Legislature(2007 - 2008)Anch LIO Conf Rm
09/19/2008 10:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Matters Pertaining to Legislative Council Investigation | |
| Start | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
ANCHORAGE ALASKA
September 19, 2008
10:33 a.m.
COMMITTEE CALENDAR
ACTION NARRATIVE
10:33:08 AM
^Matters Pertaining to Legislative Council Investigation
Senator Hollis French read the following statement:
On September 12, 2008, the Senate Judiciary Committee
authorized the issuance of fourteen subpoenas;
thirteen were for witnesses and the last was for Mr.
Frank Bailey's cell phone records. Senate President
Lyda Green concurred in that action, thus satisfying
the statutory requirements of Alaska Statute
24.25.010(b). The purpose of the subpoenas was to
assist Mr. Stephen Branchflower in the investigation
into the events and circumstances surrounding the
termination of former Public Safety Commissioner Walt
Monegan.
Since that time, six of the witness subpoenas were
served and seven were not. The subpoenas that were
served commanded the witnesses to appear here at 10:00
th
am today, September 19, 2008, before the Judiciary
Committee. Subpoenas were served on attorneys
representing Mr. Frank Bailey, Ms. Ivy Frye, Mr. Todd
Palin, Mr. Randy Ruaro, and Ms. Murlene Wilkes. By an
agreement between Mr. Branchflower and Mr. Bailey's
attorney, a copy of the sworn statement that Mr.
Bailey gave to Mr. Thomas Van Flein has been given to
Mr. Branchflower and will satisfy Mr. Bailey's
obligation to comply with his subpoena. Mr. John
Bitney was served personally by Mr. Branchflower and
Mr. Bitney, accompanied by his attorney, elected to
give a statement to Mr. Branchflower in his office,
thus satisfying Mr. Bitney's obligation under his
subpoena. The subpoena for Mr. Bailey's cell phone
records was served on ACS, Inc., and that company has
turned the records over to Mr. Branchflower. Finally,
Ms. Wilkes, through her attorney, has agreed to give a
statement to Mr. Branchflower this afternoon, thus
satisfying her obligations under her subpoena,
assuming the deposition actually takes place.
Ms. Frye, Mr. Palin, and Mr. Ruaro, all having been
served with subpoenas through their legal counsel,
have neither given statements, nor appeared today in
compliance with their subpoenas. Alaska Statute
24.25.030 sets out our procedure in this particular
situation. The statute reads as follows: "If a witness
neglects or refuses to obey a subpoena … the senate or
the house of representatives may by resolution entered
on its journal commit the witness for contempt. If
contempt is committed before a committee, the
committee shall report the contempt to the senate or
house of representatives, as the case may be, for such
action as may be considered necessary." A copy of this
statement shall be delivered to the president of the
senate in order to satisfy the statute's requirements.
Subpoenas were not served on Ms. Dianne Kiesel, Ms.
Annette Kreitzer, Ms. Nicki Neal, Mr. Brad Thompson,
Mr. Michael Nizich, Ms. Kris Perry and Ms. Janice
Mason. The reason those seven subpoenas were not
served is because Mr. Branchflower relied on a written
offer of cooperation that Assistant Attorney General
Michael Barnhill issued in a letter to Legislative
Council Chairman, Kim Elton, dated September 9, 2008.
Senator Elton accepted the offer in a letter sent to
Mr. Barnhill on Friday, September 12, 2888, which was
the same day the Senate Judiciary Committee issued its
subpoenas. Mr. Barnhill spoke to Mr. Branchflower late
that Friday afternoon, to begin scheduling
depositions.
The next day, Saturday, September 13, 2008, Mr.
Barnhill sent an e-mail to Mr. Branchflower,
confirming the details of their phone conversation.
The e-mail in relevant part reads as follows:
Steve - this shall confirm our phone
conversation of late yesterday afternoon. As
a consequence of Senator Elton's letter to
me of 9/12/08, Law agrees that the
depositions of the four Department of
Administration employees, Annette Kreitzer,
Dianne Kiesel, Nicki Neal and Brad Thompson,
may proceed. Law appreciates the Legislative
Council's willingness to agree with our
interpretation of the laws governing
confidential state employee personnel files
as set forth in our letter of 9/9/08.
Each of these four individuals has confirmed
that they wish to proceed with their
deposition without service of a subpoena,
and that they have elected to have
representation from Law at their deposition.
Law will provide that representation.
As I explained during our call, Tom van
Flein requested on Friday (9/12) that the
Department of Law resume representation of
these employees in the Office of the
Governor who have not sought private
counsel. At this point, my understanding is
those employees include Mike Nizich, Kris
Perry and Janice Mason. When you return on
Tuesday, please give me a call and I will
report on the status of Law's representation
of those employees within the Office of the
Governor who have not secured private
counsel and their availability for
deposition.
That cooperation agreement was abrogated by the
Tuesday, September 16, 2008, letter from Attorney
General Talis Colberg. The Judiciary Committee's, and
Mr. Branchflower's, reliance on the two written
promises of the Department of Law is regrettable.
Because the subpoenas were not served, there is no
legal basis upon which to take any action today
regarding them. The original, unserved subpoenas are
still in the hands of Mr. Branchflower. He will begin
the process of serving them on the seven remaining
witnesses, with a new return date of Friday, September
26, 2008.
Regarding the status of the investigation, I have spoken to Mr.
Branchflower this morning. He is continuing to gather
information and expects to complete his report as planned, by
October 10. Thank you and good day.
10:39:25 AM
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