Legislature(1993 - 1994)

02/25/1993 04:00 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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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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