Legislature(1993 - 1994)

04/15/1993 01:15 PM House ETH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                             REVISED                                           
                                                                               
           THE SELECT COMMITTEE ON LEGISLATIVE ETHICS                          
                         April 15, 1993                                        
                            1:15 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Joseph Donahue                                                               
  Ed Granger                                                                   
  Margie MacNeille                                                             
  Shirley McCoy                                                                
  Edith Vorderstrasse                                                          
  Senator Jay Kerttula                                                         
  Senator Drue Pearce                                                          
  Representative Jerry Mackie                                                  
  Representative Brian Porter                                                  
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Terry Cramer, Legislative Legal Counsel                                      
       Legal Services Division                                                 
       Legislative Affairs Agency                                              
                                                                               
  Eric Musser, Legislative Assistant                                           
       to Representative Brian Porter                                          
                                                                               
  Pam Stoops, Director, Administrative Services                                
       Legislative Affairs Agency                                              
                                                                               
  CALL TO ORDER                                                                
                                                                               
  The meeting of the Select Committee on Legislative Ethics                    
  was called to order at 1:15 p.m. by Terry Cramer, Legal                      
  Counsel, Legislative Affairs Agency.  Ms. Cramer states she                  
  was present at the request of the members of the committee                   
  to serve as a temporary chair until a temporary chair was                    
  selected from the public members.  The roll was taken and                    
  Ms. Cramer stated there was full attendance.                                 
                                                                               
  MEMBERS' TERMS                                                               
                                                                               
  Mr. Granger asked that the committee consider the election                   
  of a permanent chair immediately in light of the other                       
  demands on members of the committee.  Ms. MacNeille stated                   
  that the public members' terms needed to be established                      
  first since one person would have a one-year term and the                    
  chair's term was a two-year seat.  Ms. Cramer noted that by                  
  statute it was the subcommittee chairs who act as the full                   
  committee chairs, and until the subcommittees met, there                     
  couldn't be a full committee chair under the statute.                        
  Representative Porter suggested that the same person be the                  
  chair from both subcommittees.                                               
                                                                               
  The committee drew lots and the following terms were set:                    
  Joseph Donahue and Edith Vorderstrasse, 3 year terms; Ed                     
  Granger and Margie MacNeille, 2 year terms; and Shirley                      
  McCoy, 1 year term.                                                          
                                                                               
  ELECTION OF THE CHAIR AND VICE CHAIRS                                        
                                                                               
  Mr. Granger moved that the Senate subcommittee chair be Mr.                  
  Donahue and asked unanimous consent.  There was no objection                 
  and Mr. Donahue was elected as the Senate subcommittee                       
  chair.  Ms. Cramer stated that the Senate chairs the                         
  committee in odd years.  Mr. Donahue then began to chair the                 
  meeting.                                                                     
                                                                               
  Representative Porter moved and asked unanimous consent that                 
  Mr. Donahue be nominated for the chair of the House                          
  subcommittee.  There was no objection and Mr. Donahue was                    
  elected chair of the House subcommittee.                                     
                                                                               
  The nominations were opened for the vice chair of the Senate                 
  subcommittee.  Senator Kerttula moved and asked unanimous                    
  consent that Mr. Granger be nominated.  There was no                         
  objection and Mr. Granger was elected vice chair of the                      
  Senate subcommittee.                                                         
                                                                               
  Representative Mackie moved that Ms. MacNeille be nominated                  
  as vice chair of the House subcommittee and asked unanimous                  
  consent.  There was no objection and Ms. MacNeille was                       
  elected vice chair of the House subcommittee.                                
                                                                               
  ADOPTION OF THE AGENDA                                                       
                                                                               
  Senator Kerttula asked that the item of administrative                       
  procedures be added to the agenda.  It was added as item No.                 
  11.                                                                          
                                                                               
  Mr. Granger asked that an item be added to the agenda for                    
  public comment.  This was added as item No. 12.                              
                                                                               
  Representative Porter indicated that he would be absent from                 
  the meeting for a period of time and asked that the item of                  
  staffing not be considered until he was present.  Item 7 was                 
  moved to some time later in the meeting, at the chair's                      
  discretion, when all were present.                                           
                                                                               
  Ms. MacNeille moved and asked unanimous consent that the                     
  agenda be adopted as modified.  There was no objection and                   
  the agenda as modified was adopted.                                          
                                                                               
  APPROVAL OF MINUTES OF MEETING OF MARCH 25, 1993                             
                                                                               
  Ms. MacNeille moved the approval of the minutes.  There was                  
  no objection and the motion was approved.                                    
                                                                               
  COMMITTEE BUDGET                                                             
                                                                               
  Eric Musser, Legislative Aide to Representative Brian                        
  Porter, explained the two draft budgets.  The two versions                   
  of the budgets were based on different levels of staff                       
  services and office locations,  and the number of meetings                   
  and their locations.   Draft 1 was based on all meetings                     
  being in Juneau and staff being in Juneau.  Draft 2 was                      
  based on an Anchorage location.  Senator Kerttula noted that                 
  during session it would be necessary to hold the meetings in                 
  Juneau.                                                                      
                                                                               
  Representative Mackie suggested that the budget be reviewed                  
  component by component rather than adopting one or the                       
  other.                                                                       
                                                                               
  The first component to be considered was personal services.                  
  After some discussion, Representative Mackie moved that the                  
  committee hire a permanent part-time employee at a range 19                  
  to be located in Anchorage during the interim and in Juneau                  
  during the session.    He later amended his motion to move                   
  that the committee budget for a range 19 permanent part-time                 
  employee and asked unanimous consent.  There was no                          
  objection and the motion was adopted.                                        
                                                                               
  The next budget item to be considered was office location                    
  and meeting locations.  Senator Kerttula moved that the                      
  office be established in Anchorage, and to the maximum                       
  extent possible, the meetings of the committee be held in                    
  Juneau during the legislative session and asked for                          
  unanimous consent.  There was objection.  Ms. McCoy was                      
  concerned that the best qualified person may not be in                       
  Anchorage.  The motion passed with the 6-2 vote as follows:                  
  Mackie, Porter, Pearce, MacNeille, Donahue and Granger                       
  voting in favor and McCoy and Vorderstrasse voting against.                  
                                                                               
  Senator Pearce asked where the meetings had been held during                 
  the interim in the past.  Ms. MacNeille indicated that if                    
  there were not confidential matters the meetings were, for                   
  the most part, held by teleconference.  Senator Pearce then                  
  moved that for planning purposes the committee plan to hold                  
  the interim meetings in Anchorage.  There was no objection                   
  and the motion was adopted.                                                  
                                                                               
  Representative Mackie moved that the committee budget for 8                  
  meetings, 4 meetings in Juneau at a cost of $39,534.08 and 4                 
  meetings in Anchorage at a cost of $17,634.08, for a total                   
  of $57,168.16 for committee travel.  There was no objection                  
  and the motion was adopted.                                                  
                                                                               
  Senators Kerttula and Pearce returned to the Senate Floor.                   
                                                                               
  The next budget item to be addressed was staff travel.  Ms.                  
  McCoy suggested that since some of the meetings were to be                   
  conducted by teleconference there may be sufficient money                    
  already budgeted for the staff travel.  Representative                       
  Mackie moved that the committee budget $1,776 for staff                      
  travel and $880 for per diem for 4 trips to Juneau for a                     
  total of $2,656.  There was no objection and the motion was                  
  adopted.                                                                     
                                                                               
  Eric Musser asked that the committee allow LAA to double                     
  check the accuracy of the numbers since the per diem rates                   
  change depending on the time of year and length of travel.                   
  Representative Mackie indicated that was his reason for                      
  including the number of days or number of trips, then the                    
  dollar amount could be adjusted based on the committee's                     
  intent.                                                                      
                                                                               
  Representative Mackie noted that in the motion on public                     
  members' travel, public members' per diem had not been                       
  addressed.  Representative Mackie moved that the committee                   
  approve per diem for non-Juneau members for 4 meetings, 2                    
  days per meeting, which was 8 days of per diem for 4 members                 
  at a cost of $14,096.  There was no objection and the motion                 
  passed.                                                                      
                                                                               
  Representative Mackie moved that the committee approve per                   
  diem for the 3 non-Anchorage members for 4 meetings, 2 days                  
  per meeting, for a cost of $10,572.  There was no objection                  
  and the motion was approved.                                                 
                                                                               
  The chair noted that in order for the committee to take                      
  action it was necessary to have two legislative members                      
  present and there were not two present for the previous                      
  motions regarding the travel and per diem budget items.  Pam                 
  Stoops, Director of Administrative Services for Legislative                  
  Affairs Agency, suggested that a total figure for personal                   
  services and travel and per diem would be all that was                       
  necessary for budgeting purposes.  Ms. MacNeille suggested                   
  that the committee take a recess and have LAA prepare a                      
  budget along the lines discussed.  Representative Mackie                     
  summarized the committee's wishes for travel and per diem                    
  for 4 meetings in Juneau and 4 meetings in Anchorage and                     
  intent to hire one range 19 permanent part-time person to be                 
  located in Anchorage on a year-round basis.                                  
                                                                               
  The committee then took a recess.                                            
                                                                               
  When the meeting reconvened Representative Porter had                        
  rejoined the committee.                                                      
                                                                               
  The chair noted that the previous motions for the travel and                 
  per diem were to be disregarded.  Representative Mackie                      
  moved that the personal services budget line item be $48,000                 
  for one permanent part-time range 19 employee.  This would                   
  be for a person to be employed for 3/4 time.  Representative                 
  Porter indicated that he had a preference for not hiring                     
  staff at all.  The motion was approved with a qualified non-                 
  objection by Representative Porter.                                          
                                                                               
  Representative Mackie moved that the committee approve a                     
  figure of $33,000 for travel and per diem.  This was for 4                   
  meetings in Juneau during the session and 4 meetings in                      
  Anchorage for the committee members.  There were no                          
  objections and the motion passed with unanimous consent.                     
                                                                               
  Representative Mackie then moved that the committee budget                   
  for a 500 square foot office to be located in Anchorage at a                 
  cost of $10,000.  Representative Porter noted that Appendix                  
  A, page 10, of the Standards of Conduct Handbook, indicated                  
  that Legislative Council was responsible for providing                       
  office space, equipment and additional staff support and                     
  wanted to support the idea of using already existing space                   
  and staff.  Mr. Granger concurred.  Representative Porter                    
  indicated that he would support putting the budget together                  
  with the understanding that it did not mean he supported                     
  expending the funds for any of the items within the budget.                  
  The motion passed by a vote of 6 to 1 with Mackie, Porter,                   
  MacNeille, McCoy, Donahue and Vorderstrasse voting for the                   
  motion and Mr. Granger voting against the motion.                            
                                                                               
  Representative Mackie moved that the committee budget $1,000                 
  for supplies.  There was no objection and the motion was                     
  approved.                                                                    
                                                                               
  Ms. MacNeille moved that under professional services                         
  contractual funds, the committee budget $60,000 for                          
  legal/investigative services.  Mr. Granger inquired about                    
  the $68,000 currently in the committee's budget.  Pam Stoops                 
  indicated that money was for this year's expenses; however,                  
  what was left, after whatever cost the committee incurs                      
  through June 30 of this year, would be carried forward into                  
  the next fiscal year and would be available to the                           
  committee.  Mr. Granger indicated he hoped that the                          
  committee would consider contracting its legal services with                 
  the Department of Law.  There was no objection and the                       
  motion was approved.                                                         
                                                                               
  Ms. McCoy moved that the committee approve $5,000 for phone                  
  and postage.   There was no objection and the motion was                     
  adopted.                                                                     
                                                                               
  Representative Mackie summarized the budget as follows:                      
  personal services, $48,000; travel and per diem, $33,000;                    
  office supplies, $1,000; and $5,000 for phones and postage;                  
  contractual, $10,000 for office space and $60,000 for legal                  
  and investigative; for a total budget of $157,000.                           
                                                                               
  Pam Stoops indicated that there was an encumbrance called                    
  the House Ethics Equipment Encumbrance, in the amount of                     
  $9,936, which will lapse on July 3 unless the committee                      
  directs her to request this encumbrance to be re-                            
  established.  This money can only be spent on equipment.                     
  She also noted that there was no excess furniture in                         
  Anchorage; however, there may be some equipment available in                 
  Juneau.  Representative Mackie moved that the committee                      
  request Legislative Council to get the equipment for the                     
  committee's office and not budget for it.  There was no                      
  objection and the motion was adopted.                                        
                                                                               
  REVIEW AND/OR APPROVAL OF ADVISORY OPINIONS                                  
                                                                               
  Ms. MacNeille asked to be excused during the discussion of                   
  the advisory opinion concerning her.                                         
                                                                               
  The chair asked for clarification of whether advisory                        
  opinions should be considered in public.  Terry Cramer,                      
  Legal Counsel for Legislative Affairs Legal Services, said                   
  that in the usual circumstance, the committee's discussion                   
  of advisory opinions would be a confidential discussion.  In                 
  the three advisory opinions before the committee at this                     
  meeting, the requesters had asked that the discussion be                     
  public.  She also noted that Ms. MacNeille was disqualified                  
  from participation in the discussion of the advisory opinion                 
  concerning her.                                                              
                                                                               
  Representative Mackie asked if Ms. Cramer would review the                   
  requests and advise the committee on the opinions.  At this                  
  time, Ms. MacNeille excused herself from the meeting for the                 
  discussion of the opinion concerning her.                                    
                                                                               
  ADVISORY OPINION 93-1                                                        
                                                                               
  Ms. Cramer stated that the first advisory opinion concern a                  
  possible conflict for Ms. MacNeille.  There were two draft                   
  opinions.  In both cases the statement of the facts were the                 
  same, but because there were differing decisions that had                    
  been made in the past on the question of state contracts and                 
  leases, she had prepared two different responses.  She noted                 
  that it is the facts that committee gets in a request that                   
  are acted on and there were three different questions asked                  
  by this request.                                                             
                                                                               
  Ms. Cramer summarized the factual part of the request                        
  submitted by Ms. MacNeille.  The question arises because Ms.                 
  MacNeille's husband is a lawyer in a law firm that does work                 
  for the state.  There are three kinds of circumstances under                 
  which the law firm does work.  The first is for contracts                    
  with the University of Alaska, entered into under the                        
  University's separate procurement code, which are                            
  competitive bids.  In the second set of contracts, on two                    
  occasions, her husband has been retained under a process                     
  that did not have a competitive bid.  In the third set, her                  
  husband's law firm has a contract with a second law firm,                    
  and the second law firm has a contract with the state to do                  
  legal work litigating with certain oil producers and the                     
  contract entered into by the second law firm was not done on                 
  a competitive bid basis.  Ms. MacNeille's husband's law firm                 
  is not a party in any way to that contract.                                  
                                                                               
  The part of the ethics code that applies is the state                        
  contracts and leases, which states that a legislator or                      
  legislative employee may not be a party to a state contract                  
  unless it meets one of three criteria.  Ms. MacNeille's                      
  husband is considered an immediate family member and is                      
  covered under this section.                                                  
                                                                               
  Ms. Cramer stated that past advisory opinions issued in                      
  previous years are useful to this committee to the extent                    
  that the provisions of the law have carried through.                         
                                                                               
  Ms. Cramer discussed the three kinds of contracts covered:                   
  (1) contract let through competitive sealed bidding; (2) the                 
  total annual amount of the contract or lease is $1,000; or                   
  (3) is a standardized contract or lease that is developed                    
  under publicly established guidelines and is generally                       
  available to the public at large, members of a profession,                   
  occupation or group.  In the competitive let contracts, Ms.                  
  MacNeille's husband's contracts did not meet the criterion                   
  for competitively sealed bids.  It is not the second type                    
  since the amount is over $1,000.  In the third type,                         
  standardized contracts, the type of contracts Ms.                            
  MacNeille's husband's law firm entered into would satisfy                    
  the requirements of being a standardized contract developed                  
  under publicly established guidelines generally available to                 
  the public at large, members of a profession, occupation or                  
  group.  Version B of the opinion finds that the language                     
  does not extend to this kind of contract, and that the 1984                  
  opinion from the committee which suggests that it did,                       
  overturns the opinion.                                                       
                                                                               
  Ms. Cramer stated that her reason for two directions on that                 
  question is that in 1991 there was a comment in an opinion                   
  about how to interpret the third kind of exception.                          
                                                                               
  Representative Mackie asked if Version A of the draft                        
  advisory opinion says that it was not a violation of section                 
  3 because of the standardized contract which is available to                 
  members of that occupation, so that wouldn't prohibit her                    
  from serving on the Ethics Committee; and if Version B                       
  states that the contract does not qualify as a standardized                  
  contract and therefore the ethics law would be violated if                   
  her husband had an interest in that kind of contract.  Ms.                   
  Cramer indicated that was correct.                                           
                                                                               
  Representative Porter asked Ms. Cramer to summarize the                      
  justification for both versions.  Ms. Cramer stated that                     
  Version A would allow legislators and legislative employees                  
  to enter into request for proposal style contracts under the                 
  state procurement code or like the state procurement code.                   
  There could be a serious financial drain on family members                   
  of people associated with legislators or legislative                         
  employees and by limiting it to procurement code processes                   
  you are maintaining public control so that the process does                  
  not go awry based on legislative influence.                                  
                                                                               
  Ms. Cramer noted that legally the committee did not have to                  
  be consistent, but could base their decisions on the facts                   
  of each situation.  Representative Porter expressed his                      
  concern about the ability to be inconsistent. Representative                 
  Mackie stated that he felt it wasn't as much a case of being                 
  inconsistent as evaluating each case individually.                           
                                                                               
  Mr. Donahue asked if the time these contracts were entered                   
  into had a bearing on the situation.  Ms. Cramer indicated                   
  the statute said that a member of the legislature or                         
  legislative employee may not have an interest in state                       
  contracts or leases, and that there was no delay in any of                   
  the provisions of the ethics code.  The recent change to                     
  this section was to add that it now applies to immediate                     
  family members.                                                              
                                                                               
  Representative Porter asked if past ethics committees had                    
  adopted a policy of stating that they will look at these                     
  kinds of requests or allegations on an individual basis as                   
  opposed to one policy that should be a blanket policy to                     
  cover every consideration.  Ms. Cramer indicated that often                  
  they had been answering a specific inquiry; however, that                    
  policy could be adopted by this committee whether it was                     
  done in the past or not.                                                     
                                                                               
  Mr. Granger asked if the committee had the letter at the                     
  time of the confirmation hearings.  Ms. Cramer stated that                   
  they had not.  Ms. McCoy stated that the mail had been held                  
  sealed until there was an ethics committee.                                  
                                                                               
  Ms. Cramer stated that the committee could adopt conceptual                  
  amendments and state the general direction of something the                  
  committee wants to see added or deleted.  She indicated that                 
  she could circulate the revised draft and have the committee                 
  adopt it on that basis or be held over for another meeting,                  
  although by statute the committee has 30 days from the day                   
  of a request  to respond.                                                    
                                                                               
  Mr. Donahue asked if the three types of contracts were being                 
  treated the same.  Ms. Cramer indicated they were not.  The                  
  second contract she didn't feel she had enough information                   
  to reach a conclusion.  The response to the second and third                 
  types of contracts was the same in both versions of the                      
  draft opinion.                                                               
                                                                               
  Mr. Granger indicated that he had problems with the January                  
  12th letter.  His concern was that the members of this                       
  committee had the highest requirement possible to ensure                     
  there were no conflicts.  He also felt that Ms. MacNeille                    
  had a duty to bring this matter before the Judiciary                         
  confirmation hearings and because of those things could not                  
  support Version A.  Representative Porter stated that his                    
  recollection was that during the confirmation hearings Ms.                   
  MacNeille did mention the potential conflict.                                
  Representative Porter stated that he had asked for the                       
  committee minutes to confirm whether this information had                    
  been presented at the confirmation hearings.  Mr. Granger                    
  stated that there should be no taint of conflict with the                    
  members of the Ethics Committee and he felt there was a                      
  conflict in this case.                                                       
                                                                               
  The committee took a brief at-ease to obtain the minutes of                  
  the Joint Judiciary confirmation hearings regarding Ms.                      
  MacNeille's testimony at those hearings.                                     
                                                                               
  Representative Porter read from the minutes of the Joint                     
  Judiciary hearings on February 4, 1993, which indicated that                 
  Ms. MacNeille did inform the committee that she had filed a                  
  nonconfidential advisory opinion about that contractual                      
  relationship, and she had proceeded to outline the facts of                  
  the situation.                                                               
                                                                               
  Representative Mackie moved that Version A draft advisory                    
  opinion 93-1 dated April 9, 1993, be approved by the                         
  committee.  Ms. McCoy asked that the draft include some of                   
  the reasoning regarding the limited precedent being set.                     
  Representative Mackie accepted that as a friendly amendment.                 
                                                                               
                                                                               
  Mr. Donahue asked if the question regarding the second                       
  contract where there wasn't enough information was still                     
  subject to an advisory opinion.  Representative Mackie                       
  stated that his intent was to inform Ms. MacNeille that the                  
  ethics committee did not find a conflict in her sitting on                   
  the committee due to the circumstances involving her                         
  husband.                                                                     
                                                                               
  Mr. Donahue asked that the roll be called on this motion.                    
  Mackie, Porter, McCoy, Donahue and Vorderstrasse voted in                    
  favor; Granger voted against.                                                
                                                                               
  Ms. Cramer asked for clarification of the changes, which                     
  were that the committee finds both the first and second type                 
  of contract are permitted because there is relatively little                 
  ability for a person in this situation to use legislative                    
  influence and to narrow the interpretation of this advisory                  
  opinion so that this is not to be used as a precedent for                    
  other cases.                                                                 
                                                                               
  Ms. MacNeille rejoined the committee and was informed that                   
  the committee did not consider her to have a conflict of                     
  interest.                                                                    
                                                                               
  ADVISORY OPINION 93-2                                                        
                                                                               
  The next advisory opinion concerned an employee of the                       
  ombudsman who sold real estate in her off time.  Her                         
  question was that, as a real estate agent who represents the                 
  seller, did she have a close economic association that she                   
  needed to disclose when the person who bought the property                   
  was a legislator.  The draft opinion determines that she                     
  does not have to disclose a close economic association                       
  because her economic association was with the seller.                        
                                                                               
  Representative Porter moved acceptance of draft advisory                     
  opinion 93-2.  This would mean that the employee did not                     
  have a conflict of interest.  There was no objection and the                 
  motion was adopted.                                                          
                                                                               
  ADVISORY OPINION 93-3                                                        
                                                                               
  The next advisory opinion concerned a legislator who had won                 
  a prize as a result of a raffle held by Perseverance                         
  Theater.  The legislator wondered if she had an obligation                   
  under the ethics law because of this.  The draft advisory                    
  opinion did not find that she had any obligation to disclose                 
  under the legislative ethics code.                                           
                                                                               
  Mr. Granger asked that the committee approve draft advisory                  
  opinion 93-3.  There was no objection and the motion was                     
  adopted.                                                                     
                                                                               
  DRAFT POLICY ON JURISDICTION AND CONFIDENTIALITY                             
                                                                               
  Ms. MacNeille had drafted the policy which says if the                       
  subject of the complaint is a member of the legislature at                   
  the time the complaint is filed, then the complaint is                       
  handled by the house in which the subject serves, even if                    
  the act complained of happened while that person was serving                 
  in the other house; if the subject of the complaint is a                     
  former legislator, then the house in which the person served                 
  at the time of the act is responsible; and if it refers to a                 
  former legislator about acts that happened in both houses,                   
  it is referred to the one in which he most recently served;                  
  if it is an employee, it is referred to the house in which                   
  the person is presently employed, regardless of where the                    
  conduct might have occurred; referral is automatic so that                   
  the complaint goes to the house with responsibility for its                  
  handling.                                                                    
                                                                               
  Representative Porter moved the adoption of the policy as                    
  drafted on shared jurisdiction.  There was no objection and                  
  the policy for shared jurisdiction was adopted.                              
                                                                               
  DRAFT POLICY ON HANDLING OF CONFIDENTIAL DOCUMENTS                           
                                                                               
  The next item was the draft policy dealing with the handling                 
  of confidential documents and had been developed in the last                 
  ethics committee.  Several members expressed concern about                   
  faxing confidential information and supported the proposed                   
  policy.  Ms. McCoy moved that the committee approve the                      
  proposed policy for handling confidential documents.  There                  
  were no objections and the motion was adopted.                               
                                                                               
  ROSTER OF MEMBERS                                                            
                                                                               
  Corrections were made to the roster of members of the                        
  committee.                                                                   
                                                                               
  ADMINISTRATIVE MATTERS                                                       
                                                                               
  Mr. Granger asked how the committee was going to handle long                 
  distance phone calls.  Mr. Donahue expressed concern that                    
  the members were a public body and should not be discussing                  
  the issues except in meetings.  Ms. Stoops explained that                    
  the chair could authorize credit cards for all members,                      
  reimbursement of calls to members could be made, or while                    
  traveling reimbursement could be made of calls on the hotel                  
  bills.                                                                       
                                                                               
  Ms. Cramer stated that out of meeting discussions should be                  
  limited to administrative issues.  Ms. Cramer indicated that                 
  she was reviewing the handbook and would have a memo ready                   
  in the future.  Representative Mackie moved that the                         
  committee adopt the third edition dated January 1993,                        
  prepared by the former Select Committee on Legislative                       
  Ethics as an "interim reference guide" for legislators and                   
  legislative employees with the understanding that a new                      
  guide will be forthcoming.  Representative Porter asked for                  
  unanimous consent.  There was no objection and the motion                    
  was adopted.                                                                 
                                                                               
  Eric Musser asked that the committee consider two items:                     
  approval of payment of the advertising bill for the RFPs and                 
  noted that in the code of conduct book, page A-7, April 15                   
  is the day that the disclosure of gifts for the prior year                   
  were due to the committee.  Ms. McCoy moved that the                         
  committee approve the payment of the bill to the Juneau                      
  Empire for the advertising of the RFP at a cost of $213.14.                  
  Representative Mackie asked that the motion include the                      
  forthcoming bills from the other two newspapers in which the                 
  RFP was advertised.  Ms. McCoy noted that the motion was not                 
  necessary as the chairman has authority to approve bills up                  
  to $5,000.  Ms. Stoops stated that the chair would have the                  
  authority to approve TRs, travel, etc., up to $5,000.                        
                                                                               
  Senator Kerttula rejoined the committee to inform them that                  
  he and Senator Pearce would not be able to attend the rest                   
  of the meeting.                                                              
                                                                               
  RFPs FOR LEGAL/INVESTIGATIVE SERVICES                                        
                                                                               
  Ms. MacNeille asked that the committee go into executive                     
  session for the purpose of discussing the RFPs for reasons                   
  that may prejudice the persons, businesses or companies                      
  involved.                                                                    
                                                                               
  The committee went into executive session.                                   
                                                                               
  When the committee returned from executive session, Mr.                      
  Donahue appointed an ad hoc committee composed of Ms.                        
  MacNeille, Ms. McCoy and Mr. Granger (chair) to review the                   
  RFPs against the proposed criteria, to contact references,                   
  and to report back to the committee.  It was suggested that                  
  a personal interview be conducted with the candidates by the                 
  subcommittee.  Mr. Donahue asked the subcommitttee to                        
  consider in their evaluation how some of the advisory                        
  opinions could be done in house and thus less would have to                  
  be handled by the outside consultants.                                       
                                                                               
  COMMITTEE BUDGET                                                             
                                                                               
  Mr. Donahue delegated to Representative Porter the                           
  introduction of the committee's budget to the conference                     
  committee.                                                                   
                                                                               
  NEXT MEETING                                                                 
                                                                               
  Mr. Donahue announced that the next meeting of the whole                     
  would be on Thursday at 1 p.m., April 22, followed by a                      
  meeting of the Senate ethics subcommittee.  Possible items                   
  for the next agenda included complaints, gifts, disclosure,                  
  and the commendation of Judge Stewart.                                       
                                                                               
  The meeting was adjourned at 5:25 p.m.                                       

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