Legislature(2019 - 2020)CAPITOL 106

01/31/2019 08:30 AM SELECT COMMITTEE ON LEGISLATIVE ETHICS

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Audio Topic
08:31:47 AM Start
11:19:49 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Public Comment TELECONFERENCED
Election of Committee Chairs for 2019-2020
Advisory Opinion 19-01
a. HB 44 Excerpt
b. Advisory Opinion 19-01
Chair/Staff Report
a. Credit Card Approval for Administrative
Assistant & Increase Credit Limit for
Administrator
b. Receiving Tickets for Unsanctioned Charitable
Events
c. Management Log Review
d. Public Member Committee Appointment Update
e. Ethics Disclosures
f. COGEL Conference Report
g. Update: Collection of Unpaid Fines
h. Publications
i. Advisory Opinions & Public Decisions
- AS 24.60.150(a)(3)
ii. 2019 Standards of Conduct Handbook
2019 Ethics Training
a. 2019 Training Update
b. Gift Rules
Budget
a. FY19 Budget Summary
b. FY20 Budget Request Detail
Contract Report
a. Outside Counsel
b. Investigator
2019 Legislation Update
Other Business
                 ALASKA STATE LEGISLATURE                                                                                     
          SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                              
                     JANUARY 31, 2019                                                                                           
                          8:30 AM                                                                                               
                                                                                                                                
                      FULL COMMITTEE                                                                                          
                                                                                                                                
8:31:47 AM                                                                                                                  
                                                                                                                              
1. CALL THE MEETING TO ORDER                                                                                                
                                                                                                                                
Chair Dennis "Skip" Cook called the meeting to order at                                                                         
8:00 a.m.                                                                                                                       
                                                                                                                                
At Chair Cook's direction, Jerry Anderson called roll.                                                                          
                                                                                                                                
Roll Call                                                                                                                       
                                                                                                                                
Senator John Coghill                                                                                                            
Senator Tom Begich                                                                                                              
Senator Elvi Gray-Jackson (alternate for Senator Tom                                                                            
Begich)                                                                                                                         
Senator David Wilson (alternate for Senator John Coghill)                                                                       
Dennis "Skip" Cook                                                                                                              
Conner Thomas                                                                                                                   
Joyce Anderson                                                                                                                  
Deb Fancher                                                                                                                     
Lee Holmes                                                                                                                      
                                                                                                                                
Others                                                                                                                          
                                                                                                                                
Jerry Anderson                                                                                                                  
Jacqueline Yeagle                                                                                                               
Dan Wayne                                                                                                                       
                                                                                                                              
                                                                                                                              
2. WELCOME NEW LEGISLATORS                                                                                                  
                                                                                                                              
Chair Cook welcomed Senator Tom Begich and alternates                                                                           
Senator Elvi Gray-Jackson and Senator David Wilson to the                                                                       
Ethics Committee.                                                                                                               
                                                                                                                              
                                                                                                                              
3. APPROVAL OF AGENDA                                                                                                       
                                                                                                                              
Chair Cook entertained a motion to approve the agenda.                                                                          
                                                                                                                                
Conner Thomas moved to approve the agenda.                                                                                      
                                                                                                                                
No objection. The agenda was approved.                                                                                        
                                                                                                                              
                                                                                                                              
4. APPROVAL OF MINUTES                                                                                                      
                                                                                                                              
Chair  Cook  entertained  a  motion  to  approve  the  draft                                                                    
minutes of the November 1, 2018 Full Committee meeting.                                                                         
                                                                                                                              
Lee Holmes moved to approve  the draft November 1, 2018 Full                                                                    
Committee minutes.                                                                                                              
                                                                                                                              
No  objection. The  draft November  1,  2018 Full  Committee                                                                    
minutes were approved.                                                                                                          
                                                                                                                              
Chair  Cook  entertained  a  motion  to  approve  the  draft                                                                    
minutes of the November 1, 2018 House Subcommittee meeting.                                                                     
                                                                                                                              
Conner Thomas  moved to approve  the draft November  1, 2018                                                                  
House Subcommittee minutes.                                                                                                     
                                                                                                                                
No objection. The draft November  1, 2018 House Subcommittee                                                                    
minutes were approved.                                                                                                          
                                                                                                                                
Chair  Cook  entertained  a  motion  to  approve  the  draft                                                                    
minutes  of   the  November  1,  2018   Senate  Subcommittee                                                                    
meeting.                                                                                                                        
                                                                                                                              
Lee  Holmes moved  to  approve the  draft  November 1,  2018                                                                  
Senate Subcommittee minutes.                                                                                                    
                                                                                                                                
No   objection.   The   draft  November   1,   2018   Senate                                                                    
Subcommittee minutes were approved.                                                                                             
                                                                                                                              
                                                                                                                              
5. PUBLIC COMMENT                                                                                                           
                                                                                                                              
No public comment.                                                                                                              
                                                                                                                              
                                                                                                                              
6. ELECTION OF COMMITTEE CHAIRS FOR 2019-2020                                                                               
                                                                                                                              
Chair  Cook  invited nominations  for  chair  of the  Senate                                                                    
Subcommittee, explaining that  the Senate Subcommittee chair                                                                    
would also be the chair of the Ethics Committee.                                                                                
                                                                                                                                
Conner  Thomas moved  that Joyce  Anderson chair  the Senate                                                                    
Subcommittee.                                                                                                                   
                                                                                                                                
Chair Cook invited additional nominations.                                                                                      
                                                                                                                                
There  were  no  additional  nominations.  At  Chair  Cook's                                                                    
direction,  Jerry Anderson  conducted a  roll call  vote for                                                                    
Senate Subcommittee Chair.                                                                                                      
                                                                                                                                
Roll Call                                                                                                                       
                                                                                                                                
Senator John Coghill     Y                                                                                                      
Senator Tom Begich       Y                                                                                                      
Dennis "Skip" Cook       Y                                                                                                      
Conner Thomas            Y                                                                                                      
Joyce Anderson           Y                                                                                                      
Deb Fancher              Y                                                                                                      
Lee Holmes               Y                                                                                                      
                                                                                                                                
The  committee elected  Joyce Anderson  chair of  the Senate                                                                    
Subcommittee by 7-0.                                                                                                            
                                                                                                                                
Chair  Cook explained  there  would be  no  action on  House                                                                    
Subcommittee chair because the House is not yet organized.                                                                      
                                                                                                                                
Chair Cook invited nominations for  vice chair of the Senate                                                                    
Subcommittee.                                                                                                                   
                                                                                                                                
Conner  Thomas  moved Deb  Fancher  for  vice chair  of  the                                                                    
Senate Subcommittee.                                                                                                            
                                                                                                                              
At Chair  Cook's direction, Jerry Anderson  conducted a roll                                                                    
call vote for Senate Subcommittee Vice Chair.                                                                                   
                                                                                                                              
Senator John Coghill     Y                                                                                                      
Senator Tom Begich       Y                                                                                                      
Dennis "Skip" Cook       Y                                                                                                      
Conner Thomas            Y                                                                                                      
Joyce Anderson           Y                                                                                                      
Deb Fancher              Y                                                                                                      
Lee Holmes               Y                                                                                                      
                                                                                                                              
The committee elected  Deb Fancher vice chair  of the Senate                                                                    
Subcommittee by 7-0.                                                                                                            
                                                                                                                                
Chair  Cook  congratulated  both   Joyce  Anderson  and  Deb                                                                    
Fancher  and  announced  he  would  continue  to  chair  the                                                                    
meeting and Joyce Anderson would chair the next.                                                                                
                                                                                                                              
                                                                                                                              
7. ADVISORY OPINION 19-01                                                                                                   
                                                                                                                              
Chair  Cook invited  Dan  Wayne to  present  an overview  of                                                                    
Advisory Opinion 19-01.                                                                                                         
                                                                                                                                
With Chair  Cook's agreement, Jerry Anderson  explained that                                                                    
the   requestors  of   the  advisory   opinion  had   waived                                                                    
confidentiality, which  allows for  the discussion  and vote                                                                    
to be held  in a public session rather than  in an executive                                                                    
session.                                                                                                                        
                                                                                                                                
Dan Wayne  stated that he  is a legislative  counsel working                                                                    
in the Legislative Legal office,  a nonpartisan legal office                                                                    
that  advises legislators  and the  legislature. Legislative                                                                    
Legal  also   participates  in  drafting   Ethics  Committee                                                                    
advisory  opinions. Wayne  explained  that he  was the  head                                                                    
drafter of  Advisory Opinion 19-01, along  with considerable                                                                    
help from colleagues.                                                                                                           
                                                                                                                                
Dan Wayne  said there were  a lot  of parts and  subparts to                                                                    
the advisory opinion request. Wayne  noted that the advisory                                                                    
opinion does  not have a  conclusion due to what  would have                                                                    
been the length of the draft opinion with the conclusion.                                                                       
                                                                                                                              
Dan Wayne explained that most  of questions asked were about                                                                    
private meetings  and committee meetings so  he started with                                                                    
the  thought   that  most  committee  meetings   are  public                                                                    
meetings.                                                                                                                       
                                                                                                                                
Dan Wayne  read the  new language  in AS  24.60.030(e)(3) on                                                                    
page 3 of the opinion.                                                                                                          
                                                                                                                                
     (3) except as provided in  (g) of this section or while                                                                    
     participating in  a public  discussion or  debate, take                                                                    
     or   withhold  official   action   or  exert   official                                                                    
     influence that could substantially  benefit or harm the                                                                    
     financial interest of a person?                                                                                            
                                                                                                                                
Dan Wayne  said that  if you read  the exception  broadly, a                                                                    
committee meeting  is public  so it  is a  public discussion                                                                    
and there  were no limitations,  but the problem is  that it                                                                    
could   swallow the  rule  that  was  made specifically  for                                                                    
committee hearings.  It did not  make sense to  interpret it                                                                    
that  way  and so,  Wayne  explained,  he interpreted  it  a                                                                    
little differently in the draft.                                                                                                
                                                                                                                                
Dan Wayne  suggested he field  questions from  the committee                                                                    
rather than going through each part separately.                                                                                 
                                                                                                                              
Chair   Cook  agreed   and  asked   committee  members   for                                                                    
questions.                                                                                                                      
                                                                                                                                
Senator Coghill  asked for repetition  of the  section about                                                                    
committee  meetings because  he  wanted to  have the  actual                                                                    
verbiage being discussed.                                                                                                       
                                                                                                                                
Dan Wayne reiterated  that in HB 44 there are  two new rules                                                                    
having to do with committees.  One is AS 24.60.030(e)(3), of                                                                    
which Wayne re-read  a part: ? except as provided  in (g) of                                                                    
this section  or while participating in  a public discussion                                                                    
or debate?.                                                                                                                     
                                                                                                                                
AS  24.60.030(e)(3) also  cross-references AS  24.60.030(g),                                                                    
which  previously made  no reference  at all  to committees.                                                                    
Legislators needed  only to declare  a conflict  when voting                                                                    
on  the floor.  HB 44  amended that  rule. Now  a legislator                                                                    
"shall declare  a conflict  of interest  before voting  on a                                                                    
question  before  a  committee   of  the  legislature."  The                                                                    
opinion  says that  nevertheless,  even though  there is  no                                                                    
requirement to  announce [a conflict  of interest]  at other                                                                    
times, we  [the committee] recommend the  legislator declare                                                                    
the conflict  of interest  even for  the limited  purpose of                                                                    
discussing the matter.                                                                                                          
                                                                                                                                
Dan  Wayne  suggested  that  the  committee  recommend  that                                                                    
legislators declare  the conflict  because the  [the purpose                                                                    
of the]  Ethics Act is  to inspire trust in  government, and                                                                    
advocating   in  a   committee  hearing   for  a   piece  of                                                                    
legislation  in  which  a  legislator   has  a  conflict  of                                                                    
interest could be negatively perceived by the public.                                                                           
                                                                                                                                
The  draft   later  refers  to   how  the  language   in  AS                                                                    
24.60.030(g) affects the  prohibition in AS 24.60.030(e)(3).                                                                    
AS 24.60.030(g) declares that legislators  have to declare a                                                                    
conflict  before voting;  it does  not say  that legislators                                                                    
with a  conflict can't vote. However,  legislators could not                                                                    
sponsor or offer amendments to that legislation                                                                                 
                                                                                                                              
Senator  Coghill asked  Dan Wayne  for  confirmation of  his                                                                    
understanding  that  in   committee  legislators  can  argue                                                                    
legislation in  which they have  a conflict but  not sponsor                                                                    
or offer  amendments to the  legislation. But on  the floor,                                                                    
legislators  have to  declare and  ask for  excusal. Senator                                                                    
Coghill also  asked if  legislators would  be able  to offer                                                                    
amendments on the floor.                                                                                                        
                                                                                                                                
Dan Wayne  responded that  AS 24.60.030(g)  says legislators                                                                    
shall  declare a  conflict and  request to  be excused  from                                                                    
voting on a  question before a house of  the legislature. It                                                                    
does not say that a legislator cannot offer amendments.                                                                         
                                                                                                                                
Sen Coghill  asked when  it comes  to exerting  influence or                                                                    
action  is a  legislator permitted  to advocate  for a  bill                                                                    
during  a  meeting  with   other  committee  members,  other                                                                    
legislators and private people.                                                                                                 
                                                                                                                                
Dan Wayne replied  that Advisory Opinion 18-05  says that if                                                                    
a  meeting is  open  to  the public  in  accordance with  AS                                                                    
24.60.037,  the  exception  in AS  24.60.030(e)(3)  applies,                                                                    
which  allows   legislators  to  participate  in   a  public                                                                    
discussion or debate  and discuss or advocate for  a bill. A                                                                    
legislator may  not participate in  a meeting that  does not                                                                    
meet the open meetings guidelines in AS 24.60.037.                                                                              
                                                                                                                                
Senator  Coghill   asked  if  he   could  go   into  another                                                                    
legislator's office  and have a  discussion about a  bill on                                                                    
which he has declared a conflict.                                                                                               
                                                                                                                                
Dan  Wayne replied  that the  draft  Advisory Opinion  says:                                                                    
Like  a caucus  meeting, a  private meeting  between two  or                                                                    
more  members  of a  legislative  committee  is not  public.                                                                    
Therefore, although  the answer to your  question may depend                                                                    
on  the applicable  facts in  each  instance, generally  the                                                                    
answer  is  no;  a  legislator  with  a  conflict  under  AS                                                                    
24.60.030(e)(3)  relating  to  a  bill may  not  discuss  or                                                                    
advocate  for the  bill during  private meetings  with other                                                                    
committee members.                                                                                                              
                                                                                                                                
Senator Coghill asked for  confirmation that the prohibition                                                                    
applies  to other  committee members  or other  legislators.                                                                    
Senator Coghill that  it could also be a  barrier to private                                                                    
meetings with  individuals involved  in activities  in which                                                                    
the legislator is also involved.                                                                                                
                                                                                                                                
Dan Wayne affirmed Senator Coghill understanding.                                                                               
                                                                                                                                
Conner  Thomas  asked  Dan  Wayne  to  synopsize  the  draft                                                                    
Advisory  Opinion for  attendees. Dan  Wayne complied  while                                                                    
also fielding questions from the committee.                                                                                     
                                                                                                                                
After  Dan Wayne  read the  first  question, Joyce  Anderson                                                                    
asked  for   confirmation  of   her  understanding   that  a                                                                    
legislator is  required to declare a  conflict before voting                                                                    
but not necessarily before that  point. Joyce Anderson added                                                                    
that  in  another  paragraph,  the  draft  Advisory  Opinion                                                                    
recommends declaring  earlier than that even  though statute                                                                    
requires declaring a conflict before voting.                                                                                    
                                                                                                                                
Dan Wayne  confirmed Joyce Anderson's understanding  of that                                                                    
point.                                                                                                                          
                                                                                                                                
Dan  Wayne  read question  two:  During  a public  committee                                                                    
meeting, can  a legislator (with a  conflict) participate in                                                                    
discussion,  debate the  bill,  advocate for  the bill,  and                                                                    
testify on the  bill. Wayne then read from  the answer: Yes,                                                                    
as  explained  in  our  response to  question  1  above,  AS                                                                    
24.60.030(e)(3)  allows  a  legislator to  discuss,  debate,                                                                    
advocate, or testify on a  matter where the legislator has a                                                                    
conflict  if  part of  "a  public  discussion,, or  debate."                                                                    
Wayne added this was also  addressed in Advisory Opinion 18-                                                                    
05.                                                                                                                             
                                                                                                                                
Dan  Wayne read  question three:  Can a  legislator (with  a                                                                    
conflict) discuss  or advocate  for the bill  during private                                                                    
meetings  with  other  committee members.  Wayne  said  that                                                                    
because  it  is  similar  to  a  caucus  meeting,  which  is                                                                    
private,  the answer  is  no,  and the  answer  is  no in  a                                                                    
private meeting between two or more legislators.                                                                                
                                                                                                                                
Senator  Begich  proposed   a  hypothetical  scenario:  What                                                                    
should  legislators do  when a  topic arises  in which  they                                                                    
have a conflict? Leave the room?                                                                                                
                                                                                                                                
Dan  Wayne  replied   he  did  not  think   the  rule  would                                                                    
necessarily be interpreted that way.                                                                                            
                                                                                                                                
Chair Cook  suggested that  in that  situation at  a minimum                                                                    
the legislator should declare the conflict.                                                                                     
                                                                                                                                
Dan Wayne agreed that is probably  a good place to start and                                                                    
whether  the  legislator  leaves  the room  depends  on  the                                                                    
circumstances.                                                                                                                  
                                                                                                                                
Senator  Begich stated  that each  of the  legislators is  a                                                                    
content specialist in some area  and he asked if legislators                                                                    
would be able to  offer content specific information without                                                                    
advocating or opposing the legislation.                                                                                         
                                                                                                                                
Dan Wayne  said in  a private meeting,  the answer  would be                                                                    
no.                                                                                                                             
                                                                                                                                
Senator Begich  asked for confirmation of  his understanding                                                                    
that this  prohibition disallows  those legislators  who are                                                                    
citizen   legislators    from   discussing    with   private                                                                    
individuals  items  related  to  their job  outside  of  the                                                                    
legislature that  could come before  the legislature  or are                                                                    
already in legislation.                                                                                                         
                                                                                                                                
Dan Wayne  replied that  he was  hearing two  questions. The                                                                    
rule does not prohibit a  legislator from discussing an item                                                                    
that might come before the  legislature. It applies to items                                                                    
that are before the legislature.                                                                                                
                                                                                                                                
Senator   Begich   further   explored   whether   in   their                                                                    
occupational  capacity outside  of  session legislators  can                                                                    
have private discussions about legislative matters.                                                                             
                                                                                                                                
Dan  Wayne repeated  his understanding  that Senator  Begich                                                                    
was  referring  to  pending legislation  where  there  is  a                                                                    
conflict  of  interest.  Dan  Wayne   read  sections  of  AS                                                                    
24.60.030(e)(3):                                                                                                                
                                                                                                                                
(e)  A  legislator  may  not  directly,  or  by  authorizing                                                                    
another to act on the legislator's behalf,                                                                                      
     (3) except as provided in  (g) of this section or while                                                                    
     participating in  a public  discussion or  debate, take                                                                    
     or   withhold  official   action   or  exert   official                                                                    
     influence?                                                                                                                 
                                                                                                                                
Dan Wayne explained that a  legislator would not necessarily                                                                    
be  exerting official  action or  influence in  the scenario                                                                    
described.                                                                                                                      
                                                                                                                                
     ?that could substantially benefit or harm the                                                                              
     financial interest of a person                                                                                             
          (A) who is a member of the legislator's immediate                                                                     
          family;                                                                                                               
          (B) by whom the legislator or a member of the                                                                         
          legislator's   immediate   family   is   employed;                                                                    
          (C) with whom the legislator is negotiating for                                                                       
          employment;                                                                                                           
          (D) from  whom the legislator  or a member  of the                                                                    
          legislator's   immediate   family  has,   in   the                                                                    
          immediately  preceding  12-month period,  received                                                                    
          more than $10,000 of income.                                                                                          
                                                                                                                                
Dan  Wayne suggested  that Senator  Begich was  referring to                                                                    
(D)  in his  hypothetical  question. Wayne  said  that if  a                                                                    
legislator  is in  the room  with someone  from whom  pay is                                                                    
received  and that  person  asks  about pending  legislation                                                                    
where  the legislator  has  a conflict  of  interest or  the                                                                    
person   asking   would    substantially   benefit   or   be                                                                    
substantially  harmed, legislators  should  make a  decision                                                                    
about  whether they  should be  having the  conversation. If                                                                    
the legislator's actions are perceived  as official, then it                                                                    
might be a problem but it is situation-specific.                                                                                
                                                                                                                                
Senator Coghill spoke  about what a conflict  of interest is                                                                    
and  noted that  he  appreciates the  narrow category  about                                                                    
which Dan  Wayne was speaking  but AS  24.60.030(g) broadens                                                                    
the category  again because now  it refers to  any financial                                                                    
interest in  a: business, investment, real  property, lease,                                                                    
or other enterprise if the  interest is substantial. Senator                                                                    
Coghill   added   that    AS   24.60.030(g)   then   defines                                                                    
"substantial  interest"    greater  than the  effect on  the                                                                    
general  public    which  is very  broad  and which  becomes                                                                    
difficult for a legislator to narrow down.                                                                                      
                                                                                                                                
Dan  Wayne agreed  that AS  24.60.030(g) is  broader in  one                                                                    
sense in  that it refers to  the effect "if the  interest is                                                                    
substantial and  the effect on  that interest of  the action                                                                    
to be  voted on is  greater than  the effect on  the general                                                                    
public  of  the state.  Wayne  added  that the  phrase  "the                                                                    
effect on the general public of  the state" is a big change.                                                                    
It used  to say, "substantial  class of persons."  Under the                                                                    
old  rule, if  a  legislator  was a  dentist  and there  was                                                                    
dental  legislation and  all dentists  would benefit  in the                                                                    
same way, the legislator would  have been okay because he or                                                                    
she was only  a small part of the dental  profession. Now, a                                                                    
legislator is  just a small  part of the general  public and                                                                    
if  there  is  dental  legislation, a  legislator  needs  to                                                                    
maintain a greater distance from the legislation.                                                                               
                                                                                                                                
Dan Wayne  continued by saying  the changes from  "equity or                                                                    
ownership  interest" to  "financial interest"  may not  be a                                                                    
big change,  depending on how  it is  interpreted. Financial                                                                    
interest is now defined in  AS 24.60.990 as  ownership of an                                                                    
interest  or  an  involvement in  a  business,  including  a                                                                    
property   ownership,   or   a   professional   or   private                                                                    
relationship, that is a source  of income, or from which, or                                                                    
as a  result of which, a  person has received or  expects to                                                                    
receive a financial benefit.                                                                                                    
                                                                                                                                
Dan Wayne repeated that the  rule only requires a legislator                                                                    
to declare  a conflict  and to ask  to abstain  from voting.                                                                    
Other than  that, a legislator can  still advocate, discuss,                                                                    
vote if required or allowed to by the body.                                                                                     
                                                                                                                                
Chair Cook  noted it seems the  statute is broad in  that it                                                                    
refers   to   the  development,   drafting,   consideration,                                                                    
sponsorship,  enactment,  defeat,  and  so  on  as  well  as                                                                    
legislation  that has  already been  introduced rather  than                                                                    
coming into effect only after there is a bill.                                                                                  
                                                                                                                                
Dan Wayne agreed with Chair  Cook and explained that earlier                                                                    
he  had been  referring to  hypothetical legislation.  Wayne                                                                    
made   a   distinction   between   discussing   hypothetical                                                                    
legislation and requesting a draft  of a bill that would use                                                                    
legislative  resources that  would substantially  benefit or                                                                    
harm someone.  If a legislator  looks at requesting  a draft                                                                    
of  a  bill that  would  substantially  benefit his  or  her                                                                    
family  but   believes  it  is   good  for  the   state,  AS                                                                    
24.60.030(g) might put a damper on that action.                                                                                 
                                                                                                                                
Senator John Coghill  addressed his concern that  a bill can                                                                    
also cause  economic harm to  a legislator.  Senator Coghill                                                                    
advised  that   harm  needs  to  be  quantified as  well  as                                                                    
 benefit.  Both are broad terms.  Senator John Coghill asked                                                                    
Dan Wayne if  generally the statute would be  looked at from                                                                    
the lens of financial benefit rather than financial harm.                                                                       
Dan Wayne  read the section  of statute that says,   take or                                                                    
withhold official  action or  exert official  influence that                                                                    
could   substantially   benefit   or  harm   the   financial                                                                    
interestDan      Wayne  noted  that is  one  thing about  AS                                                                    
24.60.030(e)(3)  that makes  it  difficult    every word  or                                                                    
couple of  words is  another a filter  that must  be applied                                                                    
and key terms like "substantially  benefit or harm" now have                                                                    
definitions.                                                                                                                    
                                                                                                                                
Senator  John Coghill  asked if  a piece  of legislation  is                                                                    
going to  bankrupt him would  he be prohibited  from talking                                                                    
about it.                                                                                                                       
Chair  Cook addressed  Senator  John  Coghill's question  by                                                                    
saying that the  question posed is an issue  included in the                                                                    
next draft advisory opinion.                                                                                                    
                                                                                                                                
Dan Wayne said  he did not know if  confidentiality had been                                                                    
waived with regard to that advisory opinion request.                                                                            
                                                                                                                                
Jerry Anderson replied that  confidentiality had been waived                                                                    
but the opinion is not yet available.                                                                                           
                                                                                                                                
Senator Coghill  said that is  another chilling  effect that                                                                    
legislators  will  have  to  consider  in  this  legislative                                                                    
session.                                                                                                                        
                                                                                                                                
Dan Wayne asked  if it would be okay to  move on to question                                                                    
four. Chair Cook agreed.                                                                                                        
                                                                                                                                
Dan Wayne read:  Can a legislator (with  a conflict) discuss                                                                    
or advocate  for a bill  during private meetings  with other                                                                    
legislators  (that  are  not on  the  committee),  including                                                                    
legislators in the other body?  Wayne said that in the draft                                                                    
the answer is no. The  exceptions for voting in committee or                                                                    
in public  discussion or debate  do not apply because  it is                                                                    
private,  not  public. Wayne  then  read  a section  of  the                                                                    
answer  that says:  Therefore,  based on  AO  18-05 and  the                                                                    
facts you have provided, a  legislator with a conflict under                                                                    
AS 24.60.030(e)(3)  relating to  a bill  may not  discuss or                                                                    
advocate for the  bill during a private meeting  with one or                                                                    
more  legislators that  are not  on the  committee, even  if                                                                    
they are in the other house of the legislature.                                                                                 
                                                                                                                                
Dan  Wayne reminded  the committee  that when  the committee                                                                    
answers  advisory  opinion  questions,   it  is  limited  to                                                                    
answering questions  based on  the Ethics  Act and  based on                                                                    
the facts presented.  In the AO 19-01 request, not  a lot of                                                                    
facts were  provided with each  question. At the end  of the                                                                    
draft it  says: In  determining whether future  conduct like                                                                    
that described  in the hypothetical facts  violates the Act,                                                                    
the  committee will  consider the  applicable facts  in each                                                                    
instance. An  appearance of ethical  impropriety would  be a                                                                    
factor  the  committee would  consider.  He  added that  the                                                                    
statement applies to all of the answers.                                                                                        
                                                                                                                                
Dan Wayne moved on to  question five: Can a legislator (with                                                                    
a conflict) discuss or advocate  for the bill during private                                                                    
meetings with  constituents, or, generally,  other citizens?                                                                    
The answer  is no because  it is  a private meeting  about a                                                                    
bill  in  which  a  legislator   has  a  conflict  under  AS                                                                    
24.60.030(e)(3).                                                                                                                
                                                                                                                                
Dan Wayne  then moved on  to question six: Can  a legislator                                                                    
(with a  conflict), during the public  committee meeting (a)                                                                    
offer  amendments to  the bill?  Wayne read  from the  draft                                                                    
advisory  opinion: No.  While the  offer might  occur during                                                                    
public discussion  and debate,  it is  nevertheless official                                                                    
action    or   official    influence   prohibited    by   AS                                                                    
24.60.030(e)(3). As noted above  in our response to question                                                                    
2,  and   in  AS  18-05,  a   legislator's  introduction  or                                                                    
sponsorship of  legislation is always  discretionary because                                                                    
the Uniform  Rules never require  a legislator  to introduce                                                                    
or sponsor legislation, and choosing to  do so in spite of a                                                                    
conflict of interest  would be contrary to goals  of the Act                                                                    
set forth in AS 24.60.010.                                                                                                      
                                                                                                                                
Dan  Wayne  added  that  this  a  new  rule  and  continued:                                                                    
Moreover,  sponsoring  an  amendment  or  other  legislation                                                                    
requires  taking   official  action  or   exerting  official                                                                    
influence beyond  participating in  discussion or  debate or                                                                    
voting  [which is  allowed]. It  requires the  legislator to                                                                    
make at  least one formal  motion, and in most  instances it                                                                    
requires the legislator to request  assistance from staff to                                                                    
prepare the legislation.                                                                                                        
                                                                                                                                
Dan Wayne noted footnote  number three, which cites previous                                                                    
committee decisions  AO 11-05 and  AO 07-01 advising  that a                                                                    
legislator's   introduction    of   a   bill    that   could                                                                    
substantially  benefit the  legislator's employer,  would be                                                                    
of special  concern to the  committee in connection  with AS                                                                    
24.60.030(e) if the bill were  introduced at a time when the                                                                    
legislator  is negotiating  terms  of  employment with  that                                                                    
employer, which was the rule.                                                                                                   
                                                                                                                                
Dan Wayne addressed question six,  part b: What about voting                                                                    
on  amendments offered  by others?  Wayne said  yes, because                                                                    
voting is allowed.                                                                                                              
                                                                                                                                
Senator Tom Begich  asked Dan Wayne to clarify  if in public                                                                    
it would  be allowed to  question another legislator  if the                                                                    
legislation  under discussion  would  cause that  legislator                                                                    
financial harm.                                                                                                                 
                                                                                                                                
Dan Wayne  advised that with respect  to committee meetings,                                                                    
which were  addressed in the  question, the answer  would be                                                                    
yes as  far as the  rules are concerned. And  the legislator                                                                    
can respond to  the question because it is part  of a public                                                                    
discussion or  debate. But, Wayne  cautioned, it  depends on                                                                    
whether the person  wants to ask that kind of  question of a                                                                    
colleague.                                                                                                                      
                                                                                                                                
Dan Wayne moved  on to question 6, part c:  Can a legislator                                                                    
vote  on the  motion to  move the  bill from  committee? Dan                                                                    
Wayne said  that the answer is  yes as explained in  part b,                                                                    
the vote  on a  motion to  move a bill  from committee  is a                                                                    
vote "on a question before a committee of the legislature."                                                                     
Dan  Wayne  moved  on  to  question  six,  part  d:  Can  [a                                                                    
legislator] sign the committee  report with a recommendation                                                                    
  do pass,"  "do not  pass," "amend")?  Dan Wayne  said that                                                                    
the answer is yes.                                                                                                              
                                                                                                                                
Dan   Wayne  addressed   question  six,   part  e:   Can  [a                                                                    
legislator] sign  the committee report  "no recommendation"?                                                                    
Dan Wayne said that the answer  is yes because it is part of                                                                    
voting.                                                                                                                         
                                                                                                                                
Dan  Wayne moved  to question  seven:  According to  Uniform                                                                    
Rule  24, committee  reports are  necessary to  move a  bill                                                                    
from  committee and  must be  signed  by a  majority of  the                                                                    
members of  the committees.  When a  member has  a conflict,                                                                    
would the member have to  abstain from signing the report or                                                                    
sign the report "no recommendation"  in order to comply with                                                                    
the law? Dan  Wayne said the answer is no  and read from the                                                                    
draft advisory opinion: ?signing  a committee report with or                                                                    
without a  recommendation, is part  of voting on  a question                                                                    
before a committee of the legislature                                                                                           
                                                                                                                                
Dan Wayne addressed question eight:  Would a legislator with                                                                    
a "large  enough" immediate family,  who received  more than                                                                    
$10,000 in  the aggregate  from the Permanent  Fund Dividend                                                                    
Corporation in  October 2018 be  prohibited from  (a) taking                                                                    
official  action of  a bill  related to  the Permanent  Fund                                                                    
Dividend  (PFD)   or  supplemental  dividend   payment?  (b)                                                                    
discussing  or  advocating for  a  PFD  bill during  private                                                                    
meetings  with other  committee members?  (c) Discussing  or                                                                    
advocating  for  a PFD  bill  during  private meetings  with                                                                    
other legislators, including members  of the other body? (d)                                                                    
Discussing  or  advocating for  a  PFD  bill during  private                                                                    
meetings with  constituents, or, generally,  other citizens?                                                                    
(e)  Discussing or  advocating for  the management  or asset                                                                    
allocation of the Permanent Fund investments?                                                                                   
                                                                                                                                
Dan Wayne  responded by  reading the  first sentence  of the                                                                    
draft  advisory  opinion  answer: Regardless  of  whether  a                                                                    
member of  the legislator's immediate family,  or the entire                                                                    
family, receive  permanent fund dividends with  a cumulative                                                                    
value  greater  than $10,000,  the  answer  to each  of  the                                                                    
foregoing  questions,   ?  is   no.  A  legislator   is  not                                                                    
prohibited    from    doing    those   things    under    AS                                                                    
24.60.030(e)(3).                                                                                                                
                                                                                                                                
Dan  Wayne continued  reading  the answer:  In  order for  a                                                                    
prohibition under  AS 24.60.030(e)(3)  to apply,  the action                                                                    
or influence targeted by  that provision must "substantially                                                                    
benefit or harm" the "financia1  interest" of a person under                                                                    
subparagraphs (A) - (D) [of  AS 24.60.030(e)] ? including "a                                                                    
member" of  the legislators  immediate family.  For purposes                                                                    
of AS 24.60.030, "substantially  benefit or harm" means "the                                                                    
effect on  the person's  financial interest is  greater than                                                                    
the effect on  the financial interest of  the general public                                                                    
of the state.  A member of the general public  of the state,                                                                    
including a  legislator, may have an  immediate family large                                                                    
enough  to  be  eligible  for  and  receive  permanent  fund                                                                    
dividends  for one  benefit year  with a  value, when  added                                                                    
together,  that exceeds  $10,000, regardless  of legislative                                                                    
status.  Therefore,  the benefit  to  the  legislator is  no                                                                    
greater than  the effect  on the  financial interest  of the                                                                    
general public of the state.                                                                                                    
                                                                                                                                
Dan Wayne  said that is  a good  example and maybe  the only                                                                    
one where  everyone is affected  the same way  and continued                                                                    
reading  the last  paragraph  of the  answer:  Based on  the                                                                    
facts  you have  provided, the  legislators interest  in the                                                                    
Permanent Fund,  the Permanent Fund  Dividend program,  or a                                                                    
permanent  fund dividend  received  by the  legislator or  a                                                                    
member  of  the  legislator's  immediate family,  is  not  a                                                                    
financial interest as defined in the Act.                                                                                       
                                                                                                                                
Jerry Anderson asked if the  Permanent Fund Corporation is a                                                                    
person under the definition.                                                                                                    
                                                                                                                                
Dan Wayne responded that he did not know.                                                                                       
                                                                                                                                
Jerry Anderson said, "Isn't the  question answered under the                                                                    
definition of person under AS 01.10.60.                                                                                         
                                                                                                                                
Dan  Wayne  responded  that  it  may  not  be  part  of  the                                                                    
legislation because the ethics  committee does not interpret                                                                    
areas of law other than the Ethics Act.                                                                                         
                                                                                                                                
Jerry Anderson  said that in  other advisory  opinions terms                                                                    
from  general  statutory  language   has  been  used.  Jerry                                                                    
Anderson  suggested the  answer  to that  question may  help                                                                    
legislators when interpreting the statute.                                                                                      
                                                                                                                                
Dan Wayne  responded AS 24.60.030(e)(3) talks  about matters                                                                    
that  affect persons  and whether  or  not the  entity is  a                                                                    
person is  important in all  of this  but he does  not think                                                                    
it's  necessary  to consider  the  definition  of person  in                                                                    
order  to  answer  this  question  because  it  is  answered                                                                    
resoundingly by the fact it affects everyone the same way.                                                                      
Senator  John   Coghill  advised   that  there   are  public                                                                    
corporations that  significantly benefit individuals  and it                                                                    
may be better to not look too closely at that question.                                                                         
                                                                                                                                
Dan Wayne said  that he always advises the  committee not to                                                                    
get into other areas of the  law if it's not necessary to do                                                                    
so.                                                                                                                             
                                                                                                                                
Dan Wayne  moved to  question nine: If  a bill  authorizes a                                                                    
supplemental  payment of  a Permanent  Fund  Dividend in  an                                                                    
amount  that is  a  large  percentage of  the  income of  an                                                                    
immediate   family   member   of  legislator,   would   that                                                                    
constitute a  "substantial benefit"  to that  family member?                                                                    
Wayne said  the answer is  no and  added that the  answer in                                                                    
the draft advisory opinion includes  a reference to question                                                                    
eight  in which  it explains  that everyone  is treated  the                                                                    
same under the PFD program.                                                                                                     
                                                                                                                                
Dan  Wayne  went on  to  read  the  question and  answer  to                                                                    
question  nine,  part  a:  If yes,  would  a  legislator  be                                                                    
prohibited  from  taking  official   action  on  that  bill?                                                                    
Because the  answer to question  9 is "no", the  response to                                                                    
question (9)(a) is necessary.                                                                                                   
                                                                                                                                
Dan Wayne moved on to  question nine, part b: What qualifies                                                                    
as a  substantial benefit? Dan  Wayne read the  answer: That                                                                    
term is  not defined in  the Act.  Dan Wayne added  that the                                                                    
term "substantial benefit or harm is defined.                                                                                   
                                                                                                                                
Dan Wayne  reviewed the conclusion. Wayne  mentioned that he                                                                    
included   the  language   relating   to   the  Ethics   Act                                                                    
foundational principles in AS  24.60.010, which was cited in                                                                    
the  last advisory  opinion and  dealt with  similar issues.                                                                    
That section  advises legislators in situations  where he or                                                                    
she  is  uncertain whether  to  declare  a conflict,  public                                                                    
perception is relevant.                                                                                                         
                                                                                                                                
Joyce  Anderson  recommended  a  few  language  changes  for                                                                    
consistency  in the  draft advisory  opinion. Dan  Wayne and                                                                    
the   committee   reviewed  Joyce   Anderson's   recommended                                                                    
language changes and others that  had been discussed earlier                                                                    
in the discussion.                                                                                                              
                                                                                                                                
Chair Cook asked  if the committee were ready to  act on the                                                                    
draft advisory opinion.                                                                                                         
                                                                                                                                
Conner Thomas  moved to adopt  draft Advisory  Opinion 19-01                                                                    
as amended during discussion.                                                                                                   
                                                                                                                                
Chair  Cook   asked  for  further  discussion.   No  further                                                                    
discussion.                                                                                                                     
                                                                                                                                
Chair Cook directed  Jerry Anderson to read  the summary and                                                                    
conduct a roll call vote.                                                                                                       
                                                                                                                                
Jerry Anderson read the summary:  Formal Advisory Opinion AO                                                                    
19-01 advises whether specific actions  including to take or                                                                    
withhold  official action  or exert  official influence  and                                                                    
declaring  a  conflict  and  voting   are  proper  under  AS                                                                    
24.60.030(e)  and (g)  in  specified  situations. Roll  Call                                                                    
Vote to concur or not concur  with the draft opinion. A vote                                                                    
of YES  will be a vote  to concur with the  draft opinion. A                                                                    
vote of NO will be to not concur with the draft opinion.                                                                        
                                                                                                                                
Jerry Anderson conducted a roll  call vote whether to concur                                                                    
with draft Advisory Opinion 19-01 as amended.                                                                                   
                                                                                                                                
Roll Call                                                                                                                       
                                                                                                                              
Conner Thomas            Y                                                                                                      
Joyce Anderson           Y                                                                                                      
Deb Fancher              Y                                                                                                      
Lee Holmes               Y                                                                                                      
Senator John Coghill     Y                                                                                                      
Senator Tom Begich       Y                                                                                                      
Dennis "Skip" Cook       Y                                                                                                      
                                                                                                                                
The committee  concurred with  draft Advisory  Opinion 19-01                                                                    
by a vote of 7-0.                                                                                                               
                                                                                                                                
Following the  roll call vote,  the committee and  Dan Wayne                                                                    
reviewed  again the  language changes  agreed to  during the                                                                    
discussion.                                                                                                                     
                                                                                                                                
The committee recessed.                                                                                                         
                                                                                                                                
8. CHAIR/STAFF REPORT                                                                                                       
9.                                                                                                                            
Chair Cook  called the  meeting back  to order  and directed                                                                    
Jerry Anderson to present the staff report.                                                                                     
                                                                                                                                
Jerry Anderson began  his report by thanking  Chair Cook and                                                                    
Conner Thomas for each serving over  20 years as a member of                                                                    
the Select Committee on Legislative Ethics.                                                                                     
                                                                                                                                
Jerry   Anderson  informed   the  committee   he  would   be                                                                    
requesting the  new chair approve  a credit card  for Jacqui                                                                    
Yeagle  with  a  $1,000  credit  limit  and  to  approve  an                                                                    
increase in his credit limit to $2,000.                                                                                         
                                                                                                                                
Jerry Anderson  brought to the committee's  awareness that a                                                                    
number  of legislative  employees have  accepted tickets  to                                                                    
unsanctioned  events.   Legislative  employees   may  accept                                                                    
tickets  to  unsanctioned  events  but the  value  of  those                                                                    
tickets  is limited  to less  than $250  in a  calendar year                                                                    
from  an  individual  source. In  the  event  a  legislative                                                                    
employee accepts  a ticket  valued at  $250 or  more, rather                                                                    
than initiating  a complaint, the  employee is asked  to pay                                                                    
back  the price  of the  ticket. Jerry  Anderson added  that                                                                    
those individual cases are not  necessarily reflected in the                                                                    
management  log.  Jerry  Anderson  also  added  that  he  is                                                                    
emphasizing  in  training that  employees  be  aware of  the                                                                    
situation.                                                                                                                      
                                                                                                                                
Jerry Anderson directed the committee  to the management log                                                                    
in the packet. Jerry  Anderson explained that the management                                                                    
log is  a tool  used to track  informal advice  provided and                                                                    
said routine requests are not  included in the report. Jerry                                                                    
Anderson  asked   for  and   answered  questions   from  the                                                                    
committee about the management log.                                                                                             
                                                                                                                                
Senator  Tom  Begich  identified   himself  as  one  of  the                                                                    
recipients  of informal  advice included  in the  management                                                                    
log: May  a legislator post a  notice on social media  for a                                                                    
candidate  forum which  has all  candidates  running for  an                                                                    
office?  Senator Begich  explained  that he  had called  and                                                                    
talked to Jerry Anderson and  Jerry had advised that Senator                                                                    
Begich not post  the information on his  state page. Senator                                                                    
Begich  said that  he had  followed Jerry  Anderson's advice                                                                    
but emphasized  that part  of his  role as  a senator  is to                                                                    
inform  constituents of  events  and  he specifically  asked                                                                    
about this event because every  single candidate running for                                                                    
office was invited and it was not a partisan event.                                                                             
                                                                                                                                
Senator Begich  asked for  enlightenment from  the committee                                                                    
regarding  this particular  instance. Committee  members and                                                                    
discussion took  place. After other committee  members asked                                                                    
clarifying   questions  of   Senator   Begich,  Lee   Holmes                                                                    
responded  that  he  would  not  look at  a  forum  for  all                                                                    
candidates as  an ethical issue  as long Senator  Begich had                                                                    
not been participating as a candidate.                                                                                          
                                                                                                                                
Joyce Anderson said that she agreed with Lee Holmes.                                                                            
                                                                                                                                
Chair Cook  suggested adding the  word "nonpartisan"  to the                                                                    
advertising might also be helpful.                                                                                              
                                                                                                                                
Conner Thomas  asked Jerry Anderson  what his  thoughts were                                                                    
with regard to the question.                                                                                                    
                                                                                                                                
Jerry Anderson  explained he  looked at  the language  in AS                                                                    
24.60.030(a)(5)  where   it  says:   "for  the   purpose  of                                                                    
political fund  raising or  campaigning," and  concluded the                                                                    
forum could  have been a  potential violation of  the Ethics                                                                    
Act.                                                                                                                            
                                                                                                                                
Conner  Thomas said  that he  could see  why Jerry  Anderson                                                                    
interpreted Senator  Begich's question  the way that  he had                                                                    
because   regardless  of   whether   it   was  partisan   or                                                                    
nonpartisan, it was campaigning and  that is the focus of AS                                                                    
24.60.030(a)(5).                                                                                                                
                                                                                                                                
Senator  John Coghill  added that  just because  a group  is                                                                    
nonpartisan does  not mean they  are not an  advocacy group.                                                                    
Senator Coghill  also advised there is  a difference between                                                                    
an   invitation  and   an   announcement.  Senator   Coghill                                                                    
suggested the nuances are important to distinguish.                                                                             
                                                                                                                                
Chair Cook  asked the committee  what action they  wished to                                                                    
take on the matter.                                                                                                             
                                                                                                                                
Senator Begich  said that  he would submit  a request  for a                                                                    
formal advisory opinion.                                                                                                        
                                                                                                                                
Jerry  Anderson  referred  to  the  letter  from  the  Chief                                                                    
Justice Joel  Bolger to Senate  President Cathy  Giessel and                                                                    
the House  Speaker naming Conner  Thomas to another  term as                                                                    
member  of   the  Ethics  Committee.  Confirmation   by  the                                                                    
legislature will commence when both bodies are organized.                                                                       
Jerry Anderson  reported that an alternate  public member is                                                                    
still  needed   and  asked  the  members   to  refer  anyone                                                                    
interested to the Chief Justice for consideration.                                                                              
                                                                                                                                
Lee  Holmes  asked how  the  committee  stands in  terms  of                                                                    
restrictions in  the number of  members from  each political                                                                    
party.                                                                                                                          
                                                                                                                                
Jerry Anderson responded that at  this time, a number of the                                                                    
members  are  registered  nonpartisan  and  so  a  potential                                                                    
alternate member could come from either party.                                                                                  
                                                                                                                                
Joyce  Anderson added  that in  the past  there had  been an                                                                    
attempt to  have members  from geographically  diverse areas                                                                    
of the state.                                                                                                                   
                                                                                                                                
Jerry  Anderson reviewed  the yearly  data  provided in  the                                                                    
packet,  noting  specifically  that   the  number  of  board                                                                    
membership disclosures  increased over time  reflecting what                                                                    
he  believes to  be  a  result of  the  greater emphasis  in                                                                    
ethics  training   about  the  broad  definition   of  board                                                                    
membership. Jerry  Anderson also reminded  committee members                                                                    
that annual  disclosures are due  this year on  February 14,                                                                    
2019, and that date will  be publicized in the newsletter to                                                                    
be issued the first week of February.                                                                                           
                                                                                                                                
Jerry Anderson  reviewed the sections from  the COGEL report                                                                    
referring  to  the  ethics  committee  activities  in  2018.                                                                    
Anderson  reported that  information sharing  is really  the                                                                    
value  of COGEL.  For instance,  in conversation  with other                                                                    
COGEL  attendees,   he  learned  that  some   entities  have                                                                    
searchable databases and  he is working with IT  to make the                                                                    
committee's informal advice searchable.                                                                                         
                                                                                                                                
Conner  Thomas  said  the plenary  sessions  are  excellent,                                                                    
bringing in  people from all  over the country.  Deb Fancher                                                                    
reported   she  attended   a  lot   sessions  about   sexual                                                                    
harassment. Fancher noted that  the term "sexual harassment"                                                                    
is  an  outdated  term  and   instead  the  emphasis  is  on                                                                    
 creating a culture of respect.   Fancher agreed with Conner                                                                    
Thomas that the plenary  sessions were fantastic. Chair Cook                                                                    
also agreed  it was a  good conference. Chair Cook  noted he                                                                    
is fascinated  by the  nature of the  issues in  which other                                                                    
attendees are involved  and the number of  staff required to                                                                    
handle the  issues. Chair Cook  said next  year's conference                                                                    
will be in Chicago.                                                                                                             
                                                                                                                                
Jerry Anderson stated  that the only unpaid fine  is that of                                                                    
former Representative Alan Dick's and he is making payments                                                                     
                                                                                                                                
Jerry  Anderson   referenced  new  publications,   the  2018                                                                    
Advisory Opinions, 2018 Public  Decisions, and the Standards                                                                    
of  Conduct  Handbook.  All publications  are  available  to                                                                    
members  and   are  being   distributed  as   applicable  to                                                                    
legislative offices and employees.  Updated statutes are not                                                                    
included  because they  were not  available at  the time  of                                                                    
publishing but will be distributed  at a later time and will                                                                    
be online as well.                                                                                                              
                                                                                                                                
                                                                                                                                
10. 2019 ETHICS TRAINING                                                                                                    
                                                                                                                              
Jerry  Anderson   updated  the  committee  on   2019  ethics                                                                    
training  activities.  All legislators,  legislative  staff,                                                                    
legislative  employees, and  public  members  of the  Ethics                                                                    
Committee are required to take  training this year. Anderson                                                                    
reported  that  gifts  and the  gift  exceptions  rules  are                                                                    
emphasized in training.                                                                                                         
                                                                                                                                
To  date,  447  individuals  have been  trained  over  seven                                                                    
sessions. At  least 31 individuals  have not  taken training                                                                    
yet. Additional trainings are planned.                                                                                          
                                                                                                                                
The Human Rights Commission  is presenting a one-and-a-half-                                                                    
hour training  during refresher  training, leaving  only one                                                                    
hour and twenty minutes for  regular topics in the refresher                                                                    
ethics  training,  a total  of  three  hours. New  employees                                                                    
attended two  three-hour sessions for  a total of  six hours                                                                    
for  both  Human  Rights   Commission  training  and  ethics                                                                    
training. A  special training for  new legislators  was held                                                                    
in December.                                                                                                                    
                                                                                                                                
Senator   John  Coghill   added  that   new  employees   are                                                                    
anticipated  after  the   House  organizes.  Jerry  Anderson                                                                    
responded that  the new employee  training was  recorded and                                                                    
it will  be available  as a  training mechanism  after live-                                                                    
trainings are complete.                                                                                                         
                                                                                                                                
Senator  Tom  Begich  asked  if  individuals  who  have  not                                                                    
attended   training  will   be   notified.  Jerry   Anderson                                                                    
responded that  notification would  be sent  to noncompliant                                                                    
legislative employees and to the rules chair.                                                                                   
                                                                                                                                
Joyce Anderson  asked how many new  legislators attended the                                                                    
December  training. Jerry  Anderson  responded  that 11  new                                                                    
legislators  had attended  and reported  there were  lots of                                                                    
good questions.                                                                                                                 
                                                                                                                                
Jerry  Anderson reported  that  gifts  and gifts  exceptions                                                                    
rules are  emphasized in training. Joyce  Anderson suggested                                                                    
a  couple of  changes to  the  gift rules  handout to  which                                                                    
Jerry Anderson agreed.                                                                                                          
                                                                                                                                
                                                                                                                                
11. BUDGET                                                                                                                  
                                                                                                                              
Jerry  Anderson   directed  the  committee  to   the  budget                                                                    
documents,  which include  the FY19  budget summary  and the                                                                    
FY20 budget request.                                                                                                            
                                                                                                                                
12. CONTRACT REPORT                                                                                                         
                                                                                                                              
Jerry  Anderson directed  the committee's  attention to  the                                                                    
contracts approved by the committee  at the November 1, 2018                                                                    
meeting for  Brent Cole  and Monique  Rapuzzi. No  money has                                                                    
been spent  for Monique Rapuzzi.  Some money has  been spent                                                                    
for  Brent   Cole  on  the  Representative   Eastman  matter                                                                    
(Complaint H  17-03). Jerry Anderson suggested  amending the                                                                    
Brent Cole contract to $5,000.                                                                                                  
                                                                                                                                
Chair Cook  entertained a motion  to increase the  amount in                                                                    
the Brent Cole contract.                                                                                                        
                                                                                                                                
Deb Fancher moved to amend the contract.                                                                                        
                                                                                                                                
Conner  Thomas  asked  if  $5,000  would  be  enough.  Jerry                                                                    
Anderson responded affirmatively.                                                                                               
                                                                                                                                
At Chair  Cook's direction, Jerry Anderson  conducted a roll                                                                    
call vote.                                                                                                                      
                                                                                                                                
Joyce Anderson           Y                                                                                                      
Deb Fancher              Y                                                                                                      
Lee Holmes               Y                                                                                                      
Senator John Coghill     Y                                                                                                      
Dennis "Skip" Cook       Y                                                                                                      
Conner Thomas            Y                                                                                                      
Senator Tom Begich       Y                                                                                                      
                                                                                                                                
The motion passed  7-0 authorizing an increase  of the Brent                                                                    
Cole contract to $5,000.                                                                                                        
                                                                                                                              
13. 2019 LEGISLATION UPDATE                                                                                                 
                                                                                                                              
Jerry Anderson  reported he was  unaware of  any legislation                                                                    
the committee needed to review.                                                                                                 
                                                                                                                                
Senator John  Coghill reported that  discrete changes  to HB                                                                    
44 are being drafted.                                                                                                           
                                                                                                                                
Joyce  Anderson asked  Senator Coghill  if the  changes were                                                                    
related to the conflict of interest issues or other issues.                                                                     
Senator John Coghill reported the  changes are related to AS                                                                    
24.60.030(e) and AS 24.60.030(g).                                                                                               
                                                                                                                                
Senator Tom Begich added they hope  to keep it to only those                                                                    
sections.                                                                                                                       
                                                                                                                                
                                                                                                                                
14. OTHER BUSINESS                                                                                                          
                                                                                                                              
Chair Cook stated  that the only other business  is the date                                                                    
of the  next meeting. Chair  Cook reported he had  asked Dan                                                                    
Wayne when draft  Advisory Opinion 19-02 might  be ready and                                                                    
Dan Wayne  was uncertain. Chair Cook  recommended waiting to                                                                    
schedule a meeting and asked Joyce Anderson her opinion.                                                                        
Joyce Anderson agreed.                                                                                                          
                                                                                                                                
                                                                                                                              
15. ADJOURN                                                                                                                 
                                                                                                                              
Chair Cook entertained a motion to adjourn.                                                                                     
                                                                                                                                
Conner Thomas made a motion to adjourn.                                                                                         
                                                                                                                                
No objections.                                                                                                                  
                                                                                                                                
The meeting adjourned at 11:19 AM.                                                                                              
                                                                                                                                
                                                                                                                              
                                                                                                                              
11:19:49 AM                                                                                                                 
                                                                                                                              
                                                                                                                              
                                                                                                                              
                                                                                                                              
                                                                                                                                

Document Name Date/Time Subjects
FullPacketBASIS.pdf JETH 1/31/2019 8:30:00 AM
AO 19-01.pdf JETH 1/31/2019 8:30:00 AM