Legislature(1993 - 1994)
02/25/1993 04:00 PM Senate JUD
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* first hearing in first committee of referral
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JOINT SENATE AND HOUSE JUDICIARY STANDING COMMITTEES February 25, 1993 4:00 p.m. HOUSE MEMBERS PRESENT Rep. Brian Porter Rep. Jeannette James Rep. Pete Kott Rep. Gail Phillips Rep. Joe Green Rep. Cliff Davidson Rep. Jim Nordlund HOUSE MEMBERS ABSENT None SENATE MEMBERS PRESENT Sen. Robin Taylor, Chairman Sen. Rick Halford Sen. Suzanne Little SENATE MEMBERS ABSENT Sen. Dave Donley Sen. George Jacko OTHER LEGISLATORS PRESENT Rep. Jerry Mackie Rep. David Finkelstein COMMITTEE CALENDAR Confirmation Hearings - Public Members of the Select Committee on Legislative Ethics WITNESS REGISTER SHIRLEY A. MCCOY P.O. Box 33475 Juneau, Alaska 99803 Phone: 780-6400 Position Statement: Nominee VIRGINIA M. JOHNSON, DVM 12531 Old Seward Highway Anchorage, Alaska 99515 Phone: 344-4324 Position Statement: Nominee ACTION NARRATIVE TAPE 93-23, SIDE A Number 000 The Joint Senate and House Judiciary Committee meeting was called to order at 4:12 p.m. on February 25, 1993. A quorum was not present; consequently, a work session was called until a quorum was obtained. CHAIRMAN TAYLOR asked Shirley McCoy to come forward and address the committee. He asked her to offer an opening statement. Number 032 SHIRLEY MCCOY said that she assumed that the committee would want to know why she had applied to be on the Select Committee on Legislative Ethics. She noted that she, herself, was wondering that at the moment. She spoke about her decision making experience as a member of the Sitka school board. She noted that since she had moved to Juneau several years earlier, she had not been involved in community or political activities in any way. MRS. MCCOY stated that when she saw an advertisement requesting applications for the public member seats on the Select Committee on Legislative Ethics, she felt that it was time for her to become involved again. She said she was particularly drawn to the Ethics Committee, as it was a nonpartisan body. Number 060 SEN. LITTLE thanked Mrs. McCoy for applying to serve on the committee. She asked Mrs. McCoy if she would have any difficulty spending time in Juneau for Ethics Committee business. Number 080 MRS. MCCOY said that the fact that she lived in Juneau would make her participation in committee business easy. Number 087 SEN. LITTLE said that she erroneously thought that Mrs. McCoy still resided in Sitka. MRS. MCCOY explained that she had lived in Sitka for 27 years prior to moving to Juneau approximately three years earlier. Number 087 SEN. LITTLE asked Mrs. McCoy if she had experience in the past dealing with the tremendous media pressure that the Ethics Committee members would probably endure. Number 095 MRS. MCCOY responded that she had experience dealing with the press, although perhaps not to the extent that she might experience as a member of the Ethics Committee. She cited her tenure on the Sitka school board, during which she was responsible for making statements to the press on behalf of the board. She said that she tried to make sure that her statements to the press were not anything that she would mind hearing repeated elsewhere. Number 111 SEN. LITTLE inquired as to whether Mrs. McCoy had formed any decisions on recent ethics allegations against legislators. Number 122 MRS. MCCOY said that she had not. She commented that she had read early news releases on the subject, but felt that the Ethics Committee would respond to the allegations, and that they therefore did not concern her. Number 128 REP. BRIAN PORTER asked if Mrs. McCoy had received any telephone calls from the press regarding her assessment of the ethics allegations. Number 134 MRS. MCCOY said that she had received several calls from the media. She added that she had responded to one of those calls. REP. PORTER asked Mrs. McCoy about the general content of her response. MRS. MCCOY said that she had been asked if she had any concerns about her confirmation. She said that her reply had been that she had never bought or sold any ivory nor had she employed any illegal baby-sitters, so she saw no problem in getting confirmed. Number 153 REP. PORTER asked Mrs. McCoy if she had been asked about the specific allegations against certain legislators. Number 157 MRS. MCCOY said that she recalled being asked how she would respond to an inquiry about those allegations. Her response was that at the time she read newspaper stories about the allegations, she felt that it was none of her concern and therefore did not spend much time thinking about it. Number 164 REP. PORTER noted that Mrs. McCoy had listed Rep. Ben Grussendorf as a reference on her resume. He asked Mrs. McCoy if she were on the Ethics Committee and a complaint were filed against Rep. Grussendorf, could she make an impartial decision? Number 175 MRS. MCCOY said that she would have no problem being fair in such a circumstance. She noted that the people that she listed as references, specifically Rep. Grussendorf and former Sen. Dick Eliason, were not close personal friends. However, because of their standing in the community of Sitka and her long-term residency and community involvement in Sitka, she felt that they could vouch for her background and qualifications. Number 187 REP. KOTT said that he was pleased that Mrs. McCoy had applied to be on the Ethics Committee. He asked her if she had any close economic associations or personal friendships with anyone associated with state government. Number 197 MRS. MCCOY said that an attorney who was a registered lobbyist contracted with her employer and had also been retained by her and her husband. Number 204 REP. PHILLIPS asked Mrs. McCoy how she had learned of the Ethics Committee and the process for applying to serve on it. She also asked if Mrs. McCoy had spoken with any legislators regarding an appointment to the committee before or at the time of her application. Number 213 MRS. MCCOY said that she had seen a newspaper advertisement seeking applications from members of the public who wanted to serve on the Ethics Committee. She said that she decided that, having been uninvolved in community and political activities for three years, it was time to get involved again. REP. PHILLIPS again asked if Mrs. McCoy had spoken with any legislators. MRS. MCCOY replied that she had not. Number 223 REP. PHILLIPS asked Mrs. McCoy if she felt that legislators should be held to a higher standard than a doctor, a plumber, or a cab driver. Number 231 MRS. MCCOY noted that she thought that they should not be held to a higher standard, but she felt that the public perceived that they should be. She gave an example of herself and her pastor, saying that her standards ought to be the same as her pastor's, but people held individuals in leadership positions to a higher standard. Number 241 REP. DAVIDSON asked if Mrs. McCoy were aware of how many public member nominees had gone before her in the selection process. MRS. MCCOY indicated that she had been paying attention to the selection process. REP. DAVIDSON asked if Mrs. McCoy thought that there was anything unethical about the manner in which the legislature had dealt with nominees to the Select Committee on Legislative Ethics. Number 254 MRS. MCCOY commented that she did not think the legislature was acting in an unethical manner. She cited a recent statement by the speaker of the House in which she had said that the legislature wanted people who would do the best job and who were qualified to make decisions about legislators' futures and presents. Number 264 REP. DAVIDSON asked Mrs. McCoy if she believed that any nominees who were qualified were rejected for one reason or another. Number 269 MRS. MCCOY indicated that when she heard of the nominees who were rejected because they were state employees, she felt that it was unfortunate that the applicants were not told up-front that their employment in state government would cause their rejection. She noted that she could see where their status as state employees could be a conflict of interest, however. Number 281 REP. DAVIDSON stated that he understood Mrs. McCoy to say that the legislature had been unfair to appointees by not indicating that there were unspecified preconditions regarding their appointment or rejection. Number 287 MRS. MCCOY replied that she did not think that the legislature had been unfair. However, she said that it was unfortunate that the conflict of interest of state employees was not thought of before the confirmation process was underway. She noted that the ethics law, the committee, and the process for selecting committee members were all new, and as such, unanticipated circumstances were bound to arise. Number 292 REP. DAVIDSON asked Mrs. McCoy if she, as a citizen of the state of Alaska who felt qualified to judge the ethical behavior of anyone in the legislature, had no problem with the process. Number 299 MRS. MCCOY said that she did not see the process for selecting public members as an ethical issue. She reiterated that she did not have a problem with the way the selection process was occurring. Number 303 REP. NORDLUND commented that Mrs. McCoy was currently registered as a Republican and was a former Democrat. He asked if her party affiliation had any bearing on her ability to effectively serve on the Ethics Committee. Number 308 MRS. MCCOY said that she did not view her party affiliation as an impediment to effectively serving on the committee. Number 319 CHAIRMAN TAYLOR thanked Mrs. McCoy for appearing before the committee. He noted Mrs. McCoy's lengthy employment with the Dawson Construction Company. Sen. Taylor said that he held her employer, Mr. Dawson, in high regard and he felt that Mrs. McCoy's lengthy association with Mr. Dawson indicated that she was a person of the same caliber. Number 352 MRS. MCCOY thanked Sen. Taylor for his comments. She added that Mr. Dawson was very supportive of her application to serve on the Ethics Committee. Number 360 CHAIRMAN TAYLOR asked Mrs. McCoy to tell the committee about some of her life experiences. Number 371 MRS. MCCOY stated that her experience serving on the Sitka school board was probably her only experience that would come close to what her tenure on the Ethics Committee would be like. She noted that after completing her first term on the school board she felt proud of the decisions that she had made and the rapport that she had established with teachers, despite her not being a supporter of the teachers' union. She noted that she won both her races handily, despite the fact that she was running against several other candidates. MRS. MCCOY said that it had been gratifying to have such strong support from the public. She indicated her belief that the support stemmed from her reputation as an up-front, honest school board member. She mentioned that in six years of service on the school board she had only missed one meeting. She said that she probably never cast a surprise vote, as people always knew where she stood on an issue. MRS. MCCOY said that she had often voted against the teachers' union, but she still enjoyed strong support from the teachers in Sitka. She expressed her opinion that it was not so much the decision that a person made, but how that decision was arrived at, in terms of how the public perceived elected officials. Number 410 CHAIRMAN TAYLOR asked Mrs. McCoy if she had a sense of the term "ethical conduct" as compared to "criminal conduct" or "immoral conduct." Number 421 MRS. MCCOY said that ethical conduct and moral conduct were closely linked. However, she noted that when discussing ethical situations, oftentimes only a particular act was discussed. She expressed her belief that ethics did not stop with the performance of an act. Part of ethics was the way in which a person addressed an act after it had been committed, she added. MRS. MCCOY noted that it might be unethical to speed, but many people did it, sometimes without realizing what they were doing. When caught, she added, people paid the consequences for their actions. She said that speeding was an unethical act because it was illegal. However, she noted, speeding did not make someone a bad person. She commented that every person could look back and see unethical behavior in their pasts. But, how those past experiences shaped people's lives was probably more important than the act itself, she said. Number 452 CHAIRMAN TAYLOR asked Mrs. McCoy if she had read the ethics law. Number 455 MRS. MCCOY said that she had read most of the law. Number 458 CHAIRMAN TAYLOR commented that there seemed to be significant questions on almost every provision of the new law. He noted that those questions would probably only be resolved by working under the law and through the interpretations of the Ethics Committee members. He asked Mrs. McCoy if she had experience in interpreting laws. Number 466 MRS. MCCOY said that during her tenure on the school board, she had been very active in rewriting the board's policy manual. She noted that laws and policies always looked more complicated before they were broken down into individual paragraphs or lines. She expressed an opinion that any person of normal intelligence and with an average sense of right and wrong would be able to handle the ethics law. Number 482 REP. DAVIDSON asked Mrs. McCoy which parts of the ethics law she had not yet read. MRS. MCCOY said that she had probably read everything except for the last page. Number 486 REP. DAVIDSON asked Mrs. McCoy to rate her own ethical level, on a scale of 1 through 10, with 10 being the highest level. Number 488 MRS. MCCOY said that she would rank herself as an 8-1/2. Number 490 REP. DAVIDSON inquired as to whether Mrs. McCoy's process for arriving at decisions would be different if she served on the Ethics Committee than it had been during her tenure on the school board, and if so, how? Number 502 MRS. MCCOY responded that her decision-making process would remain the same. She would gather all pertinent information, researching background, spending time to evaluate, digesting material, and finally making a decision based on what she had seen and heard. Number 509 REP. MACKIE asked if Mrs. McCoy would view a charge that a legislator had been driving while intoxicated unethical? Number 518 MRS. MCCOY said that if she considered a speeding ticket unethical, she would certainly consider driving while intoxicated unethical as well. She noted that both activities were against the law. Number 523 REP. MACKIE asked about Mrs. McCoy's ability to apply guidelines set forth in the ethics law, as opposed to applying her own personal code of ethics to an individual's behavior. Number 536 MRS. MCCOY mentioned that she had once served on a jury for a manslaughter case. She remembered thinking that it would be hard for a juror to have trouble making a decision, as the jurors were given absolute guidelines, and all the jurors had to do was to make a decision based on those guidelines. She noted her belief that making decisions on the Ethics Committee would be a similar situation in that Ethics Committee members would make decisions based on a given set of guidelines. Number 548 REP. MACKIE said he thought that the Ethics Committee would undergo a different process, as no judge would advise the committee in a step-by-step manner. He said that committee members might be asked to read and understand the law, and then apply it to situations before the committee. He noted his concern that Mrs. McCoy might judge a legislator's conduct according to her own personal code of ethics, in the event that the legislator's conduct was not specifically addressed in the law. Number 565 MRS. MCCOY said she thought that Rep. Mackie might have misunderstood her statement. She said that she did not need a person to stand before her and explain guidelines. It was her belief that the ethics law would serve as the guidelines for the Ethics Committee. She noted that at times committee members would need to interpret that law, and she cited the importance of the committee working together and making decisions as a team. Number 578 REP. MACKIE asked Mrs. McCoy if she would be able to put aside her own personal code of ethics and apply the ethics law to a given situation. Number 581 MRS. MCCOY said she thought that the point of a committee was to work together. Number 584 CHAIRMAN TAYLOR expressed his opinion that the Ethics Committee was somewhat of a star chamber, set up so that the committee would be asked to, while acting under rather vague guidelines, hire and fire an investigator, decide how far the investigator should go or not go, judge, set rules of conduct for itself and for legislators, and serve as a jury and an executioner. He noted that these duties would be an expansion of Mrs. McCoy's past experience as a juror. CHAIRMAN TAYLOR thanked Mrs. McCoy for appearing before the committee. Number 608 REP. JAMES noted that it was not necessary to ask Mrs. McCoy if spending a great deal of time in Juneau would be an infringement upon her time. SEN. LITTLE indicated that she had asked Mrs. McCoy that question anyway, just for the record. Number 616 CHAIRMAN TAYLOR asked Virginia Johnson to come forward and offer an opening statement. He commented that he had heard many nice things about Ms. Johnson. Number 629 VIRGINIA JOHNSON said that she was a veterinarian from Anchorage. She stated that she was not a political person, having never worked on any campaigns. She indicated that she was nonpartisan. Ms. Johnson explained that she had seen a newspaper advertisement requesting applications from members of the public interested in serving on the Ethics Committee. As a nonpartisan, she felt that service on the Ethics Committee would be a good way to become involved in state service. Number 647 REP. PORTER asked Ms. Johnson if she had formed any opinions about recent allegations against members of the legislature. He also asked if she had made any comments to the media about those allegations. Number 653 MS. JOHNSON said that she had formed no opinions on the matters. She commented that she believed that the media represented one person's opinion of what he or she had heard. She added that she had not spoken to any member of the press about the allegations. She said that she received a telephone call from a member of the press, but felt that it would be inappropriate to comment. Number 666 REP. PORTER asked Ms. Johnson if she were aware that, as a member of the Ethics Committee, she would be applying not her own personal code of ethics, but the code of ethics outlined in statute and the interpretation of that code. Number 672 MS. JOHNSON said that she understood that. She noted that she had not yet read the ethics law, as she felt that it would not be appropriate to read the law prior to appearing before the committee. She added that she would understand the law thoroughly if she were confirmed as a member of the Select Committee on Legislative Ethics. MS. JOHNSON stated that she thought of ethics as guidelines, or codes, that were given to various people, including doctors and lawyers. Codes of ethics were not all the same, she noted. Number 686 REP. PORTER asked Ms. Johnson if she had engaged in any other form of public service. Number 688 MS. JOHNSON said that she was a member of the Veterinary Board of Examiners and the Anchorage Animal Appeals Board. She noted that the Anchorage Animal Appeals Board was similar to the Select Committee on Legislative Ethics, in terms of the need to apply specific guidelines, and not her personal code of ethics, to a situation. Number 699 REP. PORTER asked if Ms. Johnson's service on either board would be a conflict of interest with her service on the Ethics Committee. Number 703 MS. JOHNSON said that she had mentioned her service on the two boards to Justice Moore, who did not indicate that the board membership would be a conflict of interest. Number 708 REP. PHILLIPS thanked Ms. Johnson for appearing before the committee. She asked if Ms. Johnson felt that the code of ethics for legislators was a higher code than the code of ethics for people in other professions. Number 712 MS. JOHNSON said that she did not believe that the code was higher, although it was different in some ways. Number 721 REP. PHILLIPS asked Ms. Johnson if she had spoken with any legislators about applying to serve on the Ethics Committee, either before or after she submitted her name to Justice Moore. Number 724 MS. JOHNSON said that on the day she was notified of her nomination, she placed a call to one Republican and one Democrat, regarding a logistical question about the confirmation hearing. One of those legislators returned her call and briefly answered her question, she said. Number 729 REP. PHILLIPS asked Ms. Johnson if the logistical question pertained to service on the Ethics Committee. MS. JOHNSON said that her question was in regard to the meeting currently in progress. REP. PHILLIPS asked if Ms. Johnson had spoken with any legislators about an appointment to the Ethics Committee. MS. JOHNSON indicated that she had not. Number 734 REP. PHILLIPS mentioned Ms. Johnson's earlier comment that she had not worked on any individual's campaigns. She asked Ms. Johnson if she had ever worked on any issues campaigns. Number 737 MS. JOHNSON said that she had not actively worked on any issues campaigns. Number 740 REP. PHILLIPS asked if Ms. Johnson perceived a problem in being in Juneau for long periods of time while serving on the Ethics Committee. Number 745 MS. JOHNSON said that she would need to adjust her schedule, but that was not a problem. Number 748 REP. MACKIE asked Ms. Johnson if she were required to file a conflict of interest statement because of her service on the Board of Veterinary Examiners. Number 750 MS. JOHNSON said that she did not believe so. Number 756 REP. MACKIE asked if Ms. Johnson had any religious or moral beliefs that would impede her ability to apply statutory and committee guidelines to a situation before the Ethics Committee. Number 764 MS. JOHNSON said that she did not believe so. Number 766 SEN. LITTLE thanked Ms. Johnson for applying to serve on the Ethics Committee. She asked if Ms. Johnson had experience in dealing with media pressure. Number 772 MS. JOHNSON said that she had an occasional experience with the press regarding animal issues. She stated that she had the presence of mind to be careful about what she said. She mentioned her belief that the Ethics Committee members would be held to a high standard of ethical behavior. Number 782 REP. KOTT also thanked Ms. Johnson for appearing before the committee. He asked her if she had any close economic or personal associations with any state employees. Number 789 MS. JOHNSON said that she did not. Number 791 REP. KOTT noted that Ms. Johnson had changed her party affiliation last year to nonpartisan. He asked if she had been active in any party prior to that change. MS. JOHNSON said that she had not been active in any party. REP. KOTT asked Ms. Johnson about her involvement with the Delta Chapter of the People Animal Connection. Number 797 MS. JOHNSON commented that she had been involved in setting up the People Animal Connection in the Anchorage area. She mentioned that the group coordinated volunteers bringing pets to various shut-in institutions. She said the Delta Society was an international group that believed in pet bonding and pet therapy. Number 808 REP. KOTT asked Ms. Johnson if she perceived a difference between unethical, immoral, and illegal behavior. Number 811 MS. JOHNSON said that she did perceive a difference in those three types of behavior. She commented that each person had her or his own morals, but everyone could sit down with a code of ethics and follow that code. Criminal activity was what the law found to be wrong, she added. She said that the three types of behavior were nuances of one another, but not the same thing. TAPE 93-23, SIDE B Number 000 REP. MACKIE cited a hypothetical situation in which Ms. Johnson was serving on the Ethics Committee and had to judge the behavior of a legislator who was in favor of wolf control. Rep. Mackie asked if she could be impartial in such a situation, in light of her obvious love of animals. Number 030 MS. JOHNSON said that a legislator's stand on the wolf control issue might affect her opinion, but would not affect her ability to honestly judge that person and impartially apply the code of ethics to the situation. Number 041 REP. MACKIE asked Ms. Johnson if she would have a biased opinion about a legislator who was adamantly championing wolf control. Number 049 MS. JOHNSON said that she did not think that she would be biased in that situation. Number 055 CHAIRMAN TAYLOR asked if it were correct that members of the Alaska Board of Veterinary Examiners were appointed by the governor and received compensation for travel and per diem expenses. MS. JOHNSON indicated that Chairman Taylor was correct. CHAIRMAN TAYLOR asked if she would consider resigning from the Board of Veterinary Examiners if her service on that board were in conflict with service on the Ethics Committee. Number 073 MS. JOHNSON said that she would consider resigning from the veterinary board. CHAIRMAN TAYLOR said that he did not know if a conflict existed, but wanted to make Ms. Johnson aware that a conflict might exist. Number 084 REP. FINKELSTEIN noted that any position which required a person to file a conflict of interest statement would be in conflict with service on the Ethics Committee. However, he indicated that he did not know whether or not service on the Board of Veterinary Examiners required that a conflict of interest statement be filed, but suspected that it did not. MS. JOHNSON noted that she had never filed a conflict of interest statement. Number 102 CHAIRMAN TAYLOR commented that he was very impressed with Ms. Johnson's resume. He asked Ms. Johnson to tell the committee something about her life experiences. Number 126 MS. JOHNSON stated that she had not had a very difficult life. She indicated that she had been raised in Montana and Oregon, and came to Alaska straight out of college. She said she had worked as a medical technologist in Anchorage. However, she became bored after a few years in that line of work. She decided to return to school and become a veterinarian. She said that it was a difficult decision to leave a well-paying job and go outside of Alaska to return to school. MS. JOHNSON commented that she had never regretted going back to school, as she thoroughly loved her job. She cited her involvement in community issues, most of which pertained to her profession. She stated that she liked who she was, and felt that she could be an honest, unbiased, ethical person. She noted that those qualities came into play every day in her profession. She said that as part of her work she had to listen to clients and discern what was and was not true. She said that she had learned that there was always more than one side to a story, and that the truth often lay somewhere in the middle. Number 175 CHAIRMAN TAYLOR replied that he had run into similar experiences in his work as an attorney. He questioned Ms. Johnson about her connections with anyone who had run for office, was currently running for office, or planned to run for office. Number 203 MS. JOHNSON said that her business partner was considering running for mayor of Anchorage, but she felt it would not affect her work on the Ethics Committee. Number 205 CHAIRMAN TAYLOR said that he was aware of that connection, but feared that other members of the committee might feel that Ms. Johnson had lied when responding to an earlier question that did not specifically include candidates for office. He thanked Ms. Johnson for clarifying her response. CHAIRMAN TAYLOR asked Ms. Johnson if she felt that there was a code of ethics to which legislators should adhere. Number 220 MS. JOHNSON cited the ethics law recently passed by the legislature. Number 222 CHAIRMAN TAYLOR asked Ms. Johnson if she thought that there was an inherent code of ethics that legislators should follow. Number 226 MS. JOHNSON said that each person had her or his own code of ethics. She added that she believed there to be a code of ethics that legislators followed. She noted that citizens of Alaska had the perception that unethical behavior occurred in the legislature. She said the new ethics law gave legislators guidelines to follow and that the Ethics Committee would give the public assurance that legislators' behavior was being monitored. Number 261 CHAIRMAN TAYLOR asked Ms. Johnson if she felt that her perspective on the ethical behavior of legislators would be affected in any way by her partner's potential bid for elected office. Number 264 MS. JOHNSON said she did not think her perspective would be affected. Number 273 REP. KOTT asked Ms. Johnson what her partner's name was. Number 279 MS. JOHNSON said that her partner's name was Joyce Murphy. Number 281 REP. KOTT asked Ms. Johnson if she were in partnership solely with Ms. Murphy, or if there were other individuals involved in the practice. Number 284 MS. JOHNSON replied that she and Ms. Murphy owned the practice together, but there were other non-owner veterinarians involved in the practice. Number 289 REP. KOTT told Ms. Johnson that service on the Ethics Committee could entail spending long periods of time in Juneau. He said that he wanted to make sure that she was aware of the commitment required. Number 297 MS. JOHNSON further explained how her veterinary practice operated. Number 300 REP. DAVIDSON commented that elected officials faced unique situations and dilemmas. He asked Ms. Johnson how she planned to learn about the uniqueness of legislators. Number 322 MS. JOHNSON noted that although she could never be in a legislator's shoes, it was possible that the Ethics Committee would come under the same scrutiny that legislators endured. She said that she would listen to the legislators themselves and hear testimony. She added that she did not know any legislators personally, and therefore did not know what their lives were like. Number 341 REP. DAVIDSON described a hypothetical situation and asked Ms. Johnson if she believed that the elected officials involved acted in an ethical manner. The situation involved a public member nominee to the Ethics Committee, whom a legislator had succeeded in rejecting, based on the nominee's business or personal linkage with another individual. Number 369 MS. JOHNSON responded that she did not believe that the legislator's behavior in that situation was unethical. She said that she would be presupposing that legislator's thoughts, and that there might be something else about the nominee that the legislator found unacceptable. She said that she would need to hear all of the facts before making a judgment about the ethicalness of certain behavior. Number 380 REP. PHILLIPS asked Ms. Johnson why she felt that it was necessary for there to be an ethics law and an Ethics Committee. Number 384 MS. JOHNSON said that the need existed because of the public's perception of unethical behavior in the legislature. She reiterated her opinion that the law would give legislators guidelines to follow, and the committee would reassure the public. Number 403 REP. PHILLIPS commented that the public always had the final say in the voting booth. Number 406 REP. MACKIE asked Ms. Johnson if she had ever felt, or felt now, that legislators were unethical. Number 408 MS. JOHNSON said that she did not feel that way now, nor had she in the past. Number 409 REP. KOTT asked Ms. Johnson if she, as a single woman, would be able to judge male elected officials fairly, given that the legislature was dominated by males. Number 420 MS. JOHNSON said that she could be fair toward men. Number 426 REP. FINKELSTEIN commented that when he watched the House leadership at work, he forgot that there was any male domination in the House. Number 438 CHAIRMAN TAYLOR said that the Ethics Committee might be faced with complaints motivated solely by political or vengeful purposes. He asked Ms. Johnson if she were aware of that potential situation. Number 453 MS. JOHNSON replied that she was aware that purely political and vengeful complaints might come before the committee. Number 459 REP. MACKIE mentioned that both nominees that had appeared before the committee that day had been very candid, and he appreciated that candor. He asked Ms. Johnson if she saw her service on the Ethics Committee as similar to her veterinary practice, in that while doing surgery on an animal, she would investigate a problem and only take out what needed to be taken out, leaving the good parts intact. Number 469 MS. JOHNSON said that Rep. Mackie had made a good analogy. Number 472 CHAIRMAN TAYLOR asked Ms. Johnson if gender balance were relevant to the issue. Number 473 MS. JOHNSON said that it was not relevant. CHAIRMAN TAYLOR said that it was not relevant in his opinion, either. He thanked Ms. Johnson for appearing before the committee. ADJOURNMENT CHAIRMAN TAYLOR adjourned the meeting at 5:21 p.m.
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