Legislature(2009 - 2010)BELTZ 105 (TSBldg)

03/01/2010 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 209 STATE COUNCIL ON THE ARTS; REGULATIONS TELECONFERENCED
Heard & Held
+= SB 244 GOVERNOR'S DUTY STATION/TRAVEL ALLOWANCES TELECONFERENCED
Heard & Held
+ SB 260 ELECTRIC & TELEPHONE COOPERATIVES' VOTING TELECONFERENCED
Heard & Held
+= SB 239 IGNITION INTERLOCK DEVICES/DUI/CHEM. TEST TELECONFERENCED
Scheduled But Not Heard
+= SB 92 U.S. PRESIDENTIAL ELECTION COMPACT TELECONFERENCED
Bill Hearing Postponed
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 244-GOVERNOR'S DUTY STATION/TRAVEL ALLOWANCES                                                                    
                                                                                                                                
CHAIR FRENCH announced the consideration of SB 244.                                                                             
                                                                                                                                
1:48:03 PM                                                                                                                    
DARWIN  PETERSON, Staff  to Senator  Stedman, introduced  himself                                                               
and related that Senator Egan would present the bill.                                                                           
                                                                                                                                
SENATOR  EGAN  read  the following  sponsor  statement  into  the                                                               
record:                                                                                                                         
                                                                                                                                
     Senate Bill  244 will clarify  state law  regarding the                                                                    
     governor's   duty   station   and   travel   allowance.                                                                    
     Currently  in statute,  there  are  no provisions  that                                                                    
     require the governor to reside  in the capital city and                                                                    
     occupy the  governor's mansion during  his or  her term                                                                    
     of office. The bill  specifies that the governor's duty                                                                    
     station,  defined as  the location  where the  governor                                                                    
     spends the  major portion of  time assigned  to fulfill                                                                    
     the duties of office, is considered to be Juneau.                                                                          
                                                                                                                                
     The proposed  law does not  prohibit the  governor from                                                                    
     maintaining  a personal  residence in  another part  of                                                                    
     the state,  but if he  chooses to reside there  and not                                                                    
     in the governor's  mansion, he will not  be entitled to                                                                    
     a travel allowance when away from the capital.                                                                             
                                                                                                                                
CHAIR  FRENCH  noted  that the  administration  is  available  to                                                               
answer  questions.  He  relayed  that  he heard  the  bill  in  a                                                               
previous committee and his initial questions had been answered.                                                                 
                                                                                                                                
SENATOR  COGHILL  said  he  has   procedural  questions  for  the                                                               
administration.                                                                                                                 
                                                                                                                                
SENATOR  WIELECHOWSKI  observed  that  the  bill  says  that  the                                                               
governor can choose where to  reside, even during the legislative                                                               
session,  but he  or she  couldn't receive  per diem  when living                                                               
somewhere other than in Juneau.                                                                                                 
                                                                                                                                
MR.  PETERSON   clarified  that   the  bill  deals   with  travel                                                               
allowance,  not  per  diem.   The  Alaska  Administrative  Manual                                                               
separates those,  he said.  He confirmed  that that  the governor                                                               
would  not  be required  to  live  in  Juneau. Rather,  the  bill                                                               
codifies in statute  that Juneau is the  governor's duty station.                                                               
If the governor  chooses not to make the capital  city his or her                                                               
home, the worst  that could happen is that it  would be the basis                                                               
of a complaint from the public.                                                                                                 
                                                                                                                                
1:51:33 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked how,  if this  were to  pass, someone                                                               
could file  a complaint  against the governor  for not  living in                                                               
Juneau.                                                                                                                         
                                                                                                                                
MR.  PETERSON   replied,  according  to  Legislative   Legal  and                                                               
Research  Services, failure  to make  Juneau the  governor's duty                                                               
station would amount to a misuse  of official position. If such a                                                               
complaint were  lodged, it  would be up  to the  executive ethics                                                               
branch  to  make a  determination.  The  other options  would  be                                                               
recall  or  impeachment,  but it's  unlikely  that  either  would                                                               
occur.                                                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  asked if he's  saying that this  bill would                                                               
make where the governor lives an ethics issue.                                                                                  
                                                                                                                                
MR.  PETERSON said  correct; the  bill was  drafted to  amend the                                                               
Executive  Branch  Ethics  Act   making  it  mandatory  that  the                                                               
governor's duty station is Juneau.                                                                                              
                                                                                                                                
SENATOR COGHILL asked what percentage  of time the governor would                                                               
be required to spend in the capital city to avoid a violation.                                                                  
                                                                                                                                
MR. PETERSON deferred the question to the administration.                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if the  Legislature has  an official                                                               
duty station.                                                                                                                   
                                                                                                                                
MR. PETERSON answered no.                                                                                                       
                                                                                                                                
1:55:08 PM                                                                                                                    
KEVIN BROOKS, Deputy  Commissioner, Department of Administration,                                                               
explained that every  position in the budget has  a duty station;                                                               
it's the city  where the person spends a majority  of their time.                                                               
He noted  that Section 2  defines the governor's duty  station as                                                               
the location where he or she  spends the major portion of time to                                                               
fulfill  the  duties of  the  office.  He  said he's  unaware  of                                                               
anything  in writing  that  would define  "the  major portion  of                                                               
time."                                                                                                                          
                                                                                                                                
CHAIR  FRENCH  asked  if  the  commissioners  have  defined  duty                                                               
stations.                                                                                                                       
                                                                                                                                
MR. BROOKS replied they are defined in the budget detail.                                                                       
                                                                                                                                
CHAIR FRENCH asked if the duty  stations are set dependant on how                                                               
the administration submits the budget.                                                                                          
                                                                                                                                
MR. BROOKS answered  yes, and it's not uncommon  for positions or                                                               
duty stations to move. Usually  they're changed annually when the                                                               
budget is put together.                                                                                                         
                                                                                                                                
CHAIR FRENCH asked if duty  stations are typically set by statute                                                               
or the budget.                                                                                                                  
                                                                                                                                
MR.  BROOKS  replied  it's  not   statutory;  it's  a  management                                                               
prerogative  depending  on  where  the  resource  is  needed.  He                                                               
clarified that  although they do  move, a majority of  the 15,000                                                               
to 17,000  permanent full-time positions in  the executive branch                                                               
have a static duty station.                                                                                                     
                                                                                                                                
SENATOR  COGHILL said  he appreciates  the  sentiment behind  the                                                               
bill,  but  he's concerned  about  the  ethics of  requiring  the                                                               
governor to  be in  Juneau over  50 percent  of the  time because                                                               
that may limit his or her  ability to represent all of Alaska. "I                                                               
want the  office to be  centered here.  …it's the capital  - it's                                                               
the place where  it should happen. …  But I don't know  if I like                                                               
that language yet," he said.                                                                                                    
                                                                                                                                
1:59:19 PM                                                                                                                    
CHAIR FRENCH said that today he'd  like to focus on the financial                                                               
impacts of  the legislation; discussion  of the  potential ethics                                                               
charges could  be reserved for a  future hearing. He said  he too                                                               
has concerns about exposing the  governor to an ethics charge for                                                               
spending too much  time traveling around the state.  He asked Mr.                                                               
Brooks  to tell  the  committee which  travel  payments would  be                                                               
allowed and which would be disallowed if this were adopted.                                                                     
                                                                                                                                
MR. BROOKS  replied the bill  specifically addresses  the lodging                                                               
amount. His  understanding is  that if  a governor  traveled away                                                               
from  Juneau, he  or  she would  not be  eligible  for a  lodging                                                               
allowance if  they stayed in  their residence located  in another                                                               
part of the state.  As a rule the state does  not pay for lodging                                                               
unless an  invoice is  presented. That would  continue to  be the                                                               
practice under this bill, he said.                                                                                              
                                                                                                                                
CHAIR  FRENCH  noted that  page  2,  line 2,  references  "travel                                                               
allowances" and  page 2, line 9,  references "lodging allowance."                                                               
He asked the difference between the two.                                                                                        
                                                                                                                                
MR. BROOKS explained that "travel  allowance" would encompass all                                                               
costs  a person  might incur  in  a trip,  including lodging.  To                                                               
claim  reimbursement a  person  would submit  a  form and  attach                                                               
their receipts. The  bill doesn't address a  meal allowance; it's                                                               
specific to the lodging allowance.                                                                                              
                                                                                                                                
CHAIR FRENCH asked  if it's necessary to submit a  receipt to get                                                               
reimbursed for meals.                                                                                                           
                                                                                                                                
MR. BROOKS  explained that  a claim for  meal allowance  would be                                                               
submitted  on the  travel authorization  form; it  specifies days                                                               
and  hours  in travel  status.  Payments  are prorated  based  on                                                               
$60/day  for  meals  and miscellaneous  expenses,  but  it's  not                                                               
necessary to accumulate receipts related to meals.                                                                              
                                                                                                                                
2:03:43 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  who  determines  the governor's  and                                                               
lieutenant governor's duty station under current law.                                                                           
                                                                                                                                
MR.  BROOKS  replied  the   Alaska  Administrative  Manual  (AAM)                                                               
contains the  rules that govern  travel for all  executive branch                                                               
employees. The  Department of Administration interacts  with each                                                               
department's  administrative services  division,  but it's  those                                                               
directors that set  the policy for their department  based on the                                                               
AAM.                                                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI  referenced the AAM  and noted that  on page                                                               
60.3  it says  that the  duty  station is  essentially where  the                                                               
traveler spends a  major portion of their working  time. He asked                                                               
if it's  accurate to say that  the former governor spent  a major                                                               
portion of  her working time  in Wasilla and determined  that was                                                               
her duty station.                                                                                                               
                                                                                                                                
MR. BROOKS  replied his understanding  it that  the determination                                                               
of the  Governor's Office  was that  the governor's  duty station                                                               
was Juneau.                                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  under this  law a  governor could                                                               
get a  travel allowance for  the time he  or she spends  in their                                                               
home in North Pole, for example.                                                                                                
                                                                                                                                
2:06:13 PM                                                                                                                    
MR.  BROOKS  said  that  under  current law  and  this  bill  the                                                               
governor would  be entitled to  a meal allowance at  $60/day, but                                                               
not  lodging.  It's also  important  to  remember that  it's  not                                                               
automatic; a claim must be submitted, he said.                                                                                  
                                                                                                                                
SENATOR  COGHILL observed  that  under this  law  travel is  only                                                               
reimbursed  from  the  duty  station and  that  could  create  an                                                               
economic and ethical problem.                                                                                                   
                                                                                                                                
MR. BROOKS  said the Alaska  Administrative Manual is  capable of                                                               
handling  situations  where  travel   legs  are  disjointed.  The                                                               
policies  handle  a  wide  variety  of  situations  so  that  the                                                               
traveler isn't harmed or unduly rewarded.                                                                                       
                                                                                                                                
2:10:02 PM                                                                                                                    
SENATOR COGHILL  said he  wanted to make  sure that  this statute                                                               
would align with  that sort of thinking. It wasn't  that clear to                                                               
me, he added.                                                                                                                   
                                                                                                                                
CHAIR FRENCH  described lines 8-10 on  page 2 as the  meat of the                                                               
bill. It  makes it clear that  the governor will no  longer get a                                                               
lodging allowance  when staying in their  personal residence away                                                               
from  Juneau.  The bill  doesn't  say  the governor  wouldn't  be                                                               
compensated to  travel from  their residence  to Juneau  or their                                                               
residence to  Washington or  their residence  to Eielson  if it's                                                               
down the street.                                                                                                                
                                                                                                                                
SENATOR  COGHILL said  it was  a  question that  occurred to  him                                                               
during the testimony.                                                                                                           
                                                                                                                                
2:11:12 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if the governor gets per diem.                                                                       
                                                                                                                                
MR. BROOKS answered no.                                                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI noted  that  Mr. Brooks  said the  governor                                                               
could still claim a meal allowance  and the committee may want to                                                               
change that.                                                                                                                    
                                                                                                                                
MR. BROOKS  clarified that  the governor is  not entitled  to and                                                               
may not claim a lodging allowance as part of a travel allowance.                                                                
                                                                                                                                
CHAIR FRENCH  added that  while the governor  could claim  a meal                                                               
allowance, it is  not issued automatically. He or  she would have                                                               
to submit a  claim for reimbursement just like  every other state                                                               
employee.                                                                                                                       
                                                                                                                                
SENATOR EGAN asked what would happen  if the governor stayed at a                                                               
hotel while in their community.                                                                                                 
                                                                                                                                
MR. BROOKS replied  the actual lodging costs  would be reimbursed                                                               
based on a receipt from the hotel.                                                                                              
                                                                                                                                
CHAIR FRENCH said  that's the paradox and at some  level you have                                                               
to let your conscience be your guide.                                                                                           
                                                                                                                                
2:13:11 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked Mr. Brooks  if someone could  file an                                                               
ethics complaint based on his reading of the personnel rules.                                                                   
                                                                                                                                
MR. BROOKS replied he didn't know  what the basis would be but as                                                               
they've  seen, anyone  can file  a  complaint for  any number  of                                                               
reasons.                                                                                                                        
                                                                                                                                
CHAIR FRENCH said  he'll pose that question  to legislative legal                                                               
because  it's worth  exploring.  He closed  public testimony  and                                                               
announced he would hold SB 244 for more legal analysis.                                                                         
                                                                                                                                

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