Legislature(1993 - 1994)

08/12/1993 10:15 AM 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                          
                         August 12, 1993                                       
                           10:15 a.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Joseph Donahue, Chair                                                        
  Ed Granger                                                                   
  Margie MacNeille                                                             
  Shirley McCoy                                                                
  Edith Vorderstrasse                                                          
  Senator Jay Kerttula                                                         
  Representative Brian Porter                                                  
  Representative Jerry Mackie                                                  
  Senator Drue Pearce: arrived 11:35 a.m.                                      
                                                                               
  1.   CALL TO ORDER                                                           
                                                                               
  The meeting was called to order at 10:15 a.m. by Chairman                    
  Donahue in the Library/Conference Room on the 2nd Floor of                   
  the Anchorage Legislative Information Office. Chairman                       
  Donahue announced that Terry Cramer of LAA Legal Division                    
  was on teleconference.                                                       
                                                                               
  2.   ADOPTION OF THE AGENDA                                                  
                                                                               
  Senator Kerttula moved that the agenda remain open.  Motion                  
  adopted.  Chairman Donahue announced that the committee                      
  would attempt to complete it's business on August 12 and not                 
  meet on August 13.                                                           
                                                                               
  3.   APPROVAL OF MINUTES OF JUNE 8, 1993                                     
                                                                               
  Senator Kerttula moved that the minutes of the June 8, 1993                  
  meeting be adopted.  Motion was adopted without objection.                   
                                                                               
       Minutes Approved.                                                       
                                                                               
  4.   FINANCES                                                                
                                                                               
  Chairman Donahue referenced the August 11, 1993 funding                      
  update memo from LAA Administrative Services indicating a                    
  need for additional funds for FY 94.  Senator Kerttula moved                 
  that the Chairman be authorized to write a funding request                   
  letter to Legislative Council detailing the funds necessary                  
  and that a copy of the funding request be sent to committee                  
  members prior to transmittal to the Council.  The motion                     
  passed without objection.                                                    
                                                                               
       Motion Adopted: Chairman authorized for FY 94 funding                   
       request.                                                                
                                                                               
  4.   PUBLIC COMMENT                                                          
                                                                               
  No public comment.                                                           
                                                                               
  5.   REPORT FROM THE CHAIR                                                   
                                                                               
       a.  STAFF REPORT:  Chairman Donahue introduced Susan                    
  Barnett, Ethics Committee Aide, and referenced a report                      
  which summarizes the July-August operations and committee                    
  administration.                                                              
                                                                               
       b.  PUBLICATION OF ADVISORY OPINIONS:  The chairman                     
  advised the committee that the semi-annual publication of                    
  the advisory opinions would be accomplished as soon as                       
  possible following this meeting and will include any                         
  opinions issued today.  Representative Porter inquired as to                 
  whether the committee is required to publish all advisory                    
  opinions.  Terry Cramer stated that publication of opinions,                 
  after all identifying information has been removed, is                       
  required in the ethics code.                                                 
                                                                               
       c.  RECOMMENDATIONS FOR AMENDMENTS TO ETHICS CODE:  The                 
  chairman stated that committee members, staff and legal                      
  counsel are maintaining lists of suggested changes to the                    
  ethics law for eventual review by the committee.                             
                                                                               
       d.  LOAN REVIEW:  Statue requires the committee to                      
  annually publish a list of programs and loans, designating                   
  which do not meet the standards set out in AS 24.60.050(a).                  
  The chairman announced that the review will be initiated by                  
  staff and then brought before the committee in draft form.                   
                                                                               
       e.  OPEN MEETINGS GUIDELINES:  Statute requires the                     
  committee to develop guidelines under the Open Meetings law.                 
  The chairman appointed Margie MacNeille, Shirley McCoy,                      
  Senator Pearce and Representative Mackie to the Open                         
  Meetings subcommittee.  In response to an inquiry from                       
  Representative Porter, the chairman clarified that statute                   
  does not impose a deadline on the committee for the                          
  completion of guidelines.  The committee discussed pending                   
  legislative changes and court decisions which may affect                     
  current law and whether the committee may wish to make                       
  recommendations on current law.                                              
                                                                               
       Subcommittee Appointed:  MacNeille,McCoy,Pearce, Mackie                 
                                                                               
       f.  CONFIDENTIAL DOCUMENTS:  The chairman referenced                    
  the August 10, 1993 memo from him to committee members                       
  authorizing staff to organize all materials received at the                  
  Ethics Committee office and his recommendation that certain                  
  files be considered closed.  Representative Porter moved                     
  that the committee formally close any file containing                        
  confidential documents that were generated under the earlier                 
  ethics laws.  The motion was unanimously adopted.                            
                                                                               
       Motion adopted to close pre-1993 confidential                           
  documents.                                                                   
                                                                               
       g.  DISCLOSURES:  The chairman referenced the list                      
  given to committee members identifying all disclosures                       
  received but unpublished through July 30, 1993.                              
                                                                               
  6.   OTHER BUSINESS                                                          
                                                                               
       a.  EXECUTIVE SESSION ATTENDANCE:  Senator Kerttula                     
  inquired as to whether non-committee member legislators                      
  could attend executive sessions of this committee after                      
  signing confidentiality statements.  Chairman Donahue stated                 
  that legislators can sit in on executive sessions of the                     
  committee, if the subject is that legislator's request for                   
  an advisory opinion, but cannot sit in executive sessions                    
  dealing with complaints pending against that legislator.                     
  The chairman stated that the intent of the committee is to                   
  limit the number of people in executive sessions, given the                  
  statutory requirements for strict confidentiality.                           
                                                                               
  EXECUTIVE SESSION                                                            
                                                                               
  At 10:30 a.m., the committee of the whole announced it would                 
  move into a committee of the whole executive session and                     
  then into House and Senate subcommittee executive sessions                   
  for the purposes of discussion which might be prejudice to                   
  the persons involved.                                                        
                                                                               
  COMMITTEE OF THE WHOLE                                                       
                                                                               
  The committee of the whole reconvened at 3:44 p.m.                           
                                                                               
       AO 93-04:  Shirley McCoy moved to adopt Advisory                        
  Opinion 93-04 as modified in executive session.  Adopted                     
  without objection.                                                           
                                                                               
       Adopted                                                                 
                                                                               
       AO 93-05:  Shirley McCoy moved to adopt Advisory                        
  Opinion 93-05 with spelling corrections.  Representative                     
  Mackie objected.  Motion passed with members Donahue,                        
  Granger, MacNeille, McCoy, Vorderstrasse, Kerttula, Pearce,                  
  Porter concurring and Representative Mackie dissenting.                      
                                                                               
       Adopted                                                                 
                                                                               
       AO 93-06:  Representative Porter moved to adopt                         
  Advisory Opinion 93-06 as modified during executive session.                 
  Adopted without objection.                                                   
                                                                               
       Adopted                                                                 
                                                                               
       AO 93-07:  Chairman Donahue stated a conflict of                        
  interest and yielded the chair to Ed Granger.  Shirley McCoy                 
  moved to adopt Advisory Opinion 93-07 as modified in                         
  executive session.  Motion was adopted with no objections.                   
  Chairman Donahue did not participate in the vote.                            
                                                                               
       Adopted                                                                 
                                                                               
       AO 93-08:  Margie MacNeille moved to adopt Advisory                     
  Opinion 93-08 as modified in executive session.                              
  Representative Porter objected.  The motion was adopted with                 
  members Donahue, Granger, MacNeille, Vorderstrasse, Pearce,                  
  Mackie concurring and members Porter, Kerttula and McCoy                     
  dissenting.                                                                  
                                                                               
       Adopted                                                                 
                                                                               
  OTHER BUSINESS                                                               
                                                                               
       NEXT MEETING:  The committee tentatively scheduled the                  
  next meeting for Wednesday, September 22, 1993.                              
                                                                               
       VALUATION OF GIFTS:  Representative Porter requested                    
  that the committee consider for future discussion what value                 
  i.e. retail or wholesale, is to be placed on gifts received.                 
                                                                               
       CONFIDENTIAL GIFT DISCLOSURES:  Representative Porter                   
  proposed that at least three members review the confidential                 
  gift disclosures on behalf of the committee.  The chairman                   
  appointed himself, Representative Porter and Margie                          
  MacNeille to review the disclosures.                                         
                                                                               
       Subcommittee appointed:  Donahue, Porter, MacNeille                     
                                                                               
  Committee of the whole recessed at 4:14 p.m.                                 
                                                                               
  COMMITTEE OF THE WHOLE                                                       
  Committee of the whole reconvened at 7:26 p.m. and adjourned                 
  the meeting.                                                                 

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