Legislature(2021 - 2022)BY TELECONFERENCE

04/13/2021 09:00 AM House SELECT COMMITTEE ON LEGISLATIVE ETHICS

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Audio Topic
09:02:41 AM Start
09:40:37 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Public Comment TELECONFERENCED
+ Election of Committee Chairs for 2021-2022 TELECONFERENCED
a. Article 3 Ethics Committee Election Procedure
+ Chair/Staff Report TELECONFERENCED
a. Management Log Review
b. Public Member Committee Appointment Update
- Resumes for Skip Cook & Gerald McBeath
c. Ethics Disclosures
- Total Disclosures by Type in 2020
- Yearly Comparison of Total Disclosures
2017-2020
- Total Disclosures by Type to March 31, 2021
d. Update: Collection of Unpaid Fines
e. New Internship Program: Seattle University
School of Law
f. Publications
- 2020 Public Decisions Booklet -
AS 24.60.150(a)(3)
- 2021 Standards of Conduct Handbook
Revision 2/12/2021
+ 2021 Ethics Training TELECONFERENCED
+ Budget TELECONFERENCED
a. FY21 Budget Summary
b. FY22 Budget Request Detail
+ Contract Report TELECONFERENCED
a. Outside Counsel
b. Investigator
+ Other Business TELECONFERENCED
                  ALASKA STATE LEGISLATURE                                                                                    
           SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                             
                       APRIL 13, 2021                                                                                         
                           9:00 AM                                                                                            
                                                                                                                              
              FULL COMMITTEE MEETING                                                                                          
                                                                                                                              
                                                                                                                              
9:02:41 AM                                                                                                                  
                                                                                                                              
1.   CALL THE MEETING TO ORDER                                                                                              
                                                                                                                              
Lee Holmes called the meeting to order at 9:03 a.m. on                                                                        
Tuesday, April 13, 2021.                                                                                                      
                                                                                                                              
Lee Holmes directed Jerry Anderson to conduct roll call.                                                                      
                                                                                                                              
Roll call                                                                                                                     
                                                                                                                              
Sen David Wilson (telephonic)                                                                                                 
Sen Tom Begich (telephonic)                                                                                                   
Rep Chris Tuck (Alternate for Rep Sara Hannan)(telephonic)                                                                    
Rep DeLena Johnson (telephonic)                                                                                               
Skip Cook (telephonic)                                                                                                        
Conner Thomas (telephonic)                                                                                                    
Joyce Anderson                                                                                                                
Deb Fancher (telephonic)                                                                                                      
Lee Holmes (telephonic)                                                                                                       
                                                                                                                              
Quorum present.                                                                                                               
                                                                                                                              
Others present                                                                                                                
                                                                                                                              
Jerry Anderson                                                                                                                
Jacqui Yeagle                                                                                                                 
Senator Elvi Gray-Jackson (telephonic)                                                                                        
                                                                                                                              
9:05:23 AM                                                                                                                  
                                                                                                                              
2.   APPROVAL OF AGENDA                                                                                                     
                                                                                                                              
Lee Holmes stated that the meeting was expected to run                                                                        
about 45 minutes, then entertained a motion to approve the                                                                    
agenda.                                                                                                                       
                                                                                                                              
Motion made by: Senator Tom Begich                                                                                            
                                                                                                                              
There were no objections. The agenda was approved.                                                                            
                                                                                                                              
3.   APPROVAL OF MINUTES                                                                                                    
                                                                                                                              
Lee Holmes introduced the next item on the agenda: approval                                                                   
of the minutes of the September 22, 2020, committee                                                                           
meetings.                                                                                                                     
                                                                                                                              
Conner Thomas made a motion to approve the September 22,                                                                      
2020, full committee meeting minutes.                                                                                         
                                                                                                                              
There were no objections. The September 22, 2020, full                                                                        
committee meeting minutes were approved.                                                                                      
                                                                                                                              
Senator Tom Begich moved to approve the September 22, 2020,                                                                   
senate subcommittee meeting minutes.                                                                                          
                                                                                                                              
There were no objections. The September 22, 2020, senate                                                                      
subcommittee meeting minutes were approved.                                                                                   
                                                                                                                              
4.   PUBLIC COMMENT                                                                                                         
                                                                                                                              
Lee Holmes entertained public comment. There was no public                                                                    
comment.                                                                                                                      
                                                                                                                              
9:08:43 AM                                                                                                                  
                                                                                                                              
5.   ELECTION OF COMMITTEE CHAIRS FOR 2021-2022                                                                             
                                                                                                                              
Lee Holmes opened election of officers for 2021-2022.                                                                         
                                                                                                                              
Joyce Anderson reviewed for the committees benefit the                                                                        
officer positions held 2019-2020: Joyce Anderson, senate                                                                      
subcommittee chair; Deb Fancher, senate subcommittee vice                                                                     
chair; Lee Holmes, house subcommittee chair; and Conner                                                                       
Thomas, house subcommittee vice chair.                                                                                        
                                                                                                                              
Lee Holmes opened nominations for senate subcommittee                                                                         
chair.                                                                                                                        
                                                                                                                              
Conner Thomas confirmed his understanding that the chair of                                                                   
the senate subcommittee will also be the chair of the full                                                                    
committee for the remainder of 2021.                                                                                          
                                                                                                                              
Conner Thomas asked Deb Fancher if she would agree to the                                                                     
position.                                                                                                                     
                                                                                                                              
Deb Fancher replied that she was agreeable to assuming the                                                                    
chair position if no one else wanted the position.                                                                            
                                                                                                                              
Conner Thomas nominated Deb Fancher chair of the senate                                                                       
subcommittee.                                                                                                                 
                                                                                                                              
Lee Holmes asked Jerry Anderson if the nomination required                                                                    
a second.                                                                                                                     
                                                                                                                              
Jerry Anderson responded that traditionally  seconds have                                                                     
not been required for officer nominations  and further, if                                                                    
there were only one nomination per  position, the committee                                                                   
voted for the slate of officers,  rather than conducting an                                                                   
individual vote for each office.                                                                                              
                                                                                                                              
Lee Holmes thanked Jerry Anderson for his reply, then                                                                         
entertained other nominations for the senate subcommittee                                                                     
chair position.                                                                                                               
                                                                                                                              
Hearing no other nominations, Lee Holmes entertained                                                                          
interest in the senate subcommittee vice chair position.                                                                      
                                                                                                                              
Joyce Anderson declared her interest in the senate                                                                            
subcommittee vice chair position and asked if a committee                                                                     
member would agree to nominate her.                                                                                           
                                                                                                                              
Conner Thomas nominated Joyce Anderson for the senate                                                                         
subcommittee vice chair position.                                                                                             
                                                                                                                              
Lee Holmes entertained other nominations, heard none, and                                                                     
moved to the house subcommittee chair position. He advised                                                                    
the committee that the current vice chair was Conner                                                                          
Thomas, and then he asked if Conner Thomas was interested                                                                     
in the chair position.                                                                                                        
                                                                                                                              
Conner Thomas replied that he would be happy to do so.                                                                        
                                                                                                                              
Deb Fancher nominated Conner Thomas for the house                                                                             
subcommittee chair position.                                                                                                  
                                                                                                                              
Lee Holmes asked if there were other nominations for the                                                                      
house subcommittee chair position. Hearing no other                                                                           
nominations, Lee Holmes entertained interest in the house                                                                     
subcommittee vice chair position.                                                                                             
                                                                                                                              
Conner Thomas nominated Skip Cook for the position of house                                                                   
subcommittee vice chair.                                                                                                      
                                                                                                                              
Lee Holmes inquired whether Skip Cook had an objection to                                                                     
the nomination. Hearing no objection from Skip Cook, Lee                                                                      
Holmes entertained other nominations for the position.                                                                        
                                                                                                                              
Hearing no other nominations, Lee Holmes entertained a                                                                        
motion to cease all nominations.                                                                                              
                                                                                                                              
Conner Thomas so moved.                                                                                                       
                                                                                                                              
Lee Holmes stated that given there was only one nomination                                                                    
per officer position, the committee would vote for the                                                                        
slate of officers as presented: Deb Fancher, senate                                                                           
subcommittee chair; Joyce Anderson, senate subcommittee                                                                       
vice chair; Conner Thomas, house subcommittee chair; and                                                                      
Skip Cook, house subcommittee vice chair.                                                                                     
                                                                                                                              
Lee Holmes asked Jerry Anderson to conduct a roll call                                                                        
vote.                                                                                                                         
                                                                                                                              
Roll call vote                                                                                                                
                                                                                                                              
Senator David Wilson                Y                                                                                         
Representative Chris Tuck           Y                                                                                         
Skip Cook                           Y                                                                                         
Conner Thomas                       Y                                                                                         
Representative DeLena Johnson       Y                                                                                         
Joyce Anderson                      Y                                                                                         
Deb Fancher                         Y                                                                                         
Lee Holmes                          Y                                                                                         
Senator Tom Begich                  Y                                                                                         
                                                                                                                              
The slate of officers was approved.                                                                                           
                                                                                                                              
9:16:39 AM                                                                                                                  
                                                                                                                              
Lee Holmes asked new Committee Chair Deb Fancher if she                                                                       
wanted him to continue chairing the meeting and to take on                                                                    
the post meeting responsibilities. Deb Fancher replied                                                                        
affirmatively and thanked Lee Holmes.                                                                                         
6.   CHAIR/STAFF REPORT                                                                                                     
                                                                                                                              
   a. Management Log Review                                                                                                 
                                                                                                                              
Lee Holmes directed the committee  to the management log                                                                      
review.                                                                                                                       
                                                                                                                              
Jerry Anderson asked the committee  members to review the                                                                     
informal advice per AS 24.60.158 and to ask follow-up                                                                         
questions.                                                                                                                    
                                                                                                                              
Lee Holmes asked if committee members  had questions for                                                                      
Jerry Anderson.                                                                                                               
                                                                                                                              
Senator Tom Begich asked Jerry Anderson if there was a                                                                        
particularly unique or substantive  question to which he                                                                      
would like to call the committees attention.                                                                                  
                                                                                                                              
Jerry Anderson responded that unique in the last year were                                                                    
the many election-related questions, especially those                                                                         
questions about putting absentee  ballot information and                                                                      
applications into newsletters, which is generally allowed.                                                                    
                                                                                                                              
Another unique question concerned whether a board                                                                             
membership disclosure was required for a world-wide                                                                           
organization that lacked a physical  meeting location or                                                                      
address. Jerry Anderson said that  a disclosure would be                                                                      
required and submitted that it was a demonstration of how                                                                     
far reaching is the boards and commissions disclosure                                                                         
requirement.                                                                                                                  
                                                                                                                              
Senator Tom Begich thanked Jerry Anderson for his response.                                                                   
                                                                                                                              
Lee Holmes asked if there were other questions. Hearing no                                                                    
other questions, he moved to the next agenda item.                                                                            
                                                                                                                              
   b. Public Member Committee Appointment Update                                                                            
                                                                                                                              
Lee Holmes directed the committees attention to the                                                                           
resumes of Public Member Skip Cook  and Public Alternate                                                                      
Member Gerald McBeath.                                                                                                        
                                                                                                                              
Conner Thomas asked if the public members had been ratified                                                                   
by the legislature.                                                                                                           
                                                                                                                              
Jerry Anderson replied that they had been ratified by both                                                                    
bodies.                                                                                                                       
                                                                                                                              
                                                                                                                              
Lee Holmes asked for committee comments or questions.                                                                         
Hearing none, he moved to the next agenda item.                                                                               
                                                                                                                              
   c. Ethics Disclosures                                                                                                    
                                                                                                                              
Lee Holmes directed the committees   attention to the three                                                                   
documents related to ethics disclosures  and commented that                                                                   
it was interesting to see how the  numbers change over the                                                                    
years. Lee Holmes asked if there  were questions about the                                                                    
information.                                                                                                                  
                                                                                                                              
Jerry Anderson pointed out that in 2020 there was a                                                                           
decrease in the number of gift/travel disclosures, likely                                                                     
due to COVID, and that the drop in the total number of                                                                        
disclosures submitted in 2020 was due almost entirely to                                                                      
that one category.                                                                                                            
                                                                                                                              
Jerry Anderson added for the benefit of the members that                                                                      
the three documents consisted of 1) the total number of                                                                       
disclosures submitted in 2020; 2)  a year-to-year comparison                                                                  
of disclosure totals submitted 2017-2020;  and 3) the total                                                                   
number of disclosures of each type submitted to date in                                                                       
2021.                                                                                                                         
                                                                                                                              
Lee Holmes thanked Jerry Anderson  and asked Joyce Anderson                                                                   
if she had a question.                                                                                                        
                                                                                                                              
Joyce Anderson replied that she wondered why there were                                                                       
significantly fewer contracts, leases, and grants                                                                             
disclosures submitted to date in 2021 than there were in                                                                      
2020. She noted that in 2020, 19 senators, one house                                                                          
member, and three staffers had submitted disclosures, and                                                                     
in 2021 that number was dramatically reduced. She asked                                                                       
Jerry Anderson if he had any comment.                                                                                         
                                                                                                                              
Jerry Anderson said he had not looked  at that specifically                                                                   
but proposed emailing an answer  back to committee members.                                                                   
                                                                                                                              
Joyce Anderson expressed concern that there may be some                                                                       
legislators who should have filed  but did not. She thanked                                                                   
the chair for the opportunity to ask her question.                                                                            
                                                                                                                              
Lee Holmes thanked Joyce Anderson and entertained other                                                                       
follow-up questions about the ethics  disclosures documents.                                                                  
There were no other questions and he moved to the next                                                                        
item.                                                                                                                         
                                                                                                                              
   d. Update: Collection of Unpaid Fines                                                                                    
                                                                                                                              
Lee Holmes asked Jerry Anderson  if there were any unpaid fines.                                                              
                                                                                                                              
Jerry Anderson replied that former Representative Alan Dicks                                                                  
unpaid balance from a long ago, large fine stands at $3,695.                                                                  
He added that a new, recent fine  of $25, assessed on April 8, is                                                             
outstanding but filers have a 30-day  payment window so it is not                                                             
considered late.                                                                                                              
                                                                                                                              
Lee Holmes asked about the procedure  for handling large fines.                                                               
                                                                                                                              
Jerry Anderson replied that the  ethics office had been receiving                                                             
from former Representative Alan Dick almost monthly payments                                                                  
averaging about $100 a month. He  added that Representative Alan                                                              
Dick is making good faith efforts toward paying the fine.                                                                     
                                                                                                                              
Senator Tom Begich asked Jerry Anderson  to repeat the remaining                                                              
amount of the fine.                                                                                                           
                                                                                                                              
Jerry Anderson replied that $3,695 remains on the fine.                                                                       
                                                                                                                              
Senator Tom Begich thanked Jerry Anderson for the information.                                                                
                                                                                                                              
Lee Holmes entertained other questions about unpaid fines.                                                                    
Hearing none, he moved to the next agenda item.                                                                               
                                                                                                                              
  e. New internship program: Seattle University School of Law                                                               
                                                                                                                              
Lee Holmes introduced the new externship program with Seattle                                                                 
University School of Law and he  asked Jerry Anderson if he had a                                                             
comment about the externship.                                                                                                 
                                                                                                                              
Jerry Anderson replied that the ethics office maintains a list                                                                
of approved universities and organizations  that have internship                                                              
programs. The Seattle University School of Law program was                                                                    
reviewed and approved by the administrator and the committee                                                                  
chair. Procedurally, then, the program  information moves to the                                                              
full committee for further review and approval. Jerry Anderson                                                                
noted that in this case, the program  is called an externship as                                                              
opposed to an internship.                                                                                                     
                                                                                                                              
Lee Holmes asked if committee members  had comments or questions                                                              
about the program.                                                                                                            
                                                                                                                              
Joyce Anderson commented that the committee requires a final                                                                  
report from the individual who fills  the position but she did                                                                
not see mention of the final report  in the material submitted.                                                               
She referred the question to Jerry Anderson.                                                                                  
                                                                                                                              
Jerry Anderson concurred that a final report was required and                                                                 
expected and noted that the committee did not receive the full                                                                
packet of 16-20 pages of material about the externship.                                                                       
                                                                                                                              
Lee Holmes commented that on the second page of the profile                                                                   
there is a statement that the agency must provide an evaluation                                                               
upon completion. He stated that the evaluation would include the                                                              
final report requirement.                                                                                                     
                                                                                                                              
Joyce Anderson thanked the chair for directing her attention to                                                               
the section.                                                                                                                  
                                                                                                                              
Lee Holmes asked for other questions of the committee. Hearing                                                                
none, he moved to the next agenda item.                                                                                       
                                                                                                                              
   f. Publications                                                                                                          
                                                                                                                              
Lee Holmes introduced the 2020 Public Decisions Booklet and                                                                   
asked if Jerry Anderson had comments to share with the                                                                        
committee.                                                                                                                    
                                                                                                                              
Jerry Anderson said it was a very thin booklet because there was                                                              
only one public decision published in 2020.                                                                                   
                                                                                                                              
Lee Holmes entertained questions or comments from the committee.                                                              
Hearing none, he moved to the next publication.                                                                               
                                                                                                                              
Lee Holmes asked Jerry Anderson if he had comments for the                                                                    
committee about the 2021 Standards of Conduct Handbook and the                                                                
revision.                                                                                                                     
                                                                                                                              
Jerry Anderson responded that the only revision was the addition                                                              
of the Seattle University School of Law externship program.                                                                   
                                                                                                                              
Lee Holmes thanked Jerry Anderson and asked if committee members                                                              
had questions about the handbook. Hearing none, he moved to the                                                               
next agenda item.                                                                                                             
7.   2021 ETHICS TRAINING                                                                                                   
                                                                                                                              
Lee Holmes asked Jerry Anderson to provide the committee                                                                      
with an overview of the 2021 ethics training.                                                                                 
                                                                                                                              
Jerry Anderson said that training consisted of two segments                                                                   
delivered by National Conference of State Legislatures                                                                        
staff (NCSL) and one segment by the ethics office. NCSL                                                                       
sessions, which were delivered via Zoom during the training                                                                   
period, reached 472 people.                                                                                                   
                                                                                                                              
Recorded versions of all of the ethics training are                                                                           
available online to meet the training requirement for new                                                                     
employees and staff. As of April 12, a total of 541 persons                                                                   
had been trained. Two new staff had yet to be trained.                                                                        
                                                                                                                              
Lee Holmes asked if the committee had questions for Jerry                                                                     
Anderson.                                                                                                                     
                                                                                                                              
There were no questions. Lee Holmes moved to the next                                                                         
agenda item.                                                                                                                  
                                                                                                                              
9:34:46 AM                                                                                                                  
                                                                                                                              
8.   BUDGET                                                                                                                 
                                                                                                                              
Lee Holmes directed the committee's attention to the FY21                                                                     
Budget Summary and the FY22 Budget Request Detail. He asked                                                                   
Jerry Anderson if there was anything  of particular note in                                                                   
the documents.                                                                                                                
                                                                                                                              
Jerry Anderson commented that the budget summary shows                                                                        
that, due to current circumstances, spending for this year                                                                    
is significantly lower. Meetings have been telephonic and                                                                     
no travel funds, investigator funds, or outside attorney                                                                      
funds have been expended.                                                                                                     
                                                                                                                              
Jerry Anderson added that HB 69 shows the proposed funding                                                                    
for FY22 is flat.                                                                                                             
                                                                                                                              
Lee Holmes asked if committee members had questions about                                                                     
either the current budget or the proposed budget. There                                                                       
were no questions. He thanked Jerry Anderson and moved to                                                                     
the next agenda item.                                                                                                         
9.   CONTRACT REPORT                                                                                                        
                                                                                                                              
Lee Holmes reported that in FY21 there had been no outside                                                                    
counsel or investigator contracts and therefore, no                                                                           
expenditures. He asked Jerry Anderson if he had comments to add.                                                              
                                                                                                                              
Jerry Anderson replied that no ethics complaints had required                                                                 
the services of either outside counsel or an investigator.                                                                    
                                                                                                                              
Lee Holmes entertained questions or concerns about the contract                                                               
report. Hearing no comments, he asked Jerry Anderson to present                                                               
a legislation update.                                                                                                         
                                                                                                                              
Jerry Anderson responded that there were a number of bills                                                                    
listed under the ethics subject summary. House Judiciary                                                                      
recently amended HB 62 to allow legislators to accept                                                                         
travel and hospitality primarily for the purpose of                                                                           
solemnizing a marriage under AS 25.05.261(a)(4), which                                                                        
would also change the conflict of interest statute AS                                                                         
24.60.030(a). He added that an example from the hearing was                                                                   
that a legislator could accept a helicopter ride to                                                                           
solemnize a marriage at a wedding held on a glacier.                                                                          
                                                                                                                              
Lee Holmes asked for comments or questions from the                                                                           
committee about the proposed legislation. Hearing none, Lee                                                                   
Holmes moved to the next agenda item.                                                                                         
                                                                                                                              
10. OTHER BUSINESS                                                                                                          
                                                                                                                              
Lee Holmes entertained discussion of other business. There                                                                    
was no other business and Lee Holmes entertained a motion                                                                     
to adjourn.                                                                                                                   
                                                                                                                              
11. ADJOURN                                                                                                                 
                                                                                                                              
Motion made by: Senator Tom Begich                                                                                            
                                                                                                                              
No objections.                                                                                                                
                                                                                                                              
The meeting was adjourned at 9:40 a.m.                                                                                        
                                                                                                                              
9:40:37 AM                                                                                                                  
                                                                                                                              
                                                                                                                              
                                                                                                                              
                                                                                                                              
                                                                                                                              

Document Name Date/Time Subjects
20210413 Full committee packet - BASIS.pdf JETH 4/13/2021 9:00:00 AM