prohibited by law, an employee of 12 the executive or judicial branch of the state may not prohibit another employee of the 13 executive or judicial branch from, or retaliate against another employee of the 14 executive or judicial branch for, communicating with a member or employee of the 15 legislature. Violation of this subsection constitutes just cause for dismissal or other 16 appropriate disciplinary action. In this subsection, "employee" means a person 17 employed in the classified, partially exempt, or exempt service of the state. 18 * Sec. 3. AS 39.26.010(a) is amended to read: 19 (a) A department, agency, official, officer, or person employed by the state 20 may not directly or indirectly 21 (1) require or coerce any employee of the state to participate in any 22 way in any activity or undertaking unless the activity or undertaking is related to the 23 performance of official duties; 24 (2) require or coerce any employee of the state to make any report 25 concerning any of the employee's activities or undertakings unless the activity or 26 undertaking is related to the performance of the employee's official duties; 27 (3) except as directly related to the performance of the employee's 28 official duties, require or coerce any employee of the state to submit to any 29 interrogation or examination or psychological test that [WHICH] is designed to elicit 30 information concerning 31 (A) the employee's personal relationship with any person
01 connected by blood or marriage; 02 (B) the employee's religious beliefs or practices; 03 (C) sexual matters; 04 (D) the employee's political affiliation or philosophy; 05 (4) coerce any employee of the state to invest or contribute earnings in 06 any manner or for any purpose; 07 (5) restrict or attempt to restrict after-working-hour statements, 08 pronouncements or other activities, not otherwise prohibited by law or personnel rule, 09 of any employee of the state, if the employee does not purport to speak or act in an 10 official capacity; 11 (6) except for communications otherwise prohibited by law, 12 prohibit an employee in the classified, partially exempt, or exempt service of the 13 executive or judicial branch of the state from, or retaliate against an employee in 14 the classified, partially exempt, or exempt service of the executive or judicial 15 branch for, communicating with a member or employee of the legislature. 16 * Sec. 4. AS 39.26.010(b) is amended to read: 17 (b) The heads of the administrative departments of the state may adopt internal 18 management regulations for their respective departments, specifying exceptions to 19 (a)(5) of this section. A regulation adopted under this subsection may not take 20 effect unless approved by [THESE REGULATIONS SHALL BE SUBMITTED 21 FOR APPROVAL TO] the personnel board under AS 39.25.070 and may not 22 restrict the rights of an employee to communicate under (a)(6) of this section 23 [PROVIDED FOR IN AS 39.25.060]. 24 * Sec. 5. AS 39.26.020 is amended to read: 25 Sec. 39.26.020. Application of chapter. This chapter applies to 26 (1) all positions [THOSE STATE EMPLOYEES] in the classified and 27 partially exempt service; and 28 (2) the exempt service as specifically provided [SERVICES]. 29 * Sec. 6. AS 39.52.120(b) is amended to read: 30 (b) A public officer may not 31 (1) seek other employment or contracts through the use or attempted
01 use of official position; 02 (2) accept, receive, or solicit compensation for the performance of 03 official duties or responsibilities from a person other than the state; 04 (3) use state time, property, equipment, or other facilities to benefit 05 personal or financial interests; 06 (4) take or withhold official action in order to affect a matter in which 07 the public officer has a personal or financial interest; 08 (5) attempt to benefit a personal or financial interest through coercion 09 of a subordinate or require another public officer to perform services for the private 10 benefit of the public officer at any time; [OR] 11 (6) use or authorize the use of state funds, facilities, equipment, 12 services, or another government asset or resource for partisan political purposes; this 13 paragraph does not prohibit use of the governor's residence for meetings to discuss 14 political strategy and does not prohibit use of state aircraft or the communications 15 equipment in the governor's residence so long as there is no charge to the state for the 16 use; in this paragraph, "for partisan political purposes" 17 (A) means having the intent to differentially benefit or harm a 18 (i) candidate or potential candidate for elective office; 19 or 20 (ii) political party or group; 21 (B) but does not include having the intent to benefit the public 22 interest at large through the normal performance of official duties; or 23 (7) except for communications otherwise prohibited by law, 24 prohibit an employee in the classified, partially exempt, or exempt service of the 25 executive branch of the state from, or retaliate against an employee in the 26 classified, partially exempt, or exempt service of the executive branch for, 27 communicating with a member or employee of the legislature.