Legislature(2017 - 2018)Anch LIO Conf Rm
08/16/2017 08:30 AM Senate SELECT COMMITTEE ON LEGISLATIVE ETHICS
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ALASKA STATE LEGISLATURE
SELECT COMMITTEE ON LEGISLATIVE ETHICS
AUGUST 16, 2017
8:30 AM
8:30:51 AM
Committee Members Present:
Senator John Coghill (Teleconference)
Senator Dennis Egan (Teleconference)
Representative David Eastman
Representative Chris Tuck
Dennis "Skip" Cook
Conner Thomas
Joyce Anderson
Deb Fancher
Lee Holmes
Others Present:
Dan Wayne LAA Legal (Teleconference)
Jerry Anderson, Administrator
Janice Stewart, Administrative Assistant
1. CALL THE MEETING TO ORDER:
The meeting was called to order by Chair Conner Thomas at
8:35am. Nine members were present, therefore the
committee had a quorum to conduct business. Chair Thomas
asked that members identify themselves when speaking for
the benefit those listening.
2. WELCOME NEW LEGISLATORS:
Chair Thomas welcomed new legislator Representative David
Eastman to the committee.
3. WELCOME NEW PUBLIC MEMBERS:
Chair Thomas welcomed new public members Joyce Anderson,
Deb Fancher and Lee Holmes to the committee.
4. APPROVAL OF AGENDA
A motion to approve the agenda was made by Member Lee
Holmes. No objection. Minutes approved.
5. APPROVAL OF MINUTES:
a. August 18, 2016 Full Committee Minutes
Motion to approve by Skip Cook. No Objection. Minutes
approved.
b. August 18, 2016 House Subcommittee Minutes
Motion to approve by Skip Cook. No objection. Minutes
approved.
c. August 18, 2016 Senate Subcommittee Minutes
Motion to approve by Skip Cook. No objection. Minutes
approved.
6. PUBLIC COMMENT: No public comment.
7. ELECTION OF COMMITTEE CHAIRS FOR 2017-2018:
Chair Thomas noted that normally this item would be dealt
with at the beginning of the year but due to public
member vacancies elections had been delayed. Committee
chairs and vice-chairs must be public members.
Historically, members have determined who was willing to
serve in the various roles as committee chairs. The
public members had discussed the possibilities, and
Thomas proposed the following slate:
House Chair: Skip Cook
House Vice-Chair: Joyce Anderson
Senate Chair: Conner Thomas
Senate Vice-Chair: Lee Holmes
A motion to approve the full slate was made by Lee
Holmes. There was no objection. The motion carried.
Chair Thomas noted that the Senate Chair also chairs the
full committee in odd years, and the House Chair will
chair the full committee in even years. Conner Thomas
will remain chair of the full committee for 2017, and
Skip Cook will chair the full committee in 2018.
8. CHAIR AND STAFF REPORT:
a. Comments from Administrator
No comments.
b. Informal Advice Staff Report
Jerry Anderson, Administrator, gave a brief explanation
of informal advice given at the end of 2016, noting that
advice is confidential and no names or identifying
information is contained in the staff report. It is a
record of informal advice given over a period of time.
The committee is provided the information and opportunity
to comment, ask questions, and correct errors. He asked
for comments.
Member Joyce Anderson had a comment on page 15, the
question referencing walking a district or going door-to-
door: "A staffer who volunteers on non-government time
to walk in the district and distribute the same
newsletter is also not restricted from this activity."
She wished to clarify that legislative staffers are
allowed to do so on government time if there is a
legislative related purpose. They may volunteer, but a
staffer is allowed to perform this activity on government
time since it is related to legislative purpose and not
for campaign purposes.
Jerry Anderson thanked Joyce for her comments. He
clarified that legislative staffers cannot go door to
door for campaign purposes while on government time, or
mix campaign and legislative business, but they are
allowed to distribute newsletters if campaigning is not a
part of the activity.
Representative Eastman asked about question 2 on page one
regarding primary elections. Independents don't have a
primary election and were not referenced in the answer.
Were they not referenced because it would not apply to
those candidates even though they were running for
election that year?
Administrator Jerry Anderson replied that that would be a
different question than what was asked and might require
more extensive analysis. The question of when is a
person a candidate and are they in that campaign period
is different where it is an independent because they are
not on the ballot.
Joyce Anderson commented that it was determined by the
committee at an earlier date that even though you are not
a candidate in the primary, you are still a candidate, so
all rules apply.
Conner Thomas noted that for new members understanding,
the informal advice is generated by people calling and
asking Jerry Anderson questions. The main purpose that
this committee serves is to provide advice to people.
The committee wants them to ask questions before the
problems arise. They are encouraged to call, and the
Administrator provides an answer which is documented.
Informal advice given by staff is set up by AS 24.60.158.
There is specific statutory authority as well as in the
Rules of Procedures about what informal advice may or may
not be given. For example, the Administrator cannot give
informal advice on the action of another. Specific rules
have been developed through the committee in regard to
the informal advice.
Chair Thomas asked if any word had been received
regarding an alternate public member. Jerry Anderson
replied that notice of a vacancy had been sent to the
Chief Justice, but no appointment had been made at this
time.
c. Ethics Training
Jerry Anderson explained that ethics training is
mandatory in odd years for all legislative employees. In
2016, 203 legislative employees were trained. To date,
(2017) 560 legislative employees have been trained, 26 of
them online. Thirteen sessions were held in January and
early February.
The committee's Rules of Procedure allow staff to provide
additional trainings. The ethics office has been
approached by the House and Senate Rules chairs to
provide training in October focusing on campaigning and
elections since odd-year training does not provide an in-
depth look at campaign rules and restrictions on
legislators and their staff. The Administrator is also
planning to offer regular ethics training in January for
new employees, as well as training about campaigning and
elections for legislators and legislative employees who
might be interested. Jerry Anderson asked if there were
comments regarding specific, campaign related training
both in October and January.
Skip Cook commented that it was great idea and very
timely.
Representative Eastman wondered if it would be the same
campaign/elections training offered in October. Any
specific dates?
Jerry Anderson replied that it would be the same training
in October and January and would focus solely on campaign
and election issues such as use of state office computers
and timeframe for sending out newsletters. Specific
dates are yet to be determined.
Joyce Anderson agreed it was a great idea. She asked if
the training might include campaign chairs since they are
working closely with the legislators and often call the
ethics office for rules and advice.
Jerry Anderson expressed a concern that providing
training for campaign chairs goes outside scope of the
Legislative Ethics Act. However, they are a relevant
group.
Skip Cook asked if the training would be provided
Statewide.
Jerry Anderson replied that the intention is to provide
it telephonically as well as face-to-face, so remote
employees can participate. Joyce Anderson asked if it
would be available to anyone who wanted to participate,
or limited to legislative employees. Jerry Anderson
replied that it would most likely be restricted to
legislative employees, but if campaign chairs wanted to
call in they could be listed as approved callers. The
call-in list would be controlled similar to that of an
executive session. The ethics office is authorized to
provide training as needed.
d. Ethics Disclosures
Jerry Anderson summarized the 2016 disclosure numbers
provided in the packet. There was a total of 456
disclosures. He also reviewed historical comparisons for
2013 - 2106. Variations in numbers often depend on
whether it is an election or non-election year. Numbers
were also provided for the annual disclosures ending in
mid-February, and all disclosures through June 30, 2017.
A complete listing of all disclosures for 2017 is posted
on the ethics website. A new format has been developed
whereby submissions for each type of disclosure are
listed alphabetically by last name. Staff continue to
work towards the development of a searchable report
whereby a particular name queried would generate a list
of all disclosures for that name from all appropriate
categories, instead of having to search by type of
disclosure.
Conner Thomas noted that there were fewer
Travel/Hospitality disclosures in 2016. Jerry Anderson
replied that the decline was most likely in response to
the fiscal situation and it being an election year.
Joyce Anderson had a question regarding Close Economic
Association (CEA) disclosures for those leaving office.
Both parties must file an annual disclosure if it is a
new association or ongoing until the beginning of
session. She noted that two outgoing legislators had not
disclosed and wondered if they had been contacted. Jerry
Anderson replied that they had been contacted.
e. COGEL Conference Report
Jerry Anderson explained that COGEL stands for the
Conference of Government Ethics Laws.
Conner Thomas commented that the COGEL conference was
held in New Orleans in December of 2016. It was a very
informative and well-organized conference. Jerry
Anderson directed committee members' attention to the
materials provided in their packets which included the
blue book which provided information on nationwide ethics
issues and how individual states are handling those
issues. The newsletter provided a compilation of state
activities and comparison nationwide issues in addition
to other COGEL activities.
Information for the 2017 conference, to be held in
Toronto, Canada, was provided to committee members.
Chair Thomas urged new members to attend.
f. Statutory Publications
Members were provided with copies of the 2016
publications containing advisory opinions and complaint
decisions.
A discussion ensued regarding how many copies should be
printed. It was agreed that each legislative office and
the library should receive hard copies rather than
continuing with a large-scale distribution. The
information is also available online, and most users
appear to access the online version.
Chair Thomas asked about Standards of Conduct Handbooks.
Jerry Anderson responded that a revision in the statute
required a new version. Distribution was delayed due to
problems with the Lexis/Nexis official publication of the
Alaska Statutes. Distribution did not occur during
ethics training but immediately thereafter. Each
Legislative office received a hardcopy, as well as the
library. Additional copies were left at the personnel
office to be handed out to new employees and others who
wished to have a hard copy. Jerry Anderson asked if the
ethics office should continue this limited distribution
or return to a full distribution. The full handbook is
also online.
The general consensus was that limited distribution was
sufficient and saved money.
g. Legislative Update
Copies of bills currently pending that relate to the
Legislative Ethics Act were included in the committee
packets. The administrator had no comments regarding the
legislation. The information was included so members
were aware of pending legislation.
Joyce Anderson asked what changes were made to the
statute in 2016. Jerry Anderson replied that SB 24
changed the Ethics training requirements for legislative
contractors and consultants. They no longer receive
ethics training. Other restrictions and requirements
remain the same.
Joyce Anderson pointed out for new members that the
committee has a role in recommending new legislation. It
can be a complicated process, but is sometimes necessary.
h. Contract Renewals
Jerry Anderson requested approval for two independent
contracts: one for outside counsel Brent Cole and one
for independent investigator Monique Rapuzzi. Typically,
an outside counsel is used to work on issues that cannot
be done from within the ethics committee or LAA Legal due
to conflicts. The previous contract for Attorney Brent
Cole was in the amount of $10,000.00, and Independent
Investigator Monique Rapuzzi was in the amount of
$5,000.00.
Chair Thomas commented that Mr. Cole had been outside
counsel for a number of years and had been an asset to
the committee. The total amount of the contract was
rarely used. He also stated that Investigator Monique
Rapuzzi was very thorough and provided clear, well-
written reports to the committee. Thomas was in favor of
renewing contracts with both Cole and Rapuzzi. The
contracts, if approved, would allow Cole and Rapuzzi to
represent the Full Committee, House Subcommittee, and
Senate Subcommittee.
Jerry Anderson added that he had contacted both parties
and they had expressed an interest in continuing to work
with the committee.
Representative Eastman asked how often their services had
been used in the past two years. Jerry Anderson responded
that in FY17 there had been no need for their services,
but there were budget expenditures in FY16.
Chair Thomas asked for a motion to approve the contract
for Brent Cole.
Member Skip Cook moved to approve the contract. A roll
call vote was taken.
Senator Coghill yes
Senator Egan yes
Rep. Eastman yes
Rep. Chris Tuck yes
Skip Cook yes
Conner Thomas yes
Joyce Anderson yes
Deb Fancher yes
Lee Holmes yes
The vote was unanimous. The contract for outside counsel
Brent Cole will be renewed for $10,000.00.
Chair Thomas asked for a motion to approve the contract
for independent investigator Monique Rapuzzi in the
amount of $5,000.
Rep. Eastman moved to approve the contract. A roll call
vote was taken.
Skip Cook yes
Conner Thomas yes
Joyce Anderson yes
Deb Fancher yes
Lee Holmes yes
Senator Coghill yes
Senator Egan yes
Rep. Eastman yes
Rep. Tuck yes
The vote was unanimous. The contract for Independent
Investigator Monique Rapuzzi will be renewed for
$5,000.00.
i. Budget Report FY17
Administrator Jerry Anderson presented the FY17 budget
report. $44,000 was not spent due to less travel, and no
outside contracts. Overall the committee has been
fiscally responsible with their budget.
$253,500 has been allocated for FY 2018, slightly above
the $251,000 for FY 2017. Jerry Anderson anticipates a
slight rise in spending in FY 2018.
Representative Eastman asked how often the committee held
meetings and why they are were so infrequent. Chair
Thomas responded that the committee's practice has been
to meet when business must be taken care of. Some
meetings require face-to-face and scheduling must be
worked out with the nine members. Historically the
committee has met about 3 times per year. It is rare for
the committee to meet only once in a year.
Chair Thomas asked what the personal services line-item
included. Jerry Anderson answered that it included
himself, Administrative Assistant Janice Stewart, and an
independent contractor if necessary. It did not include
contracts for outside counsel or an independent
investigator. A normal meeting schedule would have used
more travel money.
9. STATE BENEFIT AND LOAN PROGRAM
Jerry Anderson pointed out the sample letter sent to
departments used to gather information regarding the
State Benefit & Loan program. Appendix C in the handbook
shows all of the programs that require a disclosure with
the ethics office. Each department has a program and
letters are sent to each agency to determine any
changes, additions, or deletions that year. In 2016 the
Department of Military and Veteran's Affairs (DMVA)
deleted their Alaska Aerospace Corporation's scholarship
program. A vote is needed to remove the program from
Appendix C.
Joyce Anderson requested an explanation as to why these
programs are on the list. Jerry Anderson responded that
these programs are listed and require disclosure in
order to make public any influence staffers or
legislators might have by participating in the process
of receiving benefits from these programs. The programs
listed have discretionary qualifications rather than
fixed objective qualifications.
Representative Tuck asked if municipal right-away
permits had to be disclosed. Did the rules apply to
municipalities? Jerry Anderson replied that the program
rules applied to state programs only.
Chair Thomas stated that normally when something is
going to be removed it would be thoroughly discussed but
since the DMVA scholarship program is no longer in
existence, it does not require further analysis.
Representative Tuck moved that the scholarship program
be removed. No objection. Motion carried.
10.MOTION TO GO INTO EXECUTIVE SESSION under AS 24.60.160,
Uniform Rule 22(b) regarding executive sessions, and
Rules of Procedure Section 5: Executive Sessions.
Joyce Anderson suggested that the statute explaining why
we must go into Executive Session - AS 24.60.160 - be
listed on the Agenda.
11.EXECUTIVE SESSION: Note: The Committee determined that
Jerry Anderson and Janice Stewart were essential
personnel for the executive session under Rules of
Procedure Section 5(b)(1) and (2).
12.PUBLIC SESSION
13.OTHER BUSINESS
Advisory Opinion 15-03, Sending Legislative Newsletters
by Email When Geographic Location is Unknown, was
discussed during executive session. A roll-call vote
whether to concur or not concur is required to be taken
in public session. Administrator Jerry Anderson called
the roll.
Deborah Fancher Yes
Lee Holmes Yes
Senator Coghill Yes
Senator Egan Yes
Rep. Eastman Yes
Rep. Tuck Yes
Skip Cook Yes
Conner Thomas Yes
Joyce Anderson Yes
All members concur.
Advisory Opinion 17-01, Gift of Space for Legislative
Office in Mall during the Interim, was discussed during
executive session. A roll-call vote whether to concur
to not concur is required to be taken in public session.
Administrator Jerry Anderson called the roll:
Lee Holmes Yes
Senator Coghill Yes
Senator Egan Yes
Rep. Eastman No
Rep. Tuck Yes
Skip Cook Yes
Conner Thomas Yes
Joyce Anderson Yes
Deborah Fancher Yes
A majority of members concurred with the amended
advisory opinion.
It was discussed and agreed upon that the next committee
meeting will take place in Anchorage on October 30,
2017, subject to a special session taking place. Items
not taken up due to time constraints will be addressed
at the next meeting.
14.ADJOURN
A motion to adjourn the meeting was made by Lee Holmes.
No objection. Meeting was adjourned at 12:39 p.m.
12:39:47 PM
| Document Name | Date/Time | Subjects |
|---|---|---|
| 20170816BASIS.pdf |
JETH 8/16/2017 8:30:00 AM |
|
| 20170816HouseAgenda.pdf |
JETH 8/16/2017 8:30:00 AM |
|
| 20170816SenateSubcommitteeAgenda.pdf |
JETH 8/16/2017 8:30:00 AM |