Legislature(2017 - 2018)ADAMS ROOM 519

04/23/2018 04:30 PM LEGISLATIVE COUNCIL

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Audio Topic
04:30:31 PM Start
05:58:37 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Ratification of Charitable Events: TELECONFERENCED
a. Canvas at REACH Annual Fundraising Dinner
b. 2nd Annual Catholic Community Service Formal
Gala
c. 26th Annual Girl Scouts Fundraiser
d. Thanksgiving in March
e. Silver Gala
f. Legislative Skits
g. Reach 40th Anniversary
h. Lawmaker's Round Up
i. Juneau's Got Talent
j. Haven House
k. 33rd Annual Sham Jam
l. Juneau Lyric Opera Spring Gala
Contract Approvals:
a. Ketchikan Lease Extension
b. Bethel Lease Extension
c. Juneau Storage - Goldstein Lease Extension
d. Ombudsman - Anchorage Lease Extension Update
e. Office of Victims' Rights Lease Extension
f. Kodiak Lease Extension
Other Committee Business
a. Policies:
i. Per Diem
ii. Sexual & Other Workplace Harassment
EXECUTIVE SESSION
                          ALASKA STATE LEGISLATURE                                                                            
                            LEGISLATIVE COUNCIL                                                                               
                               APRIL 23, 2018                                                                                 
                                  4:30 PM                                                                                     
                                                                                                                              
                                                                                                                              
       MEMBERS PRESENT                                                                                                        
                                                                                                                              
       Representative Sam Kito, Chair                                                                                         
       Senator Bert Stedman, Vice Chair                                                                                       
       Representative Matt Claman                                                                                             
       Representative Bryce Edgmon                                                                                            
       Representative David Guttenberg                                                                                        
       Representative Charisse Millett                                                                                        
       Representative Dan Ortiz                                                                                               
       Representative Louise Stutes                                                                                           
       Representative David Eastman, Minority Alternate                                                                       
       Senator John Coghill                                                                                                   
       Senator Cathy Giessel                                                                                                  
       Senator Lyman Hoffman                                                                                                  
       Senator Pete Kelly                                                                                                     
       Senator Anna MacKinnon                                                                                                 
       Senator Peter Micciche                                                                                                 
                                                                                                                              
       MEMBERS ABSENT                                                                                                         
                                                                                                                              
       Representative Harriet Drummond, Majority Alternate                                                                    
       Senator Mia Costello, Alternate                                                                                        
                                                                                                                              
       OTHER MEMBERS PRESENT                                                                                                  
                                                                                                                              
       Representative Les Gara                                                                                                
       Senator Donald Olson                                                                                                   
                                                                                                                              
       AGENDA                                                                                                                 
                                                                                                                              
       APPROVAL OF AGENDA                                                                                                     
       APPROVAL OF MINUTES                                                                                                    
       RATIFICATION OF CHARITABLE EVENTS                                                                                      
       CONTRACT APPROVALS                                                                                                     
       OTHER COMMITTEE BUSINESS                                                                                               
       EXECUTIVE SESSION                                                                                                      
                                                                                                                              
       SPEAKER REGISTER                                                                                                       
                                                                                                                              
       Tina Strong, Procurement Officer, Legislative Affairs Agency                                                           
      4:30:31 PM                                                                                                            
                                                                                                                              
  I. CHAIR KITO called the Legislative Council meeting to order at                                                          
      4:30pm on Monday, April 23, 2018, in Room 519 (House Finance)                                                           
      of the State Capitol. Present at the call were Representatives                                                          
      Claman,  Edgmon, Guttenberg, Millett, Ortiz,  Stutes, Eastman                                                           
      (Alternate)  and  Kito; Senators  Coghill,  Giessel, Hoffman,                                                           
      Kelly,   MacKinnon,  Micciche,   and  Stedman.   Absent  were                                                           
      Representative Drummond and Senator Costello (Alternates).                                                              
                                                                                                                              
 II. APPROVAL OF AGENDA                                                                                                     
                                                                                                                              
      CHAIR  KITO asked if  there were any proposed  changes to the                                                           
      Agenda. Prior to  meeting, the order was switched for item VI                                                           
      Policies  so that  the Sexual and  Other Workplace Harassment                                                           
      policy will be heard before the Per Diem policy. He asked for                                                           
      a motion to approve the agenda.                                                                                         
                                                                                                                              
      SENATOR  MACKINNON moved that  Professional Workplace Conduct                                                           
      Policy be added to the agenda under Other Committee Business.                                                           
                                                                                                                              
      CHAIR KITO objected as that is an issue we started discussing                                                           
      with respect to the Sexual and Other Workplace Harassment and                                                           
      it  is something I've not had adequate time  to review in any                                                           
      draft form until Friday when it was submitted to my office and                                                          
      I  did acknowledge there  are workplace civility  issues that                                                           
      needed  to be  addressed and  that the Subcommittee  that was                                                           
      identified  for Sexual  and Other  Workplace Harassment would                                                           
      return  the recommendations to Legislative Council  who would                                                           
      then have a discussion about putting together a group to look                                                           
      at the workplace civility because there were people other than                                                          
      those identified in the Sexual and Other Workplace Harassment                                                           
      Subcommittee that  had interest in engaging  in the workplace                                                           
      civility discussion.                                                                                                    
                                                                                                                              
      SENATOR MACKINNON said that with all respect, we have notified                                                          
      and been working on this policy since the beginning of Session                                                          
      and  it  was  the intent  of  the Subcommittee  to have  both                                                           
      policies  included together  and be  brought forward  to this                                                           
      Committee  for consideration. On  advice of Legal  Counsel we                                                           
      chose  two phases: phase one being the  legal issues that our                                                           
      staff and colleagues might face and then the issues that were                                                           
      related to professional workplace conduct, but they needed to                                                           
      go hand in hand together for this Committee's consideration in                                                          
      adopting any  policy. For those reasons, I've  asked for your                                                           
      consideration in  amending the agenda to  include both policy                                                           
      discussions. The meetings were all public, your staff and all                                                           
      folks  in the Legislature were kept  abreast to everything we                                                           
      did, it was  recorded, we brought National Conference of State                                                          
       Legislatures (NCSL) to review the policies that were before us                                                         
       and had an exchange and dialogue there. We put these products                                                          
       out  for review for  over a week, if  not two, to  ensure all                                                          
       staff  and  Legislators had  an  opportunity  to review  both                                                          
       policies and provide feedback to our Subcommittee. I hope the                                                          
       Subcommittee will support us in amending the agenda so that we                                                         
       can have both policies in front of us to protect our staff and                                                         
       the colleagues that we work with today.                                                                                
                                                                                                                              
       SENATOR MICCICHE said that the Co-Vice Chair of the Committee                                                          
       covered  it well. It  was actually meant  to be one.  We were                                                          
       charged with this product. Legal had  us split it out, but we                                                          
       were charged with  this product and Mr. Chairman, this is not                                                          
       directed at  any individual person, but we've had issues, not                                                          
       only  with workplace harassment but we've  had conduct issues                                                          
       and our staff and the public have been subject to the lack of                                                          
       a   basic  expectation  for  conduct  in   this  building  by                                                          
       Legislators and others. This is one package, I don't feel that                                                         
       it's two  and I would just strongly request that you consider                                                          
       supporting adding? it's two pages? it's a very brief document                                                          
       and it's the very basics about human behavior in the workplace                                                         
       and I just hope you'll consider supporting it.                                                                         
                                                                                                                              
       CHAIR KITO said to Senator Micciche, with respect, the task of                                                         
       Legislative  Council was  to address  the legal,  sexual, and                                                          
       other workplace harassment which is the reason that our Human                                                          
       Resources Manager, Skiff Lobaugh, was put as the Chair of that                                                         
       group. Mr. Lobaugh indicated that he did not feel comfortable                                                          
       chairing a  group that dealt with workplace civility and that                                                          
       was  one of the other  reasons I requested that a  request to                                                          
       deal  with  workplace civility  come back  before Legislative                                                          
       Council before another workgroup was established.                                                                      
                                                                                                                              
       SENATOR MICCICHE responded that Mr. Lobaugh was uncomfortable                                                          
       having a  voting seat on the second because of the employment                                                          
       law implications, but he was  there as a mediator who led the                                                          
       meetings  and we believe  that this  is, again, a  very basic                                                          
       document about behavior in the workplace in this Legislature,                                                          
       in this Capitol that I think is very important. I don't think,                                                         
       in  fact, I have a  very difficult time understanding why you                                                          
       feel that it's different than what we were charged to do with                                                          
       the assignment.                                                                                                        
                                                                                                                              
       CHAIR KITO said to Senator Micciche, my understanding is that                                                          
       the Sexual and Other Workplace Harassment document is a legal                                                          
       document  that   protects  the  Legislature    employees  and                                                          
       Legislators in respect to  violation of Federal law. That was                                                          
       the reason we put our Human Resources Manager as Chair of the                                                          
      Subcommittee. I  will maintain my objection.  Please call the                                                           
      roll.                                                                                                                   
                                                                                                                              
      CHAIR KITO the question is whether we add the civility policy                                                           
      component  to the motion on  the policy for  Sexual and Other                                                           
      Workplace Harassment.                                                                                                   
                                                                                                                              
      A roll call vote was taken.                                                                                             
                                                                                                                              
      YEAS:  Claman,  Edgmon, Guttenberg,  Millett,  Ortiz, Stutes,                                                           
      Coghill, Giessel, Hoffman, Kelly, MacKinnon, Micciche, Stedman                                                          
                                                                                                                              
      NAYS: Kito                                                                                                              
                                                                                                                              
      With 13  yeas, one nay, the civility policy has been added to                                                           
      the agenda.                                                                                                             
                                                                                                                              
      4:39:08 PM                                                                                                            
      VICE CHAIR STEDMAN moved that Legislative Council approve the                                                           
      agenda as amended.                                                                                                      
                                                                                                                              
      The motion passed without objection.                                                                                    
                                                                                                                              
III. APPROVAL OF MINUTES                                                                                                    
                                                                                                                              
      CHAIR  KITO stated  there are minutes  from: March  28, 2017;                                                           
      April 12,  2017; April 27, 2017; May 18, 2017; June 20, 2017;                                                           
      August 17, 2017; October 25, 2017; November 21, 2017; February                                                          
      3, 2018; and February 15, 2018.                                                                                         
                                                                                                                              
      4:39:49 PM                                                                                                            
      VICE CHAIR STEDMAN moved that Legislative Council approve the                                                           
      minutes dated: March 28, 2017; April 12, 2017; April 27, 2017;                                                          
      May  18, 2017;  June 20, 2017;  August 17, 2017;  October 25,                                                           
      2017;  November 21, 2017; February 3, 2018;  and February 15,                                                           
      2018.                                                                                                                   
                                                                                                                              
      The motion passed without objection.                                                                                    
                                                                                                                              
 IV. RATIFICATION OF CHARITABLE EVENTS                                                                                      
                                                                                                                              
      4:40:25 PM                                                                                                            
      VICE  CHAIR STEDMAN moved that Legislative Council ratify the                                                           
      Chair's sanctioning of the following charitable events per AS                                                           
      24.60.080(a)(2)(B): The  Canvas  at REACH  Annual Fundraising                                                           
      Dinner (1/28/18); 2nd Annual Catholic Community Service Formal                                                          
      Gala  (2/3/18); 26th Annual Girl Scouts Fundraiser (2/10/18);                                                           
      Thanksgiving in  March (2/22/18); The  Silver Gala (2/22/18);                                                           
      Legislative Skits (2/23/18); Reach 40th Anniversary (2/27/18);                                                          
       Lawmaker's Round  Up (3/3/18); Juneau's Got Talent (3/12/18);                                                          
       Haven  House (3/14/18); 33rd  Annual Sham Jam  (3/17/18); and                                                          
       Juneau Lyric Opera Spring Gala (4/28/18).                                                                              
                                                                                                                              
       The motion passed without objection.                                                                                   
                                                                                                                              
   V. CONTRACT APPROVALS                                                                                                    
                                                                                                                              
       CHAIR KITO asked Ms. Strong to come forward.                                                                           
                                                                                                                              
       4:42:08 PM                                                                                                           
       CHAIR KITO called a brief at-ease.                                                                                     
                                                                                                                              
       4:42:29 PM                                                                                                           
       CHAIR  KITO we are  going to bring up  contract approvals one                                                          
       approval at a time.                                                                                                    
                                                                                                                              
       a.   Ketchikan Lease Extension                                                                                       
                                                                                                                              
       4:42:45 PM                                                                                                           
       VICE  CHAIR  STEDMAN moved  that Legislative  Council approve                                                          
       Renewal  No. 2 of the  Lease Extension with Ketchikan Gateway                                                          
       Borough in the amount of $47,569.44                                                                                    
                                                                                                                              
       CHAIR KITO  objected for discussion. Ms. Strong, can you give                                                          
       us a briefing on the Ketchikan Gateway Borough?                                                                        
                                                                                                                              
       TINA  STRONG, Procurement Officer for the Legislative Affairs                                                          
       Agency, said  that the original lease between the Legislative                                                          
       Affairs Agency and Ketchikan Gateway Borough for Office Space                                                          
       in Ketchikan, Alaska was for a five-year term that began March                                                         
       1,  2012,  and  terminated Feb.  28,  2017.  There were  five                                                          
       additional one-year renewals available. We have exercised one                                                          
       of  the five renewals. The Renewal No. 1  of lease expired on                                                          
       February  28,  2018.  We  would  like  Legislative  Council's                                                          
       approval to proceed with Renewal No. 2 for the period March 1,                                                         
       2018  through February 28, 2019 for  an amount of $47,569.44.                                                          
       Additional lease information is attached to your memo and I'd                                                          
       be happy to answer any questions.                                                                                      
                                                                                                                              
       CHAIR KITO  asked if there were questions about the Ketchikan                                                          
       lease? Seeing none, he removed his objection. That lease moves                                                         
       forward.  Are  there any  further objections  to this  lease?                                                          
       Seeing none, the lease is approved.                                                                                    
                                                                                                                              
       b.   Bethel Lease Extension                                                                                          
                                                                                                                              
       4:44:15 PM                                                                                                           
      VICE  CHAIR  STEDMAN moved  that Legislative  Council approve                                                           
      Renewal No. 1 of the Lease Extension with Tunista, Inc. in the                                                          
      amount of $79,593.60.                                                                                                   
                                                                                                                              
      CHAIR KITO objected for discussion. Ms. Strong?                                                                         
                                                                                                                              
      TINA  STRONG, Procurement Officer for the Legislative Affairs                                                           
      Agency, said  that the original lease between the Legislative                                                           
      Affairs Agency and  Tunista, Inc. for Office Space in Bethel,                                                           
      Alaska, was for a three-year term that began July 1, 2015, and                                                          
      will terminate June 30, 2018. There are three additional one-                                                           
      year  renewals available. We would like Legislative Council's                                                           
      approval to proceed with Renewal No. 1 for the period July 1,                                                           
      2018,  through June  30, 2019, for  an amount  of $79,593.60.                                                           
      Additional lease information is attached to your memo. Please                                                           
      note  that on this attachment it lists Representative Fansler                                                           
      as  one  of  the  occupants.  This  memo was  written  before                                                           
      Representative   Fansler's    resignation.   Please   replace                                                           
      Representative Fansler with Representative Zulkosky.                                                                    
                                                                                                                              
      CHAIR  KITO asked  if there  were questions? Seeing  none, he                                                           
      removed  his  objection. Are  there any  other  objections to                                                           
      approval of the Bethel lease? Seeing none, the Bethel lease is                                                          
      approved.                                                                                                               
                                                                                                                              
      c.   Juneau Storage - Goldstein Lease Extension                                                                       
                                                                                                                              
      4:45:36 PM                                                                                                            
      VICE  CHAIR  STEDMAN moved  that Legislative  Council approve                                                           
      Renewal   No.  3  of  the   Lease  Extension  with  Goldstein                                                           
      Improvement Company in the amount of $37,768.68.                                                                        
                                                                                                                              
      CHAIR KITO objected for discussion. Ms. Strong?                                                                         
                                                                                                                              
      TINA   STRONG  said  that  the  original  lease  between  the                                                           
      Legislative Affairs  Agency and Goldstein Improvement Company                                                           
      for  Juneau Goldstein storage was  for a  five-year term that                                                           
      began  July 1, 2011 and, and  terminated June 30, 2016. There                                                           
      were  five  additional one-year  renewals available. We  have                                                           
      exercised two of the five renewals. The Renewal No. 2 of lease                                                          
      expires on June 30, 2018. We would like Legislative Council's                                                           
      approval to proceed with Renewal No. 3 for the period July 1,                                                           
      2018  through  June 30,  2019  for an  amount  of $37,768.68.                                                           
      Additional lease  information is attached to your memo  and I                                                           
      would be happy to answer any questions.                                                                                 
                                                                                                                              
      SENATOR MACKINNON said that as I recall when we discussed this                                                          
      particular renewal before we were looking at consolidation and                                                          
      actually  getting rid of this  storage unit. Can you  tell me                                                           
       what we've done? As I understand it, we had hardware that was                                                          
       being stored there that we  needed to go through and we could                                                          
       dispose of those items, or relocate to other facilities.                                                               
                                                                                                                              
       TINA STRONG replied we are continuing to consolidate, but that                                                         
       is  not to get rid of this  entire section. We were trying to                                                          
       consolidate to  minimize the square  footage that is  in this                                                          
       location.  We have not  minimized the square footage  at this                                                          
       time.  We do have several  locations where we may be  able to                                                          
       reduce a few hundred square feet, but that has not happened at                                                         
       this time, but we do continue to consolidate.                                                                          
                                                                                                                              
       SENATOR  MACKINNON  asked  what  is  being stored  there  for                                                          
       $37,000? Is there  an increased value to what is being stored                                                          
    there? Is there personal records? What is being housed?                                                                   
                                                                                                                              
       TINA STRONG responded that each department in the Agency has a                                                         
       section  down there. Supply has all  their extra supplies for                                                          
       the  supply room. At the  beginning of each session, we  do a                                                          
       large  order to reduce pricing  so we do  store a lot  of our                                                          
       extra supplies there, then when we run out of supplies, we run                                                         
       down to the Goldstein and bring them up to the Capitol. Supply                                                         
       has  quite a  bit of room  down there. We  have a  "Save For"                                                          
       section  when Legislators come to  Juneau and you  have boxes                                                          
       that you want us  to save for you, that is where we store the                                                          
       "Save  For"  boxes. Legislators  are allowed  to store  files                                                          
       there, so  we have several Legislators who have files in that                                                          
       location. Accounting has  all of their past  years items that                                                          
       they  have to retain. Does that  answer your question Senator                                                          
       MacKinnon?                                                                                                             
                                                                                                                              
       SENATOR MACKINNON Thank you Tina. Mr. Chairman, it answers the                                                         
       question. I wonder whether someone should go throughwe have a                                                          
       new  Executive Directorto  audit what is  in there. I  do not                                                          
       feel  able to  vote no  on this  particular proposal  that is                                                          
       before us  at this time, but  this particular lease space has                                                          
       been under scrutiny for multiple years and we are not seeing a                                                         
       reduction of  lease space in  the square footage and  we have                                                          
       asked for that repeatedly, so I will pass.                                                                             
                                                                                                                              
       CHAIR KITO  asked if there were any other questions about the                                                          
       Goldstein space? He removed his objection. Are there any other                                                         
       objections  to the approval of  this lease? Seeing  none, the                                                          
       Goldstein lease is approved.                                                                                           
                                                                                                                              
       CHAIR KITO asked Ms. Strong to talk about where we are at with                                                         
       the Ombudsman procurement.                                                                                             
                                                                                                                              
       d.   Ombudsman  Anchorage Lease Extension Update                                                                     
                                                                                                                              
      TINA STRONG said that the original lease agreement between the                                                          
      Office  of the Ombudsman and JRW  Ventures, Windward Town and                                                           
      Country  Plaza,  Inc.  for  the  Office  of  the  Ombudsman's                                                           
      Anchorage office  space was for a  three-year term that began                                                           
      May  1, 2013, and terminated April 30, 2016. There were three                                                           
      renewals  of lease available under the  lease agreement, each                                                           
      for  a one-year  period. We have  exercised two of  the three                                                           
      renewal options. The  new Ombudsman does not want to exercise                                                           
      the  third renewal  option and would  like to  relocate their                                                           
      Anchorage office.                                                                                                       
                                                                                                                              
      We  had contacted the State  of Alaska, Executive Branch, to                                                            
      see  if they had  available space that  would work for their                                                            
      office.  There was  space available,  however, the  leasehold                                                           
      improvement  costs needed  to make  the space work  was over                                                            
      budget.                                                                                                                 
                                                                                                                              
      We then issued RFP 624 to  solicit for office space for them.                                                           
      We  did receive proposals and conducted evaluations, however,                                                           
      it   was  determined  that  the  RFP  did  not  provide  for                                                            
      consideration of all factors of significance to the Office of                                                           
      the Ombudsman. Therefore, the RFP was canceled. We issued the                                                           
      new RFP  627 today and it closes on May 23, 2018. We hope to                                                            
      come  back before Legislative Council by the end of June for                                                            
      award of an RFP.                                                                                                        
                                                                                                                              
      Our  current Renewal No. 2  of Lease expires  April 30, 2018.                                                           
      Section 36  (Holding Over) of the Lease  allows the Office of                                                           
      the Ombudsman to continue tenancy in a hold over status for a                                                           
      period up  to six months at the same monthly lease rate. This                                                           
      gives the Office of the Ombudsman through October 31, 2018, to                                                          
      have  a final decision and  any leasehold improvements needed                                                           
      completed.                                                                                                              
                                                                                                                              
      No action is needed at this time. This was just an update for                                                           
      the Ombudsman's office.                                                                                                 
                                                                                                                              
      CHAIR KITO Thanked Ms. Strong for that information.                                                                     
                                                                                                                              
      SENATOR MACKINNON asked Ms. Strong if we found space inside an                                                          
     existing State facility what was the improvement cost?                                                                   
                                                                                                                              
      TINA  STRONG replied that it was  over $100,000 for leasehold                                                           
      improvement  costs. The new  Ombudsman did  not want  to move                                                           
      forward with that option.                                                                                               
                                                                                                                              
      VICE CHAIR STEDMAN maybe we should ask Ms. Strong to come back                                                          
      to the Committee with a comparison so that we can actually see                                                          
       some of those numbers if we are going to take a new position,                                                          
       new location, and spend whatever we are going to spend versus                                                          
       the lease.                                                                                                             
                                                                                                                              
       TINA STRONG said she can provide that information when we come                                                         
       back to the Council.                                                                                                   
                                                                                                                              
       CHAIR KITO said he can have his office work with Ms. Strong to                                                         
       come  up with  a memo  that outlines  the information on  the                                                          
       Ombudsman.                                                                                                             
                                                                                                                              
       e.   Office of Victims' Rights (OVR) Lease Extension                                                                 
                                                                                                                              
       4:53:13 PM                                                                                                           
       VICE CHAIR STEDMAN moved that Legislative Council approve the                                                          
       Lease Extension with L92, LLC for the time period July 1, 2018                                                         
       through  June 30,  2023, in  the amount  of $47,250  per year                                                          
       excluding CPI-U adjustments each July 1.                                                                               
                                                                                                                              
       CHAIR KITO objected for discussion.                                                                                    
                                                                                                                              
       TINA  STRONG said that the OVR  lease between the Legislative                                                          
       Affairs  Agency and L92,  LLC expires June  30, 2018  with no                                                          
       renewals  available.    We  contracted  with  Bond  Filipenko                                                          
       Commercial  Properties, LLC  to do  a market  rental analysis                                                          
       under  AS 36.30.083. We  received the  completed analysis and                                                          
       proposed a  rate of $2.10 per square foot  to the landlord or                                                          
       $47,250.00 per year. The landlord accepted our offer. This is                                                          
       for a 5-year lease extension with five, one-year renewals. Our                                                         
       current  rent  is  $54,179.64 each  year.  This is  a  $6,929                                                          
       reduction in lease costs. We would like Legislative Council's                                                          
       approval  to proceed  with the lease  extension for  the time                                                          
       period  July 1, 2018 through June  30, 2023 in  the amount of                                                          
       $47,250  each  year  excluding  CPI-U  increases  each  July.                                                          
       Additional lease  information is attached to your memo  and I                                                          
       would be happy to answer any questions.                                                                                
                                                                                                                              
       SENATOR MACKINNON Thank you Mr. Chairman. I have no additional                                                         
       lease  information. I actually  asked for that  earlier today                                                          
       because the backup documents I have for the Office of Victims'                                                         
       Rights  shows an  increase of  .25  cents, actually .259  and                                                          
       $60,000. Is  there new backup information that we should have                                                          
       received?                                                                                                              
                                                                                                                              
       TINA STRONG said  that, yes, the last email that Crystal sent                                                          
       out had the updated information.                                                                                       
                                                                                                                              
       SENATOR MACKINNON said maybe it  was not printed for me. I'll                                                          
       take a look, thank you.                                                                                                
                                                                                                                              
      CHAIR KITO asked if there were any other questions?                                                                     
                                                                                                                              
      REPRESENTATIVE CLAMAN said to make sure I understand the CPI-                                                           
      U, is there a CPI adjustment each year, or for the first five                                                           
      years there is no CPI?                                                                                                  
                                                                                                                              
      TINA STRONG said that each year there is a CPI-U adjustment.                                                            
                                                                                                                              
      REPRESENTATIVE CLAMAN  continued that if we  approve this, we                                                           
      are going to five years with an adjustment each year based on                                                           
      the Anchorage consumer price index?                                                                                     
                                                                                                                              
      TINA STRONG said yes.                                                                                                   
                                                                                                                              
      CHAIR  KITO  removed  his  objection.  Are  there  any  other                                                           
      objections? Seeing  none the Office of  Victims' Rights space                                                           
      lease has been extended.                                                                                                
                                                                                                                              
      f.   Kodiak Lease Extension                                                                                           
                                                                                                                              
      4:56:05 PM                                                                                                            
      VICE CHAIR STEDMAN moved that Legislative Council approve the                                                           
      Lease Extension with Trident Seafoods Corporation for the time                                                          
      period November 1, 2018 through October 31, 2023 in the amount                                                          
      of  $66,015.60 per year excluding CPI-U adjustments each July                                                           
      1.                                                                                                                      
                                                                                                                              
      CHAIR KITO objected for discussion. Ms. Strong?                                                                         
                                                                                                                                
      TINA STRONG said that the Kodiak lease between the Legislative                                                          
      Affairs  Agency and  Trident Seafoods Corporation  expires on                                                           
      October  31, 2018  with no renewals  available. We contracted                                                           
      with Bond Filipenko Commercial Properties, LLC to do a market                                                           
      rental analysis under AS 36.30.083. We received the completed                                                           
      analysis and proposed a  rate of $2.03 per square foot to the                                                           
      landlord  or $66,015.60 per  year. The  landlord accepted our                                                           
      offer.  This is for a 5-year  lease extension with five, one-                                                           
      year renewals. Our current rent is $71,383.92 each year. This                                                           
      is  a  $5,368.32  reduction in  lease  costs.  We would  like                                                           
      Legislative  Council's approval  to  proceed  with the  lease                                                           
      extension for the time period November 1, 2018 through October                                                          
      31, 2023 in the amount of $66,015.60 each year excluding CPI-U                                                          
      increases each July. Additional lease information is attached                                                           
      to your memo and I would be happy to answer any questions.                                                              
                                                                                                                              
      SENATOR  MACKINNON Mr. Chairman, I just wanted  to thank you,                                                           
      your team,  and Ms. Strong for negotiating a lower cost lease                                                           
      in the Kodiak region. Good job, thank you.                                                                              
                                                                                                                              
       CHAIR KITO asked if there were any other comments, questions?                                                          
       With  that I  will remove my  objection. Are there  any other                                                          
       objections? Seeing none the Kodiak Lease has been extended.                                                            
                                                                                                                              
       SENATOR  MACKINNON said  in our  January 28,  2018, scheduled                                                          
       meeting  that did not  take place, there  were multiple other                                                          
       leases  that were  being  considered at  that time  and I  am                                                          
       wondering if we can get a procurement update on at least Homer                                                         
       and the Eagle River location. They were both over $30,000 and                                                          
       it  appears we have taken care of Southeast Alaska with lease                                                          
       space, to  some extent, and I  am wondering what is happening                                                          
       what  is happening with some of the other  areas of the state                                                          
       that were on that agenda.                                                                                              
                                                                                                                              
       TINA  STRONG said that Eagle River and Homer we  will need to                                                          
       come back to Legislative Council for approval at a later time.                                                         
       Those do not expire until October, I believe. The Kodiak lease                                                         
       was  also  in October,  but we  had already  done  the market                                                          
       analysis so we had the information for that, so we went ahead                                                          
       and  moved forward with Kodiak. The other leases that were on                                                          
       that  agenda were  just for  your notification, they  did not                                                          
       require Legislative Council's approval. So those we are still                                                          
       taking care of with Chair Kito's office, like we normally do.                                                          
       It does not require Legislative Council's approval, so we are                                                          
       still handling those in-house.                                                                                         
                                                                                                                              
       SENATOR  MACKINNON said  there are  multiple leases  that are                                                          
       under $30,000 and I appreciate that and I appreciate you going                                                         
       forward and negotiating that. The other item that was on that                                                          
       particular  Council  meeting  was  the Juneau  Department  of                                                          
       Administration yearly leases for  surplus warehouse costs for                                                          
       $65,000 and there were multiple other high ticket items on the                                                         
       memo dated January 24 for interagency leases; I'm wondering if                                                         
       you  have negotiated those and those will come back before us                                                          
       at  a later time or whether  something else has happened with                                                          
       those leases?                                                                                                          
                                                                                                                              
       TINA  STRONG said  that those  leases do  not fall  under the                                                          
       Alaska  Legislative procurement  procedures because they  are                                                          
       contracts with another State  agency, so those do not require                                                          
       Legislative Council's approval. We  do still negotiate those,                                                          
       but for the most part, like Legislative Budget and Audit, Kris                                                         
       Curtis  takes care  of  her lease,  so each  department would                                                          
    typically take care of their leases under that section.                                                                   
                                                                                                                              
       SENATOR MACKINNON said that  again, this is lease space, it's                                                          
       2825 square feet rented at  $1.92 per square feet for a total                                                          
       of  $65,123.98 and we are storing  furniture, tires for vans,                                                          
      maintenance  supply, lumber, carpet,  packing supplies. I  am                                                           
      just wondering if  we can dispose of some of that lease space                                                           
      so that there is less cost for the State.                                                                               
                                                                                                                              
      TINA  STRONG said that is  our surplus warehouse and  that is                                                           
      very full. I  would be happy to give anyone a tour, but we do                                                           
      have our excess furniture there, which helps us keep costs low                                                          
      for purchasing new furniture. Many staff and legislators have                                                           
      gone out to look through the items out there. We have a binder                                                          
      that has all the items that are out there. Maintenance has all                                                          
      of  their carpet that they use  during their carpet projects.                                                           
      There  is no possible way  at this time that  we could reduce                                                           
      that square footage.                                                                                                    
                                                                                                                              
      SENATOR MACKINNON thank you Mr. Chairman.                                                                               
                                                                                                                              
      CHAIR  KITO said  that  completes the leases.  Thank you  Ms.                                                           
      Strong.                                                                                                                 
                                                                                                                              
 VI. OTHER COMMITTEE BUSINESS                                                                                               
                                                                                                                              
      a.   Policies                                                                                                         
                                                                                                                              
            i. Sexual and Other Workplace Harassment                                                                        
                                                                                                                              
      CHAIR KITO said we do have a document from the Subcommittee.                                                            
                                                                                                                              
      SENATOR  MACKINNON said there are  two documents in  front of                                                           
      you. Did you want to take up the Legal policy first?                                                                    
                                                                                                                              
      CHAIR KITO replied, yes.                                                                                                
                                                                                                                              
      5:03:04 PM                                                                                                            
      VICE  CHAIR STEDMAN moved that  Legislative Council adopt the                                                           
      revised Sexual and Other Workplace Harassment policy.                                                                   
                                                                                                                              
      CHAIR KITO objected for discussion.                                                                                     
                                                                                                                              
      SENATOR   MACKINNON  said   that  she   did  not   prepare  a                                                           
      presentation. This document was distributed to all members of                                                           
      Legislative  Council as  well as  the entire  Legislature. It                                                           
      updates  Alaska's sexual assault workplace harassment policy,                                                           
      it  tells individual staff members where they can  go to make                                                           
      reports,  it   talks  about  confidentiality,  it  creates  a                                                           
      formal/informal reporting  process, it addresses  reports and                                                           
      investigations involving a Legislator and how a Legislator may                                                          
      take  that policy to an outside investigation in consultation                                                           
      with  the Human Resource Department. It has final reports and                                                           
      disciplinary actions, as  well as an  appeals process, and it                                                           
       speaks  to, as  I've said before,  confidentiality and ethics                                                          
       duties and training.                                                                                                   
                                                                                                                              
       CHAIR KITO asked if there were any questions?                                                                          
                                                                                                                              
       REPRESENTAIVE CLAMAN noted that the committee spent many, many                                                         
       mornings early  working on this policy and  we had tremendous                                                          
       assistance from our Personnel Director, Skiff Lobaugh, and the                                                         
       best comments were  what we got from NCSL who said  we have a                                                          
       strong policy and the changes made it much stronger.                                                                   
                                                                                                                              
       CHAIR  KITO  asked  if  there  were  any  other  comments  or                                                          
       questions?                                                                                                             
                                                                                                                              
       REPRESENTATIVE  EASTMAN said his  only  question was have  we                                                          
       gotten public comment to the policy? I haven't heard much from                                                         
       my constituents and I'm curious if the public has been given a                                                         
       copy and we've gotten any input one way or the other.                                                                  
                                                                                                                              
       SENATOR  MACKINNON replied that  this is an  internal working                                                          
       document.  Like a  business,  a business  develops their  own                                                          
       policy.  It certainly has  been on  Gavel to Gavel  for every                                                          
       meeting  recorded and  available  for the  general public  to                                                          
       comment on, as  well as distributed wide with a survey to all                                                          
       those that  are in the Legislature and our staff for comment.                                                          
       And it's been publicly posted.                                                                                         
                                                                                                                              
       CHAIR  KITO said  without other questions,  I will  remove my                                                          
       objection. Are there any other objections to moving the policy                                                         
       forward?                                                                                                               
                                                                                                                              
       SENATOR MICCICHE said  he wanted to point out that  we have a                                                          
       Frequently Asked Questions (FAQ) document which is the result                                                          
       of  the survey that went to every employee that is associated                                                          
       with LAA  if you will. We had numerous comments and questions                                                          
       and  we tried to answer  them, thanks to Skiff  and his team,                                                          
       tried  to  answer them  in  a  way that  points  them to  the                                                          
       different sections of the policy.                                                                                      
                                                                                                                              
       CHAIR  KITO said  with that, the  Sexual and  Other Workplace                                                          
       Harassment policy has been adopted by Legislative Council.                                                             
                                                                                                                              
            ii. Professional Workplace Conduct                                                                              
                                                                                                                              
       5:06:11 PM                                                                                                           
       VICE  CHAIR STEDMAN moved that  Legislative Council adopt the                                                          
       professional Session Workplace Conduct Policy.                                                                         
                                                                                                                              
       CHAIR KITO objected for discussion. Any comments or questions?                                                         
                                                                                                                              
      SENATOR MACKINNON  said what we found out when  we were going                                                           
      through the legal aspects of the policy that we currently had                                                           
      in  place that there were  opportunities for clarity for both                                                           
      staff  and Legislators in  understanding what  is a  safe and                                                           
      professional workplace  environment. And so, to the  best our                                                           
      ability,  we presented  the two  pages before  you  that some                                                           
      consider  broad, but  do discuss  appropriate behavior in  an                                                           
      attempt  to  define,  not  all  inclusively, what  disruptive                                                           
      behavior  would look  like,  what threatening  behavior looks                                                           
      like, what violent behavior looks like, and prohibitive sexual                                                          
      conduct.  It also  speaks to that  retaliation is prohibited.                                                           
      Thank you Mr. Chairman.                                                                                                 
                                                                                                                              
      REPRESENTATIVE EASTMAN said  for the record that  I share the                                                           
      Chairman's concern  that the policy is not  been fully vetted                                                           
      yet. I did discuss it with my staff and my impression, having                                                           
      looked at it briefly, is that it is very one sided. It is very                                                          
      one  sided in terms  of protecting Legislators and protecting                                                           
      staff,  but I don't see the  appropriate balance in taking in                                                           
      for the public and the fact that we do undertake our business                                                           
      on their behalf and they have an interest in this policy.                                                               
                                                                                                                              
      As  a  brief example,  I know  we do  have in  this  policy a                                                           
      statement  with regards to  how making  a false  statement is                                                           
      going  to be prescribed by  this policy and I  know there are                                                           
      many  statements that are made every day in  this body, or in                                                           
      this building, which some of us might view as true and factual                                                          
      and others of us might view, for our political perspective, as                                                          
      inaccurate and not factual. By way of two personal experiences                                                          
      this  Session,  I  know  one  member  of  leadership  got  to                                                           
      complimenting other members on the floor about how average we                                                           
      all  look, lest there be an interpretation that somehow there                                                           
      was  something subjective or  inappropriate in  commenting. I                                                           
      think that was  just in response to the fact that there are a                                                           
      lot of things that are subjective that this policy touches on.                                                          
      I  know in  my  own personal experience  this session, I  was                                                           
      spoken with by leadership after I asked another Representative                                                          
      why  it  was  they voted  a  particular way  on  a particular                                                           
      measure.  I was told  that was kind  of a  form of harassment                                                           
      because that might be intimidating if I voted a different way                                                           
      and  was asking someone why it was  they voted the other way,                                                           
      perhaps they could  be taking that in the wrong manner, other                                                           
      than what it was intended. So if our job is to be asking hard                                                           
      questions, certainly there is tact and a good way to ask hard                                                           
      questions, but I fear that by not putting the public interest                                                           
      squarely  in  the  document,  that  we could  fail  to  allow                                                           
      Legislators to ask some of the hard questions that the people                                                           
      sent us here to ask. Thank you.                                                                                         
                                                                                                                              
       CHAIR KITO  added that I do think trying to address workplace                                                          
       civility is an extremely important discussion. I do think that                                                         
       this document is a step in the right direction, but in my view                                                         
       I think there a lot of other things that the Legislature needs                                                         
       to  do in order to promote workplace civility and  I do think                                                          
       there  might   be  some  opportunities  within  our  existing                                                          
       policies, or even to look at all of our policies, and consider                                                         
       additional  policies.  That  is  why I  was  requesting  that                                                          
       civility  be discussed as  a separate working group.  I don't                                                          
       have any  problem specifically with the information presented,                                                         
       I just do think there is a lot more to it than doing this and                                                          
       I hope that this does not become the only opportunity we have                                                          
       to  address workplace civility,  because there  are a  lot of                                                          
       other things I do believe we could do. With that I will remove                                                         
       my objection.                                                                                                          
                                                                                                                              
       SENATOR MICCICHE requested an  opportunity to chat about this                                                          
       just for a moment. What this document says is that we expect a                                                         
       safe  and  respectful workplace  and  this  does include  the                                                          
       public. It is Legislators, legislative employees, interns, and                                                         
       third  parties that are  in the  building and, frankly,  I am                                                          
       obviously  not  going to  point out  any  specific incidences                                                          
       through the years, but it is a  gap. We have a gap. We have a                                                          
       gap in our existing policies. Is it perfect? Probably not. Let                                                         
       me   give  you  an   example  of  some   of  the  prohibited,                                                          
       unprofessional conduct and you can tell  me if you think it's                                                          
       appropriate  in this  document: workplace  harassment; sexual                                                          
       harassment; disruptive behavior; threatening behavior; violent                                                         
       behavior;  and prohibited sexual  conduct. All of  these have                                                          
       been issues.                                                                                                           
                                                                                                                              
       These are basic expectations in the workplace that every other                                                         
       workplace has in policy, in code, and we expect the same level                                                         
       of behavior here. If there is something in here that needs to                                                          
       be improved, and I think there probably is in time, but I will                                                         
       tell  you that we spent a significant amount of  time on this                                                          
       document, it  is the basic expectations of  operating in this                                                          
       building for everyone. We put Legislators on equal footing, we                                                         
       expect the same out of them. People should not operate, and I                                                          
       can  tell  you  right  now,  I  am  not  one  who  is  easily                                                          
       intimidated, but I  expect a certain level of professionalism                                                          
       and  courteous behavior and that  is what this basic  one and                                                          
       half page document covers, and it goes no further than that. I                                                         
       certainly  invite improvements in  the future as  people have                                                          
       suggestions, but I support this level at this point.                                                                   
                                                                                                                              
       REPRESENTATIVE CLAMAN  began to  comment, but an  at-ease was                                                          
       called.                                                                                                                
                                                                                                                              
      5:12:49 PM                                                                                                            
      CHAIR KITO called a brief at-ease.                                                                                      
                                                                                                                              
      5:13:02 PM                                                                                                            
      CHAIR KITO  said he actually removed his objection. Are there                                                           
      additional  objections or  are  you just  wanting to  provide                                                           
      comment?                                                                                                                
                                                                                                                              
      REPRESENTATIVE CLAMAN  said he had  wanted to make  a comment                                                           
      before you removed your objection.                                                                                      
                                                                                                                              
      CHAIR  KITO reinstated  his objection so  that Representative                                                           
      Claman can comment.                                                                                                     
                                                                                                                              
      REPRESENTATIVE CLAMAN said this also  got a lot of discussion                                                           
      in the committee and it was actually an area that the National                                                          
      Conference  of State Legislatures (NCSL)  recommended that we                                                           
      have  both  a legal  policy and  a  conduct policy  and their                                                           
      comments on this  was that it was an improvement over what we                                                           
      have today, which would make sense, because currently we don't                                                          
      have  any conduct policy and so I  broadly think this is good                                                           
      work and we should support approving this. Thank you.                                                                   
                                                                                                                              
      CHAIR  KITO  removed  his  objection.  Are  there  any  other                                                           
      objections to movement of the civility policy? Seeing none the                                                          
      policy is approved.                                                                                                     
                                                                                                                              
          iii. Per Diem policy                                                                                              
                                                                                                                              
      The  next item before  us is the  Per Diem policy and  I have                                                           
      provided a  memo and will provide a  brief discussion where I                                                           
      ended up coming from and where I do believe we should go, not                                                           
      that I am expecting support at this point.                                                                              
                                                                                                                              
      Starting  last Fall, I  was dealing with  the Alaska Officers                                                           
      Compensation Commission, they provided several recommendations                                                          
      and ultimately ended up with a recommendation that reduced the                                                          
      Juneau Legislator or the Legislators within fifty miles of the                                                          
      Capital  from receiving per  diem. The more  I looked  at the                                                           
      issue,  the more  I realized  that there  was an  inequity in                                                           
      compensation  that was  not  addressed by  the  Alaska Salary                                                           
      Compensation Commission. In my memo, I reference AS 39.23.580                                                           
      that  says  it is  the  policy  of the  Legislature that  the                                                           
      Commission   recommend  an   equitable   rate   in  form   of                                                           
      compensation, benefits and allowances for Legislators. As the                                                           
      Alaska   Salary  Compensation  Commission  did   not  address                                                           
      equitability, I felt compelled to do a review of equitability                                                           
      for  compensation  and have  provided  a  recommendation that                                                           
       appears  before you  in this memo  that addresses  the Salary                                                          
       Compensation Commission  discussion of removing per  diem for                                                          
       Juneau  Legislators, it also  addresses a  change that is  in                                                          
       process  right now, which is  suggesting that the Legislature                                                          
       receive a  flat per diem annually, and  it also addresses the                                                          
       additional  issue  of   compensation for   per  diem  when  a                                                          
       Legislator is only in  the Capital city or in the location of                                                          
       the meeting place to receive that per diem.                                                                            
                                                                                                                              
       This memo was quite difficult for me to put together because I                                                         
       knew I  would make 59 enemies in this body, but I felt as the                                                          
       Chair  of Legislative Council, in order to try  and make sure                                                          
       that,  and it  doesn't apply  to me  as  I have  decided very                                                          
       clearly  that I am  not going to  continue my service  in the                                                          
       Legislature,  but the  situation  as it  rests  is infinitely                                                          
       inequitable to  those Legislators that are currently residing                                                          
       in  Juneau, therefore I felt compelled to bring this issue of                                                          
       per  diem before the Legislative Council. Legislative Council                                                          
       certainly has  the ability in this case  to choose whether or                                                          
       not to support my recommendation moving forward or not support                                                         
       my  recommendation moving forward, but because I am the Chair                                                          
       of   Legislative  Council,  I   have  the  ability   and  the                                                          
       responsibility  to  put  policies  forward that  provide  for                                                          
       equitability of  compensation, I felt compelled to  move this                                                          
       memo to Legislative Council for consideration. I would like to                                                         
       open it up to any discussion, if there is any discussion.                                                              
                                                                                                                              
       REPRESENTATIVE GUTTENBERG  said he  introduced legislation in                                                          
       this  Legislature to  disapprove of  the  salary commission's                                                          
       recommendations  because their  reasoning was  irrational and                                                          
       poor public policy. I listened to two of their meetings and it                                                         
       was  some of the  least thoughtful, comprehensive, and public                                                          
       debate I  have heard in any body  that was charged with doing                                                          
       the  public's duty. Because of that  I introduced the statute                                                          
       which   is  what  is  required  to   not  accept  the  salary                                                          
       commission's  recommendations. There  is  a  long and  larger                                                          
       dialogue to go forward if we were to do these recommendations                                                          
       from you Mr. Chair. This is as inequitable as anything else I                                                          
       have  seen. There are  lots of conversations between  what it                                                          
       takes to maintain homes, what it takes to maintain distances.                                                          
       It's  not just  between Juneau and  everyone else,  there are                                                          
       considerable calculations built into what it  costs to not be                                                          
       in Juneau, besides what the per diem might be to rent a house                                                          
       or an apartment or bring your car down here, so I am not going                                                         
       to  be supporting this. This is a much larger dialogue. There                                                          
       are things that needed to be built into the calculation as to                                                          
       what is fair. For two years I represented a district that came                                                         
       out of the coast, came out of Fairbanks and went to the coast,                                                         
       I  had  to fly  to  Anchorage, to  Bethel, and  get on  local                                                          
      commuter  flights all  over  that area.  Responsibilities for                                                           
      having  a  district  so  far  fetched, so  far  and  wide  is                                                           
      inherently unfair  to people who live in  the urban areas. So                                                           
      there  is a much larger  conversation between Juneau and just                                                           
      everybody else.  If we want to  have a conversation about the                                                           
      differences and  what is fair, then we  should have that, but                                                           
      this does not represent that. I am not going to be supporting                                                           
      the motion at this time.                                                                                                
                                                                                                                              
      SENATOR  HOFFMAN stated that the Legislature set  up a salary                                                           
      commission. That commission is responsible for recommending to                                                          
      the Legislature salary and salary structure. When we set that                                                           
      up  as a body, it was not the salary and per diem commission.                                                           
      Obviously,  the salary commission  has addressed it.  I don't                                                           
      think it  was their purview to make any recommendations, they                                                           
      can  make suggestions if they want to, but  that was never an                                                           
      issue that was allowed by law. It is the right of this body to                                                          
      review per diem  and set the standards and I believe you as a                                                           
      Chairman can make those recommendations, but I also agree with                                                          
      Representative Guttenberg. The proposal that is  set forth is                                                           
      not equitable. Many people here have to maintain their homes.                                                           
      Everyone  realizes, I think Representative Guttenberg alluded                                                           
      to  it, that maintaining a  home in rural  Alaska compared to                                                           
      maintaining a home in Anchorage, Fairbanks, or Juneau is much,                                                          
      much  different.  I  am not  suggesting  there should  be  an                                                           
      adjustment for those in rural Alaska, but for individuals that                                                          
      are getting per diem, it is to replace the cost of what we are                                                          
      expending in  our homes back home. We  have to be compensated                                                           
      for  the housing that is down here, maintaining basically two                                                           
      homes.  When you look  at it from  that perspective, everyone                                                           
      needs to  take that into consideration and to have a seventy-                                                           
      five percent reduction if we ended up dealing with this and we                                                          
      ended up in a special session, hotel costs down here are going                                                          
      to  run us anywhere from $130-$200. In many instances, we are                                                           
      not the ones that are brought down here. The Governor calls us                                                          
      into Special Session and we  have to be down here. But for us                                                           
      to  consider  something to  the magnitude  of  a seventy-five                                                           
      percent reduction is  wrong. If this council wants to discuss                                                           
      the  issue of  per diem and  what level or  whether or  not a                                                           
      fifty-mile radius is  adequate, this council should do it and                                                           
      that  would fall under our purview, but  basically we need to                                                           
      look at  the policy and what is a fair policy for all members                                                           
      of the Legislature.                                                                                                     
                                                                                                                              
                                                                                                                              
      5:23:08 PM                                                                                                            
      CHAIR KITO called a brief at-ease.                                                                                      
                                                                                                                              
      5:23:22 PM                                                                                                            
                                                                                                                              
       CHAIR KITO added that  he did do research with respect to the                                                          
       authority  of  the  Alaska Salary  Compensation or  Officers'                                                          
       Compensation  Commission and  they  have  broad authority  in                                                          
       statute  actually to  set  compensation, per  diem, allowable                                                          
       account, anything that a  Legislator is entitled to receive -                                                          
       the  Compensation  Commission has  the  authority to  provide                                                          
       recommendations on and those recommendations will take effect                                                          
       unless  the Legislature reacts  in the negative  within sixty                                                          
       days of the start of session, so I do understand theoretically                                                         
       that they should be dealing with compensation, but in reality                                                          
       they deal with everything.                                                                                             
                                                                                                                              
       In  my review of the compensation, one of the things, I think                                                          
       just  off the top, a ninety  day session, currently, with the                                                          
       Salary   Compensation   Commission   recommendations   Juneau                                                          
       Legislators are  receiving $18,000 plus less  than they would                                                          
       have  before. all other legislators receive $24,000 in ninety                                                          
       days for per diem. That does seem a bit on the excessive side                                                          
       for being able to maintain two households, so it does not seem                                                         
       equitable. And when pressed with respect to the Department and                                                         
       the  Governor and oversight of the Compensation Commission in                                                          
       their  keeping with the policy of  the Legislature to provide                                                          
       equitable compensation no action took place, so I am bringing                                                          
       this  forward  to  Legislative Council  to  provide for  some                                                          
       discussion of equitability with respect to compensation.                                                               
                                                                                                                              
       SENATOR  STEDMAN stated he does not  support this proposal in                                                          
       front  of  us.  There  will  be  another one  following  this                                                          
       discussion  for us  to  consider. Clearly we  have  an issue.                                                          
       Historically, in this building when we had easy access to some                                                         
       of our colleagues that were financially strapped and made them                                                         
       susceptible to behavior that is unbecoming of a Legislator and                                                         
       we've  seen that in the  press and in the  courts. Going down                                                          
       this road I  think will help put us in the same position that                                                          
       we  came from  several years ago  when we  had Veco  Bill and                                                          
       company in the building. There are sixty of us, they only have                                                         
       to find  a couple weak targets. As we all know it's easier to                                                          
       stop stuff than move issues.                                                                                           
                                                                                                                              
       I  do not  support this.  I think the  issue of  singling out                                                          
       Juneau is problematic. I think the fifty mile radius could hit                                                         
       other communities around Juneau where you would still have to                                                          
       come, like Hoonah, if you had to come from Hoonah. If you live                                                         
       in Hoonah or you live in Bethel, you still have to relocate to                                                         
       Juneau, you  can't drive to Hoonah every  night. We have some                                                          
       issues I think to sort out here at the Committee over the next                                                         
       several  months, through the summer and maybe  into the fall,                                                          
       and get this addressed. But I cannot Mr. Chairman support such                                                         
      a  draconian policy that I think will weaken the stability of                                                           
      the  Legislature  immensely  and  we  deal with  hundreds  of                                                           
      millions and in the billions of dollars in decisions. We need                                                           
      to have and be  able to attract middle-aged men, like yourself                                                          
      Mr. Chairman, with a  family. Not guys my age that are closer                                                           
      to  the geezer patrol on the  end of the age  section, but we                                                           
      have  made  it very  difficult  for working  families in  the                                                           
      thirties,  forties and fifties that  have come to  Juneau and                                                           
      participate in the democratic process. We need to take some of                                                          
      that  into account Mr. Chairman,  so I will  not support your                                                           
      action  and like  I mentioned, there  will be  another motion                                                           
      following  this  to  help deal  with  this  just for  members                                                           
      information.                                                                                                            
                                                                                                                              
      CHAIR KITO  stated he did understand that and respect that. I                                                           
      guess one of  the things I really want to be very clear about                                                           
      is given the current Officers Compensation Commission decision                                                          
      and the Legislators that will be coming in representing Juneau                                                          
      starting in January, I worry that what we have established now                                                          
      becomes the  new normal and that there will not be motivation                                                           
      from 57 other Legislators to address an issue of inequity for                                                           
      Juneau and I  do fear, and the reason I brought this forward,                                                           
      again  not because of myself, but because I  fear that Juneau                                                           
      will end up short. As you had mentioned Senator Stedman about                                                           
      the  concerns over inadequate compensation and  making people                                                           
      vulnerable to corruption, we just created a similar situation                                                           
      like that for Juneau legislators, no other Legislators. To me                                                           
      that  is not equitable and this committee has  the ability to                                                           
      address per diem in order to make compensation more equitable                                                           
      and  I wanted  to give  this committee  that choice.  If that                                                           
      choice is to vote in the negative, then that is certainly the                                                           
      choice of members of this committee.                                                                                    
                                                                                                                              
      SENATOR MICCICHE stated he did have a comment, but do we have                                                           
      a motion on the table?                                                                                                  
                                                                                                                              
      CHAIR KITO stated he will be asking for a motion.                                                                       
                                                                                                                              
      5:29:17 PM                                                                                                            
      CHAIR KITO moved that Legislative Council Policy on Travel and                                                          
      Per  Diem to  reduce per  diem for  Legislators living within                                                           
      fifty  miles  of  their  primary  residence to  zero,  and  a                                                           
      reduction of  per diem to  twenty-five percent of the Federal                                                           
      winter rate  and that Legislators who are not in the Capital,                                                           
      or  the meeting  site location, during  a regular  or special                                                           
    session would not be entitled to receive that per diem.                                                                   
                                                                                                                              
      SENATOR STEDMAN objected.                                                                                               
                                                                                                                              
       CHAIR KITO asked if there were any comments?                                                                           
                                                                                                                              
       SENATOR MICCICHE said he just wondered what is the question we                                                         
       are addressing? I feel like the question is, respectfully, how                                                         
       do we get back at the other 57? The reason I bring that up is                                                          
       the  question should be what is a  fair rate that compensates                                                          
       Legislators for  their expenses while serving, the definition                                                          
       of  per diem. I worry about the unintended consequences here.                                                          
       What a rate like this does is it attracts the wealthy and the                                                          
       destitute, and no one in between. I want it to be available to                                                         
       all Alaskans, no matter what their financial situation may be.                                                         
                                                                                                                              
       I  agree that we probably don't have it  right, but we talked                                                          
       about putting together a working group on evaluating what is a                                                         
       better system of per diem. We talked about it, but you brought                                                         
       this  forward without that result. I think the  result in the                                                          
       other policy we  just passed was a good result, we had people                                                          
       from both bodies, both  genders, representing different groups                                                         
       that  came together in a pretty good  policy. I would propose                                                          
       that  we, we may have another change here,  but still for the                                                          
       longer  term Mr.  Chairman, I  would  propose that  we put  a                                                          
       diversified  working  group together  that  can be  a  public                                                          
       discussion  that  avoids those  unintended  consequences that                                                          
       results in an adequate system of compensating Legislators for                                                          
       their expenses.                                                                                                        
                                                                                                                              
       CHAIR  KITO responded to Senator Micciche,  with due respect,                                                          
       we've  actually  given  that  responsibility  to  the  Salary                                                          
       Compensation Commission and  that's a challenge for us  to do                                                          
       something  that  would  be  different than  that,  unless  we                                                          
       considered statutory changes and I had not seen the desire to                                                          
       work on a statutory change to address compensation commission.                                                         
                                                                                                                              
       SPEAKER EDGMON said the he does not support the motion either.                                                         
       I do recognize the genesis of your concerns and I would go so                                                          
       far  as  to say  the Salary  Commission I  think  having been                                                          
       somewhat reconstituted in the last few months with a couple of                                                         
       Legislators as part of a five member commission I think brings                                                         
       forward,  certainly has the  opportunity to bring  forward, a                                                          
       more balanced viewpoint and I would also go as far as to echo                                                          
       your  comments, put it  in my own  terms, I thought  that the                                                          
       Salary Commission that  made the recommendation to remove per                                                          
       diem  for  Juneau, essentially  acted in  a  punitive manner.                                                          
       That's  my comments and I  think to echo what  the Vice Chair                                                          
       said,  it  is  highly  problematic and  I  hope  we,  as  the                                                          
       Legislative body  with appropriating powers, can do something                                                          
       about  that so that we  make it more equitable  for the three                                                          
       Juneau  Legislators, vis--vis  what the  other 57 Legislators                                                          
       are receiving.                                                                                                         
                                                                                                                              
      I would hope that this discussion today, which to me, again to                                                          
      join  in to what  others have said, is  sort of coming  at us                                                           
      pretty quickly here at the latter part of the session without                                                           
      sort  of the benefit of having the deliberative process built                                                           
      around it, which I would definitely be supportive of for going                                                          
      forward, but  that this discussion still serves to inform the                                                           
      Salary Commission and  future deliberations of their own that                                                           
      they should take another look at rates for Juneau Legislators.                                                          
      I strongly believe that. So for those reasons I can't support                                                           
      the motion before us, I think it came too quickly and without                                                           
      the benefit of us being able to really look into this. I would                                                          
      certainly support going  forward looking into the matter, but                                                           
      in a more comprehensive way.                                                                                            
                                                                                                                              
      CHAIR KITO said he would just like to add one more item on the                                                          
      Salary Compensation Commission. One of  the things I did look                                                           
      at  when I  reviewed the  Salary Compensation  Commission was                                                           
      their actions  in regard to compensation and up until January                                                           
      of   this  year,  the  Compensation  Commission  provided  no                                                           
      recommendations  on Legislative compensation  one way  or the                                                           
      other. On  two separate occasions, the Compensation Commission                                                          
      has  recommended increases to  executive salaries. On  one of                                                           
      those cases, the increase was accepted and the other case the                                                           
      increase was rejected by our chief executive, but never in the                                                          
      last  three times that the  Compensation Commission met since                                                           
      their  first  decision  increasing  Legislative  salaries  to                                                           
      $50,400 in 2008 or 2009 session, had they ever even discussed                                                           
      compensation of Legislators. They did  not discuss it at all.                                                           
      So that is a  concern to me. They are not adequately reviewing                                                          
      compensation and  trying to make  an informed decision  and I                                                           
      felt  compelled to respond. With  that I will  keep my motion                                                           
      active and I think we still have an objection.                                                                          
                                                                                                                              
      A roll call vote was taken.                                                                                             
                                                                                                                              
      NAYS:  Claman,  Edgmon, Guttenberg,  Millett,  Ortiz, Stutes,                                                           
      Coghill, Giessel, Hoffman, Kelly, MacKinnon, Micciche, Stedman                                                          
                                                                                                                              
      YAYS: Kito                                                                                                              
                                                                                                                              
      With 13 nays, one yay, the motion has failed.                                                                           
                                                                                                                              
      5:36:29 PM                                                                                                            
      SENATOR STEDMAN made a motion that we set the per diem rate at                                                          
      the  Federal winter rate $275  for the Second  Session of the                                                           
      Thirtieth Legislature.                                                                                                  
                                                                                                                              
       To explain, that would match our budget and we would not have                                                          
                                                  st                                                                          
       a  bump up  to the  summer rates  on May  1.  So  we  hold it                                                          
       constant at the winter rate.                                                                                           
                                                                                                                              
       CHAIR KITO asked if  there was any objection to the motion as                                                          
       stated. Seeing none, the motion passes.                                                                                
                                                                                                                              
 VII. EXECUTIVE SESSION                                                                                                     
                                                                                                                              
       5:37:15 PM                                                                                                           
       SENATOR  STEDMAN  moved  that  Legislative  Council  go  into                                                          
       executive  session  under  uniform  rule  22(b)(2)  and  (3),                                                          
       discussion  of  subjects and  matters that  may,  by law,  be                                                          
       required to be confidential.                                                                                           
                                                                                                                              
       Any  Legislators not on the Council are  welcome to stay. The                                                          
       following  staff may  stay in the  room: Jessica  Geary; Doug                                                          
    Gardner; Crystal Koeneman; David Scott and Randy Ruaro.                                                                   
                                                                                                                              
       The motion passed without objection.                                                                                   
                                                                                                                              
       Legislative Council went into executive session.                                                                       
                                                                                                                              
       5:58:37 PM                                                                                                           
       Legislative Council came out of executive session.                                                                     
                                                                                                                              
VIII. ADJOURNMENT                                                                                                           
                                                                                                                              
       CHAIR  KITO  said  with  no  other  business to  come  before                                                          
    Legislative Council we will stand adjourned. Thank you.                                                                   
                                                                                                                              
       5:58:37 PM                                                                                                           

Document Name Date/Time Subjects
180423 Agenda.pdf JLEC 4/23/2018 4:30:00 PM
JLEC 042717 417 PM.doc JLEC 4/23/2018 4:30:00 PM
JLEC 062017 1247 PM.doc JLEC 4/23/2018 4:30:00 PM
JLEC 051817 853 AM.doc JLEC 4/23/2018 4:30:00 PM
JLEC 081717 1202 PM.doc JLEC 4/23/2018 4:30:00 PM
JLEC 0412-1317 700 AM.doc JLEC 4/23/2018 4:30:00 PM
JLEC 020318 950 AM.doc JLEC 4/23/2018 4:30:00 PM
JLEC 021518 1203 PM.doc JLEC 4/23/2018 4:30:00 PM
JLEC 032817 709 AM.doc JLEC 4/23/2018 4:30:00 PM
Bethel Office Space.pdf JLEC 4/23/2018 4:30:00 PM
Juneau Storage at Goldstein.pdf JLEC 4/23/2018 4:30:00 PM
Ketchikan Office Space.pdf JLEC 4/23/2018 4:30:00 PM
Kodiak Office Space.pdf JLEC 4/23/2018 4:30:00 PM
Office of Victims' Rights.pdf JLEC 4/23/2018 4:30:00 PM
Ombudsman's Anchorage Office Space.pdf JLEC 4/23/2018 4:30:00 PM
Lawmaker's Roundup - March 2018.pdf JLEC 4/23/2018 4:30:00 PM
Legislative Skits 2018.pdf JLEC 4/23/2018 4:30:00 PM
Juneau's Got Talent - April 7, 2018.pdf JLEC 4/23/2018 4:30:00 PM
REACH 40th Anniversary Party 2018.pdf JLEC 4/23/2018 4:30:00 PM
Sham Jam-126012056-0001.pdf JLEC 4/23/2018 4:30:00 PM
Thanksgiving in March 2018.pdf JLEC 4/23/2018 4:30:00 PM
The Canvas at REACH Dinner January 2018.pdf JLEC 4/23/2018 4:30:00 PM
The Silver Gala - Flying Through Time.pdf JLEC 4/23/2018 4:30:00 PM
Catholic Community Gala February 2018.pdf JLEC 4/23/2018 4:30:00 PM
Girl Scouts of Alaska Annual Fundraiser - February 10, 2018.pdf JLEC 4/23/2018 4:30:00 PM
Haven House - March 22, 2018.pdf JLEC 4/23/2018 4:30:00 PM
JLO Gala.pdf JLEC 4/23/2018 4:30:00 PM
Legal Memo - Interns.pdf JLEC 4/23/2018 4:30:00 PM
Professional Workplace Conduct Policy Outline - FINAL DRAFT.pdf JLEC 4/23/2018 4:30:00 PM
Sexual and Other Workplace Harassment Policy - FINAL DRAFT.PDF JLEC 4/23/2018 4:30:00 PM
FAQ for DRAFT SOWH Policy - Legal updated.pdf JLEC 4/23/2018 4:30:00 PM
180420 Leg Council Travel and Per Diem Policy memo.pdf JLEC 4/23/2018 4:30:00 PM
10.51 LEGISLATIVE COUNCIL TRAVEL AND PER DIEM POLICY DRAFT.pdf JLEC 4/23/2018 4:30:00 PM
4_17_18_CCMotionSheet LEG.pdf JLEC 4/23/2018 4:30:00 PM