Legislature(1993 - 1994)
04/22/1993 01:15 PM House ETH
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
THE SELECT COMMITTEE ON LEGISLATIVE ETHICS
April 22-23, 1993
1:15 p.m.
MEMBERS PRESENT
Joseph Donahue, Chair
Ed Granger
Margie MacNeille
Shirley McCoy
Edith Vorderstrasse
Senator Jay Kerttula
Senator Drue Pearce
Representative Jerry Mackie
Representative Brian Porter
1. CALL TO ORDER
The meeting was called to order at 1:15 p.m. by Chairman
Joseph Donahue in the Butrovich Room of the Capitol in
Juneau. Members present were: Donahue, Granger, Kerttula,
Mackie, MacNeille, McCoy, Pearce, Porter, and Vorderstrasse.
2. APPROVAL OF MINUTES OF MEETING OF APRIL 15, 1993
Mr. Granger moved and asked unanimous consent that the
minutes of the April 15, 1993 meeting be approved. There
was no objection and the motion was adopted.
3. ADOPTION OF THE AGENDA
Ms. McCoy asked that an item be added under Administrative
Procedures to discuss the format to be used for the minutes.
This was added as item 4a.
Representative Mackie asked that the item "requests from the
public to be heard" be added to this agenda and all future
agendas. This was added as item 3a.
Mr. Donahue announced his intention to go into a Senate
subcommittee meeting between 2 and 3 p.m. so that the two
senators would be able to participate.
With those changes, the agenda was adopted.
3a. REQUESTS FROM THE PUBLIC TO BE HEARD
Mr. Donahue asked if there was anyone in the public that
wished to comment during the meeting on any of the items.
There were none.
4. ADMINISTRATIVE PROCEDURES FOR OPEN MEETINGS
5. PROCESSES AND JURISDICTIONS
4A. MINUTES FORMAT
Ms. McCoy suggested that the minutes include a heading for
each item of the agenda to facilitate quick reference. It
was agreed that the minutes would be done in this fashion in
the future.
4B & 5. ADMINISTRATIVE PROCEDURES/PROCESSES AND
JURISDICTIONS
Mr. Donahue stated it was his intention to sort the mail and
present the information directly to the appropriate
subcommittee. All legislators having complaints filed
against them to date would be receiving a copy of the
complaint within the next day.
Regarding complaints filed that are not sworn to or in some
way do not meet the procedures set out, the chair would
receive and review all mail addressed to the committee, and
when the complaints are improperly submitted, will return
the materials to the person filing the complaint with
instructions for proper filing. The committee would retain
only the letter informing the person of the situation
without reference to any specifics of the complaint.
Regarding anonymous information received by the committee,
it was agreed that the appropriate subcommittee or if
necessary, the committee as a whole, would review the
information to determine if there was valid concern for the
committee to file a complaint. Copies of the complaint
would not be made until the committee determined if the
complaint was to be considered.
Regarding complaints that do not specify what the violation
was or who it was against, the committee agreed to review it
by the subcommittee or as a committee of the whole as the
situation dictated. In both the anonymous requests and the
nonspecific requests, control numbers would be assigned.
With regard to information advisory opinions, the committee
agreed to rely on Terry Cramer to give advice on routine and
mid-level questions. Written advisory opinions should be
drafted with legal assistance, LAA or hired legal services
when the occasion required. The committee also agreed that
if they give responses to questions, it should be with the
caveat that binding responses needed to be submitted as
formal written opinion to the committee.
The committee then discussed how to handle confidential
materials. The committee had agreed at its last meeting not
to fax these materials. The committee agreed that time was
needed to read and digest the materials prior to acting on
the issues, and therefore, the materials would be sent
certified mail, addressee only, return receipt requested
prior to a meeting. It was the preference whenever possible
that these items be hand-delivered.
Representative Porter indicated concern with having
legislative employees involved in the committee's business.
Mr. Donahue indicated that it was his desire to hire a staff
person soon. Ms. MacNeille moved that the committee
authorize the chair to begin the process of acquiring office
space and equipment and recruiting staff as soon as
possible. Representative Porter expressed concern about
hiring a legislative employee because of the possibility of
a conflict of interest. Several members expressed a desire
that the chair bring back his recommendation of staff to the
committee for approval.
Ms. McCoy suggested the committee establish the criteria for
screening applicants. Representative Mackie made an
amendment to the motion to include the chair bringing back
to the committee a recommendation of staff for approval by
the committee. Senator Pearce asked that the position be
noticed. The question was called. The amended motion was
approved with unanimous consent. Representative Porter did
not object but did state that he was concerned with the
staff issue as it related to the RFPs.
At 2:30 p.m. the main committee recessed for a Senate
Subcommittee meeting.
SENATE SUBCOMMITTEE MEETING CONVENED
The Senate Subcommittee was called to order at 2:30 p.m.
with all members present. Senator Pearce moved and asked
unanimous consent that the subcommittee go into executive
session for the purpose of discussion which might be
prejudice to the persons involved. The motion was adopted
with unanimous consent.
COMMITTEE OF THE WHOLE MEETING RECONVENED
The committee of the whole reconvened at 3:07 p.m. with a
quorum present.
4 & 5. ADMINISTRATIVE PROCEDURES/PROCESSES AND
JURISDICTIONS
Mr. Granger suggested that the chair should exercise his
judgement regarding administrative procedures that had not
been covered by the committee to date.
6. SUBCOMMITTEE REPORT ON RFPs FOR LEGAL SERVICES
The committee agreed that the subcommittee's report on the
RFP could be discussed in open meeting. Mr. Granger
indicated that he felt the committee should discuss the
following with the firms: what the cost of
investigative/legal services will be; who will be assigned
to work on the projects; caution about dealing with someone
in the firm and then having someone else do the work; not be
dazzled by the person the committee is dealing with; and
that the firm have a specific person to contact regarding
the services.
Ms. McCoy reviewed the report submitted by the subcommittee.
She indicated that she and Ms. MacNeille had interviewed the
three applicants. The subcommittee felt that all the
applicants were well qualified. Ms. MacNeille noted that
when the RFP was issued most of the committee had not been
selected and therefore a broad scope of responsibilities had
been outlined in it. Now that the full committee was
selected a different direction could be taken. The firms
submitting the RFPs were willing to provide whatever
services within whatever parameters the committee
determined.
Mr. Granger suggested that term contracts might be
considered whereby several firms were retained for whatever
projects came up but there was no guarantee of work.
Representative Mackie suggested that the committee needed to
decide on staff in order to determine what services the
legal/investigative firms would provide. His recommendation
was that whatever work could be done would be handled
through LAA. Several members expressed a desire to have a
legal firm available from the beginning of any complaint
requiring an investigation.
Ms. MacNeille moved that the committee go into executive
session for the purpose of discussion of the RFPs and the
reputations of character involved. There was no objection
and the motion was adopted. The committee went into
executive session at 3:30 p.m. and came out of executive
session at 4:05 p.m.
Mr. Donahue stated that today a fax had been received
responding to the RFP from Routh, Crabtree and Harbour.
Representative Porter moved that the committee not consider
any RFPs that were received after the deadline. There was
no objection and the motion was adopted.
Representative Mackie moved that the chairman be authorized
to negotiate and execute an agreement with Michael R. Spaan
from Bogle and Gates to provide legal services to the Select
Committee on Ethics. There was no objection and the motion
was adopted. Representative Mackie noted that all three
were well qualified, but because of geography, the
subcommittee's recommendation and other issues, the above
firm had been selected.
Ms. MacNeille moved that in the event a conflict of interest
prevents Bogle and Gates from providing any legal services
to the committee that the chair be authorized to negotiate
with and retain an attorney to handle the matter for which
there is a conflict. There was no objection and the motion
was adopted.
The full committee recessed for the purpose of a House
subcommittee meeting at 4:10 p.m.
HOUSE SUBCOMMITTEE MEETING
Ms. McCoy moved and asked unanimous consent that the
subcommittee go into executive session for the purpose of
discussion which might be prejudice to the persons involved.
The motion was adopted with unanimous consent.
When the subcommittee came back from executive session,
Representative Mackie moved that the House subcommittee
adjourn and the full Ethics Committee be subject to resuming
its action April 23, 1993 at 8:00 a.m. There was no
objection and the motion was adopted.
FULL COMMITTEE MEETING - APRIL 23, 1993, 8:00 A.M.
6. SUBCOMMITTEE REPORT ON RFPs FOR LEGAL SERVICES continued
The full committee reconvened the meeting at 8:00 a.m.
Representative Mackie noted that the two senators had
expressed concern at not being involved in the discussion
regarding the RFPs. Ms. MacNeille moved that the committee
go into executive session for the purpose of discussion of
the RFPs and the reputations of character involved. There
was no objection and the motion was adopted.
The committee came out of executive session at 9:10 a.m. and
recessed until 1:00 p.m. in the Governor's Conference Room.
The meeting reconvened at 1:10 p.m.
Mr. Donahue explained that signatory authorization and a
dollar amount were needed on the contract resulting from the
RFP. Ms. MacNeille moved that the committee authorize the
chair to negotiate and sign the contract under Section 150
(b) of the Legislative Procurement Procedures not to exceed
$40,000 with Bogle and Gates and designate the chair project
director.
Senator Kerttula moved to amend the motion so that the
contract did not exceed $30,000. Several members expressed
concern that the amount of the contract would lead to
spending that amount of money. Representative Porter
suggested that the chair in his negotiations with the legal
firm selected make clear to them that there were specific
criteria for services performed and that the committee had
no intention of spending the total amount of the contract.
Senator Kerttula withdrew his amendment. There was no
objection. He then moved to amend the earlier motion to say
that the contract would be for $20,000 with an additional
$10,000 available if necessary. Representative Porter
called for the previous question. There was no objection
and the motion was adopted with unanimous consent.
EXECUTIVE SESSION
At 1:20 p.m. Representative Mackie moved and asked unanimous
consent that the committee of the whole go into executive
session for the purpose of discussion which might be
prejudice to the persons involved. The motion was adopted
with unanimous consent.
COMMITTEE OF THE WHOLE MEETING
The committee of the whole reconvened at 1:35 p.m. with a
quorum present.
STAFF ADVERTISEMENT
Mr. Donahue announced that the LAA Personnel Office was
preparing an advertisement for the staff position with
applications to be sent to a mailbox in Anchorage. Any
other applications would be added to that for review.
Senator Pearce and Representative Mackie would review the
applications for legislative conflicts and Ms. MacNeille and
Mr. Donahue would review the applications for other
criteria.
NEXT MEETING
Representative Mackie moved and asked unanimous consent that
the committee tentatively schedule their next meeting June
8-9, 1993 in Anchorage at the Anchorage LIO on C Street.
The full committee was recessed for a Senate subcommittee
meeting.
SENATE SUBCOMMITTEE MEETING
The meeting was called to order at 1:40 p.m. The committee
went into executive session.
ADJOURNMENT
The full committee reconvened at 3:32 p.m. Ms. McCoy moved
and asked unanimous consent that the committee adjourn.
There was no objection and the motion was adopted.
The meeting was adjourned at 3:35 p.m.
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