Legislature(1993 - 1994)

06/08/1993 01:15 PM House ETH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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           THE SELECT COMMITTEE ON LEGISLATIVE ETHICS                          
                          June 8, 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 Brian Porter                                                  
                                                                               
  1.  CALL TO ORDER                                                            
                                                                               
  The meeting was called to order at 1:15 p.m. by Chairman                     
  Joseph Donahue in the 5th floor conference room of the                       
  Anchorage legislative offices.  Members present were:                        
  Donahue, Granger, Kerttula, MacNeille, McCoy, Pearce,                        
  Porter, and Vorderstrasse.                                                   
                                                                               
  2.  APPROVAL OF MINUTES OF MEETING OF APRIL 22-23, 1993                      
                                                                               
  Chairman Donahue noted that the minutes of the April 15th                    
  meeting had been revised to put them into the format                         
  adopted, but no changes had been made to the content.                        
  Senator Kerttula moved and asked unanimous consent that the                  
  minutes of the April 22-23, 1993 meeting be approved.  There                 
  was no objection and the motion was adopted.                                 
                                                                               
  3.  ADOPTION OF THE AGENDA                                                   
                                                                               
  The agenda was adopted.                                                      
                                                                               
  4.  PUBLIC COMMENT                                                           
                                                                               
  A member of the public inquired when the committee would                     
  deal with the complaints before it.  Chairman Donahue                        
  indicated that the agenda covered what would be addressed at                 
  this meeting.  The subcommittees would be discussing the                     
  complaints before them (which are confidential) in executive                 
  session.                                                                     
                                                                               
  4.  CHAIRMAN'S REPORT                                                        
                                                                               
       a.  PUBLICATION OF THE MINUTES                                          
                                                                               
  The committee had a request from House Records to publish                    
  the minutes.  Mr. Granger expressed a desire to have the                     
  minutes completed as quickly as possible.  Representative                    
  Porter suggested that the minutes be sent to members with a                  
  certain period of review before they were published.                         
                                                                               
       b.  REPORTS ON DISCLOSURES                                              
                                                                               
  The chairman asked if the committee wanted to develop a                      
  standardized category of things to be reported on at each                    
  meeting.                                                                     
                                                                               
  The chairman stated that he and his wife had submitted                       
  statements of disclosure.  Senator Pearce suggested that the                 
  chairman have a copy of the disclosures available at the                     
  meetings for the members to review.                                          
                                                                               
       c.  MAIL RECEIVED/ANSWERED                                              
                                                                               
  The chairman noted that he was receiving information from                    
  COGEL (Council on Governmental Ethics Laws) which dealt with                 
  ethics issues.  The information would be available in the                    
  office.                                                                      
                                                                               
       d.  BUDGET                                                              
                                                                               
  The chairman stated that the committee had not been funded                   
  at the requested amount.  There was intent language in the                   
  budget that passed which said the Legislative Council would                  
  help the committee meet its needs.  The chairman indicated                   
  that he had drafted a memo to Legislative Council                            
  summarizing the budget situation.  The Legislative Council                   
  did take the issue up but did not fund it.  Senator Pearce                   
  stated that the letter was presented at the Council meeting.                 
  The Finance committees had closed out the budget by the time                 
  the Ethics budget was presented.  She felt that there was                    
  money available within the legislature and that by August                    
  the legislature would know what the amount of carryforward                   
  funds was and then a request to Council could be made.                       
  Representative Porter expressed concern regarding the budget                 
  and the perception of having to deal with Legislative                        
  Council on it.                                                               
                                                                               
       e.  OFFICE AND EQUIPMENT                                                
                                                                               
  The chairman indicated that the Ethics committee had been                    
  assigned secure space on the second floor of the new                         
  Anchorage legislative space.  There was some question about                  
  whether the office equipment was available at this time.                     
                                                                               
       f.  OTHER ADMINISTRATIVE ISSUES                                         
                                                                               
  Under authorization of travel and signatory authority, for                   
  purposes of travel the chairman had approved the two vice-                   
  chairs to sign if he is unavailable.                                         
                                                                               
  The chairman indicated it was his intent to secure a post                    
  office box for the mail.                                                     
                                                                               
  6.  STATUS OF LEGAL AGREEMENT                                                
                                                                               
  The chairman stated that a contract had been signed with                     
  Bogle and Gates and was available in the members' packets.                   
  A better price had been negotiated than was presented in the                 
  RFP.  The contract was valid through June 30, 1993.                          
                                                                               
  Ms. MacNeille moved and asked unanimous consent that the                     
  committee extend the contract through the end of December.                   
  Senator Kerttula moved to amend the motion to a 90-day                       
  extension based on the funds available.  The amended motion                  
  was passed with unanimous consent.                                           
                                                                               
  7.  SELECTION OF PROFESSIONAL ASSISTANT                                      
                                                                               
  The chairman informed the committee that there had been over                 
  120 applications for the position.  The criteria for                         
  evaluation was in the members' packets.  Ten have been                       
  contacted for consideration.                                                 
                                                                               
  Senator Kerttula asked if the legislators other than those                   
  on the Ethics Committee could attend the executive session                   
  on this issue.  Senator Pearce stated that the policy was                    
  that any legislator could attend any executive session, but                  
  must sign a confidentiality statement.  The question of                      
  executive sessions regarding complaints and allowing other                   
  legislators to attend was raised.  It was agreed to seek Mr.                 
  Spaan's advice on the issue.                                                 
                                                                               
  EXECUTIVE SESSION                                                            
                                                                               
  At 2:03 p.m. Ms. MacNeille 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 2:55 p.m.                           
                                                                               
  Senator Pearce moved that the chairman take action on hiring                 
  an administrative assistant for the Select Committee on                      
  Legislative Ethics after the process and reference check                     
  have been completed.  There was no objection and the motion                  
  was adopted.                                                                 
                                                                               
  At 3:05 p.m. Ms. Vorderstrasse moved and asked unanimous                     
  consent that the main committee recess for a Senate                          
  subcommittee meeting.  There was no objection and the motion                 
  was adopted.                                                                 
                                                                               
  SENATE SUBCOMMITTEE MEETING CONVENED                                         
                                                                               
  The Senate subcommittee was called to order at 3:05 p.m.                     
  with all members present.  Senator Kerttula 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.                                                      
                                                                               
  The Senate subcommittee reconvened at 4:50 p.m. in public                    
  session.  Ms. MacNeille moved and asked unanimous consent                    
  that the chairman be authorized to select, negotiate and                     
  sign contracts with providers of investigative services                      
  under section 150 (b) of the Legislative Procurement                         
  Procedures for complaints S1-13 not to exceed a total of                     
  $20,000 and to designate the chairman as the project                         
  director.  Ms. McCoy asked if unanimous consent was allowed                  
  when a large amount of money was involved.  The chairman                     
  indicated that unless someone objected, unanimous consent                    
  was allowed.  There was no objection and the motion was                      
  adopted.                                                                     
                                                                               
  The Senate subcommittee was recessed to the committee of the                 
  whole.                                                                       
                                                                               
  COMMITTEE OF THE WHOLE RECONVENED                                            
                                                                               
  The committee of the whole reconvened at 4:57 p.m.  The next                 
  meeting was tentatively scheduled for August 12th and/or                     
  13th.                                                                        
                                                                               
  Ms. MacNeille moved and asked unanimous consent that the                     
  committee adjourn.  There was no objection and the motion                    
  was adopted.                                                                 
                                                                               
  The meeting was adjourned at 5:00 p.m.                                       

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