Legislature(2001 - 2002)
11/19/2001 03:05 PM House LEC
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Legislative Council
November 19, 2001
1. ROLL CALL
The Legislative Council meeting was called to order at 3:05 p.m. by Representative
nd
Green, Legislative Council Chair, in the Anchorage 2 Floor Conference Room & via
teleconference.
The roll was taken. In attendance were Council members: Green, Kott, Murkowski,
Ogan, Rokeberg, Berkowitz, Cowdery, Halford, P. Kelly and Elton. Members absent
were: Porter, Torgerson and Donley. Staff present were: Varni, Cook, Luckhaupt,
Schofield, Finley, Ibesate and Collins.
2. IMMUNITY OF STAFF THAT IS AVAILABLE TO MEMBERS OF
THE LEGISLATURE
Jerry Luckhaupt, Legislative Counsel, Division of Legal and Research Services, stated
that recently Kevin Jardell was issued a subpoena by the attorneys representing the
Alaska Redistricting Board in the consolidated reapportionment lawsuits in Anchorage
Superior Court. The subpoena orders Mr. Jardell to appear and give testimony and
produce documents concerning a period of time when Mr. Jardell was employed by the
Alaska Legislature and was engaged in legislative duties. Mr. Luckhaupt stated that he
questioned Mr. Jardell about his activities and determined that they appeared, in his
opinion, to be protected by legislative immunity - immunity arising both from the
Constitution of the State of Alaska and from the common law.
Mr. Luckhaupt addressed questions about the reach of legislative immunity.
Discussion ensued.
Senator Cowdery moved to direct Legislative Counsel to seek to quash or otherwise
defend Mr. Jardell from the subpoena as far as the subpoena seeks to
require Mr. Jardell to provide testimony or produce evidence that is protected by
legislative immunity.
YEAS: Green, Kott, Murkowski, Ogan, Rokeberg, Cowdery, Halford and P. Kelly
NAYS: Berkowitz and Elton
ABSENT: Porter and Torgerson
The motion passed 8 to 2.
Discussion followed.
Senator Cowdery moved that Representative Green be appointed as contact person for
Legislative Counsel regarding the litigation.
YEAS: Green, Kott, Murkowski, Ogan, Rokeberg, Cowdery, Halford and P. Kelly
NAYS: Berkowitz and Elton
ABSENT: Porter and Torgerson
The motion passed 8 to 2.
The meeting was adjourned at 4:10 p.m.
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