Legislature(1993 - 1994)

09/22/1993 10:00 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                          
                       September 22, 1993                                      
                           10:00 a.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Joseph Donahue, Chair                                                        
  Ed Granger                                                                   
  Margie MacNeille                                                             
  Shirley McCoy                                                                
  Edith Vorderstrasse: via telephone                                           
  Senator Jay Kerttula                                                         
  Representative Brian Porter                                                  
  Senator Drue Pearce: arrived 10:47 a.m.                                      
                                                                               
  1.   CALL TO ORDER                                                           
                                                                               
  The meeting was called to order at 10:09 a.m. by Chairman                    
  Donahue in the Conference Room on the 2nd Floor of the                       
  Anchorage Legislative Information Office.  Chairman Donahue                  
  announced Member Edith Vorderstrasse was on telephone                        
  link-up.                                                                     
                                                                               
  2.   APPROVAL OF MINUTES OF AUGUST 12, 1993                                  
                                                                               
  Representative Porter moved that the minutes of the August                   
  12, 1993 meeting be adopted.  Motion was adopted without                     
  objection.                                                                   
                                                                               
       Minutes Approved.                                                       
                                                                               
  3.   ADOPTION OF THE AGENDA                                                  
                                                                               
  The extension of contracts was added to the agenda.  Motion                  
  to adopt as amended passed without objection.  Chairman                      
  announced that Policies and Procedures were on the agenda as                 
  discussion item and first review for the committee and                       
  public.                                                                      
                                                                               
       Agenda Adopted                                                          
                                                                               
  4.   PUBLIC COMMENT                                                          
                                                                               
  Theda Pittman spoke on behalf of the Alaska Women's                          
  Political Caucus, requesting the committee to complete the                   
  George Jacko investigation quickly.  A copy of the                           
  presentation is available in the September 22, 1993 Minutes                  
  file and is considered part of the record.                                   
                                                                               
  5.   REPORT FROM THE CHAIR                                                   
                                                                               
       (a) FINANCES:  Chairman Donahue referenced the memo in                  
  member notebooks indicating that the Senate Finance                          
  Committee would transfer the full FY 94 funding transfer                     
  request of $126,228 for Ethics Committee operations to                       
  Legislative Council.                                                         
                                                                               
       (b) POLICIES AND PROCEDURES:  Chairman Donahue asked                    
  the committee to briefly review the Policies and Procedures,                 
  highlighting areas of special concern.  Those areas were:                    
                                                                               
            1. Inclusion of lobbyists in eligibility for                       
               advisory opinions.                                              
                                                                               
            2. 30 Day response requirement for advisory                        
               opinions.  Representative Porter requested this                 
               item be added to list of possible legislation                   
               amendments.                                                     
                                                                               
            3. Anonymous Information.                                          
                                                                               
            4. Appearance of the subject in the complaint                      
               process.                                                        
                                                                               
            5. Discovery                                                       
                                                                               
            6. Guidelines                                                      
                                                                               
  The committee discussed having LAA Legal review the policies                 
  and procedures again, prior to adoption.                                     
                                                                               
       (c) STAFF REPORT:  Chairman Donahue referenced a report                 
  which summarizes the August-September operations and                         
  committee administration.                                                    
                                                                               
       (d) DISCLOSURES:  The chairman indicated that the                       
  committee has not discussed or taken action on late                          
  disclosures thus far.  The committee will need to consider                   
  policies or penalties for late filing at some point.                         
                                                                               
       (e) LAA NOTIFICATION POLICY:  The chairman referenced                   
  the memo from Tam Cook clarifying LAA's policy of notifying                  
  a legislator of inquiries received by their agency.                          
                                                                               
       (f) INDEMNIFICATION:  The chairman distributed a memo                   
  from State of Alaska Risk Management Division, clarifying                    
  the indemnification status of the committee.                                 
                                                                               
  6.   OTHER BUSINESS                                                          
                                                                               
       (a) Senator Kerttula stated a need for clarification of                 
  disclosure policies concerning travel funded or partially                    
  funded by groups like WICHE, WAMI, federal or national                       
  organizations of which the State of Alaska is a member.  The                 
  chairman appointed a subcommittee to assess the number and                   
  types of programs involved and to make recommendations to                    
  the full committee.  The committee would then distribute a                   
  memo of clarification to those affected by the disclosure                    
  requirements.                                                                
                                                                               
       Subcommittee appointed:  Chair/Senator Kerttula,                        
       Representative Porter, Margie MacNeille, Ed Granger                     
                                                                               
                                                                               
  EXECUTIVE SESSION:  COMMITTEE OF THE WHOLE                                   
                                                                               
  Shirley McCoy made the motion to move into Executive Session                 
  for the purpose of determining an advisory opinion.  The                     
  motion was adopted without objection.                                        
                                                                               
  COMMITTEE OF THE WHOLE                                                       
                                                                               
  The committee of the whole reconvened at 11:37 a.m.                          
                                                                               
       AO 93-09:  Representative Porter moved to adopt                         
  Advisory Opinion 93-09.  Adopted without objection.                          
                                                                               
       Adopted                                                                 
                                                                               
  The committee of the whole recessed at 11:40 a.m and                         
  announced the Senate Subcommittee would convene at 12:30                     
  p.m.                                                                         
                                                                               
  EXECUTIVE SESSION:  SENATE SUBCOMMITTEE                                      
                                                                               
  At 12:48 p.m. Senator Kerttula moved that the Senate                         
  Subcommittee go into executive session.  Motion adopted                      
  without objection.                                                           
                                                                               
  SENATE SUBCOMMITTEE                                                          
                                                                               
  The Senate subcommittee reconvened in open session at 3:00                   
  p.m.                                                                         
                                                                               
  Margie MacNeille moved to authorize the chairman, as the                     
  designated project director, under Section 150(b)of the                      
  Procurement Procedures to negotiate and sign on behalf of                    
  the committee an extension for Investigation One contract.                   
  The contract was increased an additional $5,000 and extended                 
  30 additional days.  Motion was adopted without objection.                   
                                                                               
       Motion adopted to extend and expand INV 1 Contract.                     
                                                                               
  Margie MacNeille moved to authorize the chairman, as the                     
  project director, under Section 150(b) of the Procurement                    
  Procedures to negotiate an extension of the Bogle and Gates                  
  contract.  The contract was increased an additional $20,000                  
  and extended 90 additional days.                                             
                                                                               
       Motion adopted to extend and expand the Bogle and Gates                 
       contract.                                                               
                                                                               
  The chairman, as the project director, noted that he                         
  intended to extend the contract for Investigation 2 for 90                   
  additional days under Section 150(b) and sign on behalf of                   
  the committee.  No additional money was needed.  There was                   
  no objection by the committee.                                               
                                                                               
       Investigation 2 contract extended.                                      
                                                                               
  The chairman announced the senate subcommittee would                         
  reconvene in executive session after a recess.                               
                                                                               
  EXECUTIVE SESSION:  SENATE SUBCOMMITTEE                                      
                                                                               
  At 3:30 p.m. the motion was made by Margie MacNeille that                    
  the Senate Subcommittee reconvene in executive session to                    
  consider complaints.  The motion was adopted without                         
  objection.                                                                   
                                                                               
  At 6:23 p.m. the Senate Subcommittee reconvened in open                      
  session.  The motion was made by Margie MacNeille to move                    
  into a full committee meeting for the purposes of                            
  adjournment.  The motion was adopted without objection.                      
                                                                               
  COMMITTEE OF THE WHOLE                                                       
                                                                               
  At 6:25 p.m. the chairman announced that without a quorum of                 
  the full committee, no business could be conducted and                       
  therefore, the committee was adjourned.                                      

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