Legislature(2013 - 2014)SENATE FINANCE 532

03/21/2013 04:00 PM Senate LEGISLATIVE COUNCIL


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04:04:27 PM Start
05:32:47 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Ratification of Charity Events TELECONFERENCED
<Above Item Removed from Agenda>
Contract Approvals
Anchorage LIO Lease
Other Committee Business
Social Media Policy & Facebook Access
Capitol Security
<Teleconference Listen Only>
                         MARCH 21, 2013                                                                                       
                            3:46 p.m.                                                                                         
                                                                                                                              
   MEMBERS PRESENT                                                                                                            
                                                                                                                                
   Representative Mike Hawker, Chair                                                                                            
   Senator Peter Micciche, Vice Chair                                                                                           
   Representative Mike Chenault                                                                                                 
   Representative Max Gruenberg                                                                                                 
   Representative Craig Johnson                                                                                                 
   Representative Lance Pruitt                                                                                                  
   Representative Bill Stoltze                                                                                                  
   Representative Peggy Wilson                                                                                                  
   Senator John Coghill                                                                                                         
   Senator Dennis Egan                                                                                                          
   Senator Charlie Huggins                                                                                                      
   Senator Lesil McGuire                                                                                                        
   Senator Kevin Meyer                                                                                                          
   Senator Gary Stevens                                                                                                         
                                                                                                                                
   MEMBERS ABSENT                                                                                                             
                                                                                                                                
   There were no members absent                                                                                                 
                                                                                                                              
   AGENDA                                                                                                                     
                                                                                                                                
   APPROVAL OF MINUTES                                                                                                          
   CONTRACT APPROVALS                                                                                                           
   OTHER COMMITTEE BUSINESS                                                                                                     
   CAPITOL SECURITY                                                                                                             
                                                                                                                                
   SPEAKER REGISTER                                                                                                           
                                                                                                                                
   TINA STRONG, Procurement Officer, Legislative Affairs Agency                                                                 
 JULI LUCKY, Staff to Representative Hawker and Chair of the IT                                                                 
   Subcommittee                                                                                                                 
   DOUG GARDNER, Legal Services Director, Legislative Affairs Agency                                                            
                                                                                                                                
     4:04:27 PM                                                                                                               
                                                                                                                                
  I. CHAIR MIKE HAWKER called the Legislative Council meeting to                                                              
     order  at 4:04 p.m. in room 532 of  the State Capitol. Present at                                                          
     the  call   were  Representatives  Hawker,  Chenault,  Gruenberg,                                                          
     Johnson  and Pruitt;  Senators Micciche, Coghill,  Egan, Huggins,                                                          
     McGuire, Meyer, and Stevens.                                                                                               
                                                                                                                                
 II. APPROVAL OF FEBRUARY 26, 2013 MINUTES                                                                                    
                                                                                                                                
     VICE  CHAIR MICCICHE moved that the  minutes from the Legislative                                                          
     Council meeting on February 26, 2013 be approved as presented.                                                             
                                                                                                                                
     The minutes were approved with no objections.                                                                              
                                                                                                                                
III. CONTRACT APPROVALS                                                                                                       
                                                                                                                              
     a. Anchorage LIO Lease                                                                                                   
                                                                                                                                
     CHAIR  HAWKER  noted  that  this  facility is  the  Legislature's                                                          
     major  facility, and  one of the  larger, used outside  of Juneau                                                          
     during the interim.                                                                                                        
                                                                                                                                
     Representative Peggy Wilson joined the meeting at this time.                                                               
                                                                                                                                
     TINA  STRONG,  Procurement Officer  for  the Legislative  Affairs                                                          
     Agency,  stated that the Anchorage lease is  due to expire on May                                                          
     31,  2013, and there is  one renewal option  remaining that would                                                          
     terminate  on May 31,  2014. In response  to a question  by Chair                                                          
     Hawker,  Ms.  Strong stated  there  were no  options  to renewing                                                          
     this  lease that  would ensure office  space for  the Legislators                                                          
     currently located in the facility.                                                                                         
                                                                                                                                
     CHAIR  HAWKER,   in  response  to  a  comment  by  Representative                                                          
     Gruenberg,  informed  Council  members  that  there  has  been  a                                                          
     procurement  process underway,  including the  steering committee                                                          
     appointed  at  the last  meeting, to  address  this issue  and he                                                          
     would provide additional comment at the end of this meeting.                                                               
                                                                                                                                
     4:10:13 PM                                                                                                               
                                                                                                                                
     VICE  CHAIR  MICCICHE moved  that  Legislative Council  authorize                                                          
     the  chairman  to  approve a  one-year  renewal  of the  existing                                                          
     lease  agreement for the Anchorage legislative  office for a cost                                                          
     of $681,854.16.                                                                                                            
                                                                                                                                
     The lease extension was approved with no objections.                                                                       
                                                                                                                                
IV. SOCIAL MEDIA POLICY                                                                                                       
                                                                                                                              
    CHAIR  HAWKER said that  in past Legislative  Councils there have                                                           
    been  extensive discussions  of what the Legislature's  policy is                                                           
    for  the  access  and use  of  social  media  by Legislators  and                                                           
    legislative   agencies.   An  ancillary   issue  that   has  been                                                           
    considered   but   not  resolved   by   Council  regards   access                                                           
    specifically to Facebook accounts.                                                                                          
                                                                                                                                
    JULI  LUCKY,  staff to  Representative  Mike Hawker-District  27,                                                           
    testified  as  Chair  of  the  IT Subcommittee.  She  noted  that                                                           
    members  had  several  documents in  their  packet including  the                                                           
    history  of access  issues and  highlighting actions  Council has                                                           
    taken  to  date. At  this  time,  Legislators, legislative  press                                                           
    offices,   web  masters  and  Information   Services  Help  Desks                                                           
    continue  to have access to Facebook  from legislative computers.                                                           
  The crux of the matter is access from legislative computers.                                                                  
                                                                                                                                
    In  addition to  the current  status and  question of  access for                                                           
    Legislators   and   legislative  staff,   Council   has  received                                                           
    requests   from  three   legislative  agencies:   the  Ombudsman,                                                           
    Legislative  Ethics and Legislative Audit,  who believe access to                                                           
    Facebook  from  legislative  computers  will  help further  their                                                           
    missions.  Although  there is  no request  letter in  the packet,                                                           
    Ms.  Lucky said she spoke with the Office  of Victims' Rights and                                                           
    they  also find Facebook access to be  useful in furthering their                                                           
    mission.  For  those  Legislators  who  currently  have  Facebook                                                           
    pages,  their staff must go to that  Legislator's computer to log                                                           
    in  or use  a personal handheld  device or  computer in  order to                                                           
    access  Facebook to do what the Legislator  considers to be their                                                           
    staff's job.                                                                                                                
                                                                                                                                
    The  IT Subcommittee  met February  28, 2013, and  identified and                                                           
    discussed   the   following   three   issues:   (1)  should   the                                                           
    Legislature  adopt  a policy  that would  be legislature-wide  to                                                           
    define  acceptable usage, users and content;  (2) who should have                                                           
    access  and   if  access  is  restricted  who  should  make  that                                                           
    determination;  and  (3)  should  non-partisan  agencies  of  the                                                           
    Legislature  be allowed  to have Facebook  pages or  social media                                                           
    accounts  that  are  publicly  visible.  For research  and  audit                                                           
    purposes,  most of the subcommittee felt  access was above-board.                                                           
    A  couple of agencies have requested to  have a Facebook presence                                                           
    to   do  outreach  or   recruit  for  job   openings,  which  the                                                           
    subcommittee  felt was a  distinct issue from just  being able to                                                           
    access Facebook from a legislative computer.                                                                                
                                                                                                                                
    The  Subcommittee  was  unanimous  only  on  the issue  that  the                                                           
   Council needs to take some definitive action on this issue.                                                                  
                                                                                                                                
     The Subcommittee made three recommendations.                                                                               
                                                                                                                                
     (1)   Council  should  consider  adopting   a  policy  to  define                                                          
     acceptable  uses and  users - see  current proposed  draft policy                                                          
     dated March 20, 2013, in the packet.                                                                                       
                                                                                                                                
     (2)  Council should consider  providing a method  for Legislators                                                          
     and  agency  directors  to grant  access  to  their employees.  A                                                          
     previous  proposal  by Council  was for  the Legislative  Council                                                          
     Chair  to authorize use. The Subcommittee  felt that it shouldn't                                                          
     be  Legislative Council's prerogative to  approve an application;                                                          
     it  should  be up  to the  supervisor, the  Legislator  or agency                                                          
     director.                                                                                                                  
                                                                                                                                
     (3)  With   regard  to  public  Facebook  pages  for  nonpartisan                                                          
     legislative  agencies,  the  subcommittee  had  a difficult  time                                                          
     reaching  consensus  and didn't  understand the  need. Therefore,                                                          
     the  subcommittee  recommended that  each agency  plead  its case                                                          
     directly  to Legislative Council because  each agency's needs and                                                          
   what they would be putting on a Facebook page is different.                                                                  
                                                                                                                                
     Ms.  Lucky ended  her testimony by  making herself  available for                                                          
     questions  and noting that there were  attendees who could answer                                                          
     technical  questions  about  use  of  Facebook  as  well  as  the                                                          
     Legislative  Auditor  Kris Curtis  who can  answer  any questions                                                          
     about her needs for an agency page.                                                                                        
                                                                                                                                
     CHAIR  HAWKER said  that Council  should  focus on  the following                                                          
     two  questions:  (1)  whether  Council  should  adopt  the  draft                                                          
     social   media  policy  and   (2)  whether  Council   will  allow                                                          
     Legislators   and  agency   directors   access  to   Facebook  in                                                          
     particular  from  legislative  computers  and  a methodology  for                                                          
     allowing such access.                                                                                                      
                                                                                                                                
     SENATOR  MCGUIRE thanked  Ms. Lucky  for her  work on  this issue                                                          
     and  agreed  it  was  time to  address  this  issue  in order  to                                                          
     communicate  effectively  with those  constituents  already using                                                          
     Facebook.  Her  main concern  was  that  any policy  that  may be                                                          
     adopted  not  constrain  how her  office  is currently  utilizing                                                          
     Facebook.  She pointed  first  to Item  III. Messaging  Policy in                                                        
     the   draft,  which   forbids  communication  via   social  media                                                          
     messaging  features  for official  State business.  She  said she                                                          
     has   had    exchanges   with   constituents   about   particular                                                          
     legislative   business  through  both  her  personal  and  Senate                                                          
     Facebook  pages. She next  pointed to Item I.  Content Policy (b)                                                        
     -   the  part  that  specifically  prohibits   "Any  action  that                                                          
     provides   benefit  to  any  person  or  organization,  including                                                          
     solicitations,   endorsements,  or  promotions   of  products  or                                                          
     services  of  any  financial,  commercial,  non-profit,  or  non-                                                          
    governmental   agency."  She  said  her  office  often  used  her                                                           
    Facebook  page to promote the  Girl Scouts or the  Boys and Girls                                                           
    Club,  for example, which  are both non-profits. She  said in the                                                           
    current  form, she  objects to the  policy as written  because it                                                           
    limits  her  First  Amendment  rights  to  communicate  with  her                                                           
    constituents.                                                                                                               
                                                                                                                                
    MS.  LUCKY clarified that the proposed  policy is a reflection of                                                           
    the  concerns raised at the  IT Subcommittee as  well as a review                                                           
    of  relevant   NCSL  documents,  several  existing  social  media                                                           
    policies,  Alaska  Legislative  Ethics  documents,  and  existing                                                           
    Acceptable  Computer Use documents that  currently govern how the                                                           
    Legislature  uses  State  equipment.  Specific  to the  Messaging                                                           
    Policy,  the concern was based on recent  court cases relating to                                                           
    someone  using a  private e-mail account  to hide  official State                                                           
    business.   It  exists  in  the  policy  in  order  to  bring  to                                                           
    Council's  attention all the  possible concerns  related to using                                                           
    social  media with State  equipment and to ensure  an opportunity                                                           
    for  a  full  discussion.  She asked  Doug  Gardner  to speak  to                                                           
    potential  legal  issues regarding  what  is considered  official                                                           
    State business by a Legislator or legislative staff.                                                                        
                                                                                                                                
    DOUG  GARDNER,  Director  of  Legal  Services,  confirmed he  had                                                           
    spoken  to Ms. Lucky about  this issue. He noted  that there have                                                           
    occasionally  been records requests made  of legislative offices.                                                           
    Records  maintained  by  a Legislator  and  in that  Legislator's                                                           
    office  are  protected and  do  not need  to be  provided  to the                                                           
    public,   they  are  not  considered   public  records  based  on                                                           
    legislative  immunity.  There have  not been  many tests  of this                                                           
    protection.  When it comes  to procurement or  employment issues,                                                           
    legislative  immunity does  not generally  apply. The  concern is                                                           
    that   by   using  social   media   and  Facebook   specifically,                                                           
    Legislators  are putting  themselves  out there  a lot  more than                                                           
    using  traditional paper records kept in  an office. There is not                                                           
    an  easy way  to deal  with this  when a  Legislator communicates                                                           
    via  Facebook. Another  component might be  that as a  chair of a                                                           
    committee  working with a contractor and  communicating with that                                                           
    contractor,  the concern  is  that those  records are  public and                                                           
    not   covered  by  immunity;  there  may   be  a  record  keeping                                                           
    requirement.  The  way  such  a  problem  is  managed  is to  not                                                           
    communicate   with  said  contractor  using  social  media.  With                                                           
    regard  to Senator  McGuire's concern,  a constituent  may decide                                                           
    to  post any response they  receive from a  Legislator on another                                                           
    website.                                                                                                                    
                                                                                                                                
    CHAIR  HAWKER  asked  Mr.  Gardner if  it  is  the definition  of                                                           
    official  State business that is the crux  of this situation. Mr.                                                           
    Gardner affirmed that it was.                                                                                               
                                                                                                                                
     MR.  GARDNER said it might  be possible to  narrow the definition                                                          
     to  meet  Senator McGuire's  concern that  we're  not restricting                                                          
     the  use to deal with  constituent matters; we're  just trying to                                                          
     avoid  a  situation  where  the  Legislator  takes  on  a  record                                                          
     keeping   obligation  for  contracting  or   employment.  It's  a                                                          
     legislative    immunity    and    records   retention    concern,                                                          
     specifically.                                                                                                              
                                                                                                                                
     MS.  LUCKY said that, with regard to  the Messaging Policy, right                                                          
     now  a  Legislator or  legislative  staff can  use  a legislative                                                          
     computer  to access a gmail, hotmail or  yahoo free email account                                                          
     and   that  is  not  currently  prohibited;   Facebook  does  not                                                          
     necessarily  open up another  avenue that would  otherwise not be                                                          
     available  through  a free  email account.  Perhaps  messaging in                                                          
     general  should be considered instead  through the computer usage                                                          
     policy rather than the proposed Social Media Policy.                                                                       
                                                                                                                                
     REPRESENTATIVE   P.  WILSON  stated  that   she  uses  her  Apple                                                          
     computer  to  conduct  State  business.  She  does  not  use  the                                                          
     standard  equipment provided. She said she  is not allowed to use                                                          
     her  Apple computer so she has her staff  forward emails from her                                                          
     legislative  account  to her  personal account.  She wants  to be                                                          
     able  to use her Apple computer as her  work computer in place of                                                          
     the standard equipment.                                                                                                    
                                                                                                                                
     SENATOR  MCGUIRE suggested  that the Messaging  Policy be removed                                                          
     from  the  proposed  Social  Media Policy  in  that  there is  no                                                          
     distinction   between  this  outlet  and  free  email  and  other                                                          
     portals  that are  currently available.  She thought  the records                                                          
     retention  concern  applies to  very few  lawmakers, such  as the                                                          
     Chair  of  the  Legislative Budget  and  Audit  Committee or  the                                                          
     heads  of Legislative Affairs Agency who  do high level contracts                                                          
     and/or  procurement. She added that she  is an Apple user herself                                                          
     and   seconds  in   spirit  the  notion   that  we  ask   the  IT                                                          
     Subcommittee  to look  at pushing  Information Services  into how                                                          
     we can get IT support for legislative Apple users.                                                                         
                                                                                                                                
     Representative Stoltze joined the meeting at this time.                                                                    
                                                                                                                                
     CHAIR  HAWKER  said  that the  non-standard  equipment policy  is                                                          
     very  much  a separate  issue  than the  access  to social  media                                                          
     currently  before Council. He noted the concern  and that it is a                                                          
     policy  point that  can be  referred to  the IT  Subcommittee for                                                          
     further  consideration  at the  request  of the  members  of this                                                          
     Council.                                                                                                                   
                                                                                                                                
     Chair   Hawker  asked   Mr.  Gardner   if  it  would   place  the                                                          
     Legislature  at unnecessary  risk if  Item III.  Messaging Policy                                                        
     was  deleted from the proposed  Social Media Policy  at this time                                                          
    for  further consideration. Mr. Gardner said  he did not think so                                                           
    and  that it could be placed elsewhere,  as previously suggested.                                                           
    With  regard  to the  second  concern raised  by Senator  McGuire                                                           
    about  promoting  non-profit  organizations,  Chair  Hawker  said                                                           
    that  there are some  fine lines as  to what a Legislator  can do                                                           
    ethically  in supporting organizations. He  asked Mr. Gardner for                                                           
    his  thoughts on that issue  and whether it  resolved the problem                                                           
    if  there  was a  provision  that said  no  action that  violates                                                           
    State  ethics rules to  put the onus  on the ethics  committee to                                                           
    manage that aspect of this policy.                                                                                          
                                                                                                                                
    SENATOR  MCGUIRE asked that  Mr. Gardner look at  the question of                                                           
    a  Legislator promoting  non-profit organizations  through social                                                           
    media specifically.                                                                                                         
                                                                                                                                
    MR.  GARDNER said he  concurred with the Chair's  suggestion that                                                           
    an  ethics reference  is a  way to  deal with  that as  there are                                                           
    many  combinations of facts that may lead  to an ethics issue and                                                           
    no one policy can take those all into account.                                                                              
                                                                                                                                
    REPRESENTATIVE   JOHNSON,   who   also  serves   on  the   Ethics                                                           
    Committee,  said  the  committee  will  take  the policy  or  the                                                           
    statute  that Council presents and fit  the action(s) inside that                                                           
    policy  and declare  if it  is or isn't  an ethics  violation. To                                                           
    say  it's going to  interpret this and  help formulate  this is a                                                           
    misunderstanding   of  how  the  Ethics  Committee  functions.  A                                                           
    policy   with   vague  language   may  lead   to   an  unintended                                                           
    interpretation  by  the Ethics  Committee. They  will  base their                                                           
    determination   against  the   policy  or  statute   and  make  a                                                           
    decision.   He  further  pointed  out  that  the  Democratic  and                                                           
    Republican Parties are non-profit organizations.                                                                            
                                                                                                                                
    VICE  CHAIR MICCICHE  wanted  to know  who defined  whether there                                                           
    was  a financial, commercial  or other sort of gain  if there's a                                                           
    community  event held on  a private piece of  property, which may                                                           
    be  posted  by a  Legislator or  their  staff on  a  social media                                                           
    site.                                                                                                                       
                                                                                                                                
    MS.  LUCKY said that  this is part  of the difficulty.  Once it's                                                           
    allowable  to use  State resources  for updating  Facebook pages,                                                           
    such  as  is being  proposed,  then we  need to  comply  with the                                                           
    ethics  code. This  is now  saying  what one  can and  cannot use                                                           
    State  resources  for. The  non-profit wording  was  an amendment                                                           
    made  at  the IT  Subcommittee  level.  Most of  the language  in                                                           
    section  (b)  was taken  out  of the  Ethics  handbook given  out                                                           
    during  the annual  ethics training. One  possible fix  may be to                                                           
    say  "Any  action that  would violate  the ethics  codeā€¦"  with a                                                           
    statutory reference.                                                                                                        
                                                                                                                                
     REPRESENTATIVE   STOLTZE  said  that  in  previous  conversations                                                          
     about  this  issue, there  was  testimony  by staff  of  what the                                                          
     intent  was and what  was allowable including  compiling campaign                                                          
     lists.  He remains concerned about this. He  said we need to rely                                                          
     on  a combination of statutes and the  best guess at the vagaries                                                          
     of the decisions that the committee will come up with.                                                                     
                                                                                                                                
     MS.   LUCKY,  in  response   to  a  question   by  Representative                                                          
     Gruenberg,  said  there is  no specific  body created  to enforce                                                          
     the  proposed Social Media  Policy although any  ethics violation                                                          
     would  fall under the purview of the  Ethics Committee as happens                                                          
     now for any ethics complaint.                                                                                              
                                                                                                                                
     REPRESENTATIVE  GRUENBERG  said  that if  we are  looking  to the                                                          
     Ethics  Committee to enforce  a social media policy,  we may have                                                          
     to  look at amending  the Ethics  Act to give  them jurisdiction;                                                          
     further,  if they are tasked with enforcing  it then there should                                                          
     be  some input from  the Ethics  Committee on the  development of                                                          
     any  social media policy to  ensure it is workable  and in accord                                                          
     with their other duties.                                                                                                   
                                                                                                                                
     MS.  LUCKY responded that in talking  with Joyce Anderson, Ethics                                                          
     Committee  Administrator,  any ethical  violations  would already                                                          
     be  covered as they would be violations  of the existing code. It                                                          
     is  important to  point out  that the  IT Subcommittee  felt that                                                          
     they  could only  police the  actions of staff  when using  it on                                                          
     State  computers.   There  are  many  actions  on  Facebook  that                                                          
     Legislators  can  do  on  their  private  time  from  their  home                                                          
     computers  that would not be  covered by any policy  as it is not                                                          
     enforceable.  The recourse is  to stop the access  from any State                                                          
     account,  which would be  done through LAA  Information Services.                                                          
     The  IT  Subcommittee felt  that the  policy  should be  in place                                                          
     prior  to  allowing  legislative  staff access  from  legislative                                                          
     computers   so  staff  would  understand  that  the  recourse  of                                                          
     breaking  the policy  would be a  revocation of the  privilege of                                                          
     accessing  Facebook from a  State computer; however,  any ethical                                                          
     violation  would be taken up by the  Ethics Committee which would                                                          
     be handled under their current complaint procedure.                                                                        
                                                                                                                                
     Ms.   Lucky  further   noted,   in  response   to  Representative                                                          
     Gruenberg's   suggestion   that   any   enforcement   action   or                                                          
     consequence  be  explicitly  stated  in  the  policy,  that  said                                                          
     consequence  was  indeed included  on the  draft  Facebook Access                                                          
     Request  and Policy Receipt  Form accompanying  the policy, which                                                          
     an  employee  would  have to  sign  in order  to  gain access  to                                                          
     Facebook.  It states "By  signing below, I am  acknowledging that                                                          
     I  have reviewed this  form, the Alaska Legislature  Social Media                                                          
     Policy,  the  Computer  Systems Acceptable  Use  Policy,  and the                                                          
     Standards  of Conduct  Handbook  for Legislators  and Legislative                                                          
    Employees.  I  understand  that using  social  media websites  in                                                           
    violation  of these policies  may result in  suspension of access                                                           
    or  an  ethical  complaint  and  that  an ethical  violation  may                                                           
    result  in  the  imposition  of  fines  and/or  termination  from                                                           
    employment."                                                                                                                
                                                                                                                                
    The  policy was meant to govern social  media as an umbrella - to                                                           
    give  guidelines   and  acceptable  uses.  The  request  form  is                                                           
    specific   to   Facebook,  which   is   currently  blocked   from                                                           
    legislative computers.                                                                                                      
                                                                                                                                
    The  IT Subcommittee  identified three separate  decisions before                                                           
    Council:  (1) allow access to Facebook  for Legislators, IT staff                                                           
    and  media staff without  adopting a  policy; (2) adopt  a policy                                                           
    and  still deny access  to Facebook;  and/or (3) set  up Facebook                                                           
    accounts  for  legislative  agencies.  The  Subcommittee  further                                                           
    felt  that if the decision  was made to grant  access to Facebook                                                           
    then  Council  should  consider adopting  a  policy  to put  some                                                           
    clear  guidelines in place  so staff isn't  unknowingly violating                                                           
    ethics or acceptable use policies.                                                                                          
                                                                                                                                
                                                                    th                                                          
    CHAIR  HAWKER  noted  this  is  the  third  meeting  of  the  28                                                            
    Legislature's   Legislative  Council;  while  some  members  have                                                           
    great  history with  this topic,  many do not  and may  need more                                                           
    time  for consideration. This  is a policy issue  as discussed in                                                           
    detail  and he  would personally  like to  see it  resolved soon,                                                           
    but  properly and expeditiously.  He proposed setting  aside this                                                           
    item  and asked the IT Subcommittee to  continue working with Mr.                                                           
    Gardner  and staff  at Ethics to  bring forward a  revised Social                                                           
    Media  Policy for consideration,  including addressing  access to                                                           
    Facebook,   the  overall  policy  question   and  the  access  of                                                           
    agencies  to Facebook  with a  comprehensive policy  structure in                                                           
    place.                                                                                                                      
                                                                                                                                
    REPRESENTATIVE  JOHNSON said  that if Council chooses  the option                                                           
    to  deny access  to Facebook  entirely,  the IT  Subcommittee may                                                           
    not need to do further work on a policy.                                                                                    
                                                                                                                                
    CHAIR  HAWKER said the State currently  allows access to a number                                                           
    of  different  social  media sites.  The  proposed  policy  is an                                                           
    umbrella policy that goes beyond access to Facebook.                                                                        
                                                                                                                                
    MS.  LUCKY said that  the IT  Subcommittee did discuss  whether a                                                           
    Social  Media  Policy  was even  needed  given the  Legislature's                                                           
    ethics  laws since, as Senator  McGuire pointed out,  it is up to                                                           
    each  individual to  understand and abide  by those in  all forms                                                           
    regardless  of the  communications avenue  used to  conduct State                                                           
    business.  At  this  point,  access  to  Facebook is  limited  to                                                           
    Legislators  and  media  staff, so  the  question still  remains,                                                           
     with  or  without  the policy,  what  is  the Council's  decision                                                          
     regarding  access to Facebook.  There were some  legitimate needs                                                          
     brought  forward  by  agencies  that have  to  go  to a  personal                                                          
     computer  to conduct  official investigative  work when  it comes                                                          
     to accessing Facebook.                                                                                                     
                                                                                                                                
     REPRESENTATIVE  JOHNSON  said  that in  his experience  attending                                                          
     conferences  with other state Legislators,  if access to Facebook                                                          
     is allowed, a policy is definitely necessary.                                                                              
                                                                                                                                
     CHAIR  HAWKER  agreed  that Council  could  resolve the  question                                                          
     today of whether access to Facebook is allowed.                                                                            
                                                                                                                                
     VICE  CHAIR  MICCICHE said  he was  convinced  by the  breadth of                                                          
     this  discussion that his staff  has no reason to  be on Facebook                                                          
     and can't imagine that there is time to be on Facebook.                                                                    
                                                                                                                                
     REPRESENTATIVE  PRUITT said Facebook can be  and is in many cases                                                          
     a   means  of  communication   with  constituents,   friends  and                                                          
     neighbors.  Recognizing  the concern  with potentially  allowing,                                                          
     as  mentioned, a limited  or incidental usage,  he suggested that                                                          
     perhaps  access  could  be  limited  from  State computers  to  a                                                          
     specific Facebook page related to a specific office.                                                                       
                                                                                                                                
     SENATOR   MCGUIRE  stated  she  was   more  concerned  about  the                                                          
     limitation  placed  on,  for  instance,  the Office  of  Victims'                                                          
     Rights  in being  able to conduct  their investigative  work. The                                                          
     issue  of the Legislature accessing  Facebook is not  as big of a                                                          
     concern  and  she would  be comfortable  voting  it down  at this                                                          
     point.  She and her  office have found  a way to  access Facebook                                                          
     without   using  a  State  computer  and   she  doesn't  want  to                                                          
     unintentionally   find   herself  limited   in  her   ability  to                                                          
     communicate  with her constituents.  She supports  carving out an                                                          
     exception   for  those  agencies  that  need  access  to  conduct                                                          
     investigatory  work  with  the  caveat  that  we  don't  want  to                                                          
     encourage  the public  to communicate primarily  through Facebook                                                          
     with those agencies.                                                                                                       
                                                                                                                                
     MS.  LUCKY confirmed  that  most agencies  have not  requested to                                                          
     have  a  page on  Facebook for  communication,  but rather  to be                                                          
     able  to  access Facebook  if  a complaint  is  made involving  a                                                          
     posting  on a  Facebook page,  for example,  so they  can confirm                                                          
     the  complaint; however,  Legislative Audit  has asked to  have a                                                          
     presence  as  well  as  the  Office  of  the  Ombudsman  for  the                                                          
     purposes   of  recruitment  and  outreach.  With  regard  to  the                                                          
     comment   made  about   limited  and   incidental  use,   the  IT                                                          
     Subcommittee  put in specific language that  such use would be at                                                          
     the  discretion of the  supervisor. Further, the  IT Subcommittee                                                          
     felt  that  any  access  or  action  by  staff  would be  at  the                                                          
    discretion  of  their supervisor  and that  the  supervisor would                                                           
    have  to approve each staff's access and  usage request and could                                                           
    set  whatever  policy they  wanted for  their individual  office.                                                           
    Policing  would be difficult  in general, but  each supervisor is                                                           
    better able to assess their staff needs and behaviors.                                                                      
                                                                                                                                
    Facebook  can  be a  useful tool  for  staff to  keep  abreast of                                                           
    breaking  news. There  was an  instance where  a city that  had a                                                           
    Legislative  Information Office  was only issuing  weather alerts                                                           
    on  Facebook and  the LIO  was unable  to access  the page  to be                                                           
    aware.                                                                                                                      
                                                                                                                                
    CHAIR  HAWKER reiterated  the  suggestion that  this item  be set                                                           
    aside  to give members time for additional  consideration as well                                                           
    as  to  give agency  staff  time to  communicate  their  needs to                                                           
    individual members.                                                                                                         
                                                                                                                                
    REPRESENTATIVE   STOLTZE  reminded   Council  members   that  the                                                           
    Legislature  is currently operating  under an expired  policy put                                                           
    forth   by  a   previous  Legislative   Council.  He   asked  for                                                           
    confirmation  that one of  the options is to  eliminate access to                                                           
    Facebook altogether when the item comes back.                                                                               
                                                                                                                                
    CHAIR  HAWKER  said  that  any existing  policy  set  forth  by a                                                           
    previous  Council  is  in  effect  until  and unless  changed  by                                                           
    Legislative Council.                                                                                                        
                                                                                                                                
    REPRESENTATIVE  STOLTZE  said  he  is  encouraged  by what  other                                                           
    members  have said about the possibility  of eliminating Facebook                                                           
    altogether.  He said there is a possibility  of deleting a lot of                                                           
    this  debate by  having a  motion to  eliminate  interaction with                                                           
    Facebook.                                                                                                                   
                                                                                                                                
    CHAIR HAWKER said he would entertain such a motion.                                                                         
                                                                                                                                
    REPRESENTATIVE  STOLTZE, in  response to  those members  who said                                                           
    they  didn't hear his comment,  said he wasn't sure  he wanted to                                                           
    make   a  motion   today  without   further   consideration,  but                                                           
    reiterated   he  would  support  a  motion   today  to  eliminate                                                           
    involvement    with   social   media    in   this   business/work                                                           
    environment.                                                                                                                
                                                                                                                                
    CHAIR  HAWKER repeated that  he would be happy  to entertain such                                                           
    a motion today.                                                                                                             
                                                                                                                                
    REPRESENTATIVE  STOLTZE  moved that  Legislative  Council rescind                                                           
    the  previous action that provided for  legislative access to the                                                           
    use of Facebook using State resources.                                                                                      
                                                                                                                                
     REPRESENTATIVE P. WILSON objected to the motion.                                                                           
                                                                                                                                
     CHAIR  HAWKER clarified the motion for  members saying that it is                                                          
     to   prohibit   Facebook   access   by  either   Legislators   or                                                          
     legislative agencies from legislative computers.                                                                           
                                                                                                                                
     REPRESENTATIVE  STOLTZE concurred and further  clarified that the                                                          
     term   "for  Legislators"  would  cover   the  whole  legislative                                                          
     office, by definition.                                                                                                     
                                                                                                                                
     CHAIR  HAWKER  said it  meant  the entire  legislative  branch of                                                          
     government.                                                                                                                
                                                                                                                                
     VICE  CHAIR MICCICHE, speaking out of courtesy  for how folks are                                                          
     currently  doing things,  asked if  the person making  the motion                                                          
     would  consider  a  friendly amendment  of  setting an  effective                                                          
     date for the end of the 2013 session.                                                                                      
                                                                                                                                
     5:10:34 PM                                                                                                               
     CHAIR HAWKER called an at-ease.                                                                                            
                                                                                                                                
     5:15:47 PM                                                                                                               
     CHAIR  HAWKER called  the  meeting back  to order  after allowing                                                          
     for  informal  discussion  between  members  about  the  proposed                                                          
     motion and amendment and the history behind it.                                                                            
                                                                                                                                
     REPRESENTATIVE  STOLTZE, with no dimming  of his ongoing concerns                                                          
     with  Facebook  and potential  misuses, withdrew  his  motion for                                                          
     more thoughtful consideration of the issue.                                                                                
                                                                                                                                
     CHAIR  HAWKER offered a  statement of historical  perspective for                                                          
     new  members noting that the  issue of a social  media policy and                                                          
     specifically  Facebook goes  back to a prior  Legislative Council                                                          
     meeting,  February  3,  2011,  where  there  was  a  motion  that                                                          
     carried   approving  a  one  year  trial   period  allowing  each                                                          
     Legislator,   legislative  press  offices,  webmasters,  and  the                                                          
     Information   Services   Help  Desks   access  to   Facebook  for                                                          
     legislative business only.                                                                                                 
                                                                                                                                
     Chair  Hawker asked unanimous  consent of the  committee to allow                                                          
     him  as Chair to extend that trial period  for the amount of time                                                          
     it  takes  to bring  back to  Council  a more  formal  policy and                                                          
     discussion and a full resolution of this issue.                                                                            
                                                                                                                                
     In  response to  a question  by Representative  Stoltze regarding                                                          
     the  time  frame  for bringing  the  issue  back  to Council  and                                                          
     noting  that it a  busy time for  everyone, Chair  Hawker said he                                                          
     was  careful to  state that  the trial  period be  extended until                                                          
     such  time  as a  more formal  policy and  discussion  can occur.                                                          
    Those  agencies requesting  access will  have to wait  until such                                                           
    time.   In  response  to  Representative   Gruenberg,  the  Chair                                                           
    reiterated  the  question asking  the concurrence  of  the entire                                                           
    Council  to  continue to  operate under  the previously  approved                                                           
    trial guidelines.                                                                                                           
                                                                                                                                
    There  was  no objection  to  continuing the  trial  period until                                                           
    further notice.                                                                                                             
                                                                                                                                
 V. CAPITOL SECURITY                                                                                                          
                                                                                                                              
    SENATOR  STEVENS  said that  although  most people  want  to keep                                                           
    access  to the Capitol Building  as open as  possible, there have                                                           
    been  some  concerns  expressed about  security  in general,  and                                                           
    specifically  the quality of the existing  security cameras as an                                                           
    example.  Juneau is a fairly safe place  and that has perhaps led                                                           
    to  a more relaxed approach  to security; there  are a variety of                                                           
    options  worth considering and he asked  that the Chair appoint a                                                           
    subcommittee  to  discuss  them  and  report  back  to  the  full                                                           
    Council  with recommendations by the end  of session, even if the                                                           
    final recommendation is to take no action.                                                                                  
                                                                                                                                
    CHAIR   HAWKER  asked  that   any  Legislator,   in  addition  to                                                           
    appropriate  security personnel,  with a desire to  serve on that                                                           
    subcommittee to please contact his office.                                                                                  
                                                                                                                                
    REPRESENTATIVE  STOLTZE said the definition  of security can take                                                           
    on  a  lot of  permutations  of  how we  can  allow employees  to                                                           
    better  defend themselves and  that would be  a worthy discussion                                                           
    for the subcommittee to have.                                                                                               
                                                                                                                                
    CHAIR  HAWKER  remarked that  security matters  within  the State                                                           
    facility  system do qualify  for discussing in  executive session                                                           
    by  statute specifically because this is  such a sensitive issue.                                                           
    As  this issue is brought back before  Council, the definition of                                                           
    security  and the scope of consideration  and concern will happen                                                           
    in executive session.                                                                                                       
                                                                                                                                
    Chair  Hawker  said,  in response  to  a  question about  whether                                                           
    subcommittees    formed   by   previous   Legislative   Council's                                                           
    continued  in force,  that they  do not;  like all  committees in                                                           
    the  Legislature,  unless  reappointed,  they  are  no longer  in                                                           
    force or in effect under a new legislature.                                                                                 
                                                                                                                                
    He  notified  members that  there  is now  a Legislative  Council                                                           
    link   on  the   Legislature's  website   to  ensure   access  to                                                           
    information   regarding  complex   issues  and   projects  before                                                           
    Council  are  available  and easy  to  find.  In particular,  the                                                           
     status  of the  restoration of  the envelope  of the  Capitol and                                                          
     the reports produced to date may be found on this site.                                                                    
                                                                                                                                
     He  reminded members  that, in  August 2012,  Legislative Council                                                          
     approved  a contract with  Paul Lukes for an  evaluation study of                                                          
     the  Capitol  exterior/envelope.  That  report  is  complete  and                                                          
     copies  are  available  for  every  member  as  well  as  on  the                                                          
     Legislative  Council  website. At  the December  2012 Legislative                                                          
     Council  meeting,  a project  design services  contract  based on                                                          
     the  Paul Lukes  evaluation  study was  approved to  be completed                                                          
     and  brought to bid.  Phase I was issued  as an intent  to bid on                                                          
     March  14, 2013, which  is the work  to be completed  this summer                                                          
     on  the portico of  the Capitol. The  due date is  April 5, 2013,                                                          
     and  in order to keep that project moving  forward, there will be                                                          
     a  Legislative Council  meeting on  or around  April 9,  2013, to                                                          
     bring  forward  a proposal  to approve  a selection  of  a bidder                                                          
     under  that  ITB. Jensen,  Yorba,  Lott is  following  through on                                                          
     their  contract to develop the second ITB  for the greater design                                                          
     for  the  rest  of the  Capitol  envelope  restoration. The  Paul                                                          
     Lukes  study identified  three options,  which the Chair  took to                                                          
     the  steering  committee  established  at  the  last  Legislative                                                          
     Council  meeting. They  agreed with  both the structural  and the                                                          
     restoration  architects that  there was  a clear  and efficacious                                                          
     choice  of those three.  Option 2 had  the most long-term benefit                                                          
     and  greatest bang  for the  money route  forward. At  this time,                                                          
     Jensen,  Yorba, Lott is moving forward to  develop an ITB for the                                                          
     full  restoration of the exterior of this  Capitol using Option 2                                                          
     of  the Paul Lukes evaluation study  being distributed to members                                                          
     now.                                                                                                                       
                                                                                                                                
     Chair  Hawker said that  the Anchorage LIO  extension/lease issue                                                          
     is  being considered by the subcommittee  tasked with that. There                                                          
     will  be some  informal discussions  taking place with  those who                                                          
     responded  to a  prior request for  information on  that project.                                                          
     He  said  the subcommittee  hopes to  bring forward  in  the very                                                          
     near  future some concrete  thoughts and proposals  regarding the                                                          
     Anchorage LIO building.                                                                                                    
                                                                                                                                
     Chair  Hawker said that the Legislature's  budget brought forward                                                          
     by  Legislative Council  has passed  out of  the House  with some                                                          
     additional  monies removed  and has passed  out of the  Senate so                                                          
     will  move  on  to conference  committee  for  resolution  in the                                                          
     greater budget process.                                                                                                    
                                                                                                                                
     Chair  Hawker asked  Ms. Varni if  she would please  come forward                                                          
     in  order that she be  at the table when he  notified everyone in                                                          
                                                             th                                                                 
     the  room of the momentous  occasion that marked her 35   year of                                                          
     State  service. In the  midst of much  applause and  on behalf of                                                          
     the  entire Legislature, Chair  Hawker, noting  the daunting task                                                          
    of ensuring the efficient and high level functioning of the                                                                 
    Legislature, congratulated Ms. Varni on 35 years of service and                                                             
    sincerely thanked her for all she has given to the Legislature.                                                             
                                                                                                                                
    There being no further business before the committee, the                                                                   
    Legislative Council meeting was adjourned at 5:32 p.m.                                                                      
                                                                                                                                
    5:32:47 PM                                                                                                                

Document Name Date/Time Subjects
Agenda.pdf JLEC 3/21/2013 4:00:00 PM
Anchorage LIO Lease.pdf JLEC 3/21/2013 4:00:00 PM
Facebook Access Requests.pdf JLEC 3/21/2013 4:00:00 PM
IT Subcommittee Memo on Social Media.pdf JLEC 3/21/2013 4:00:00 PM
Social Media Policy Draft.pdf JLEC 3/21/2013 4:00:00 PM
Facebook Access Request Form Draft.pdf JLEC 3/21/2013 4:00:00 PM
REVISED Social Media Policy Draft.pdf JLEC 3/21/2013 4:00:00 PM
Capitol Building Security Memo.pdf JLEC 3/21/2013 4:00:00 PM