Legislature(2017 - 2018)ANCH LIO Rm 223

12/12/2017 12:00 PM RULES

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Audio Topic
12:37:18 PM Start
12:39:27 PM Investigative Report Dated December 7, 2017
01:03:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Reports from Legislative TELECONFERENCED
Affairs Agency
Executive Session
                    ALASKA STATE LEGISLATURE                                                                                  
                SENATE RULES STANDING COMMITTEE                                                                               
                       December 12, 2017                                                                                        
                           12:37 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Kevin Meyer, Chair                                                                                                      
Senator Pete Kelly                                                                                                              
Senator Peter Micciche                                                                                                          
Senator Berta Gardner                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Anna MacKinnon                                                                                                          
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Charisse Millett                                                                                                 
Representative DeLena Johnson                                                                                                   
Senator David Wilson                                                                                                            
Representative Bryce Edgmon                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
INVESTIGATORY REPORT DATED NOVEMBER 30, 2017                                                                                    
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to consider                                                                                                  
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SKIFF LOBAUGH, Manager                                                                                                          
Human Resources                                                                                                                 
Legislative Affairs Agency                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Commented on the redacted confidential Memo                                                               
entitled "Investigatory Report for Incident June 15, 2017."                                                                     
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
12:37:18 PM                                                                                                                   
CHAIR  KEVIN MEYER  called the  Senate  Rules Standing  Committee                                                             
meeting to order at 12:37 p.m.  Present at the call to order were                                                               
Senators  Kelly,  Micciche, Gardner,  and  Chair  Meyer. He  said                                                               
Senator Wilson was also present.                                                                                                
                                                                                                                                
Also present were Megan Wallace  from the Division of Legislative                                                               
Legal  Services; Amory  Lelake, staff  to Representative  Edgmon;                                                               
and Jody Simpson and Gary Zepp, staff to Senator Wilson.                                                                        
                                                                                                                                
^Investigative Report dated December 7, 2017                                                                                    
       Investigatory Report for Incident on June 15, 2017                                                                   
                                                                                                                              
12:39:27 PM                                                                                                                   
CHAIR  MEYER  announced   that  the  hearing  would   be  on  the                                                               
Confidential Memorandum [dated  November 30, 2017] "Investigatory                                                               
Report  for Incident  on June  15, 2017"  discussing whether  the                                                               
Investigatory Report  for Incident  on June  15, 2017,  should be                                                               
released to the public.                                                                                                         
                                                                                                                                
12:40:00 PM                                                                                                                   
At ease from 12:40 to 12:51 p.m.                                                                                                
                                                                                                                                
12:51:01 PM                                                                                                                   
CHAIR MEYER  called the meeting back  to order at 12:51  p.m. and                                                               
said that  Senator Micciche  would review  the general  topics of                                                               
the  report  for  the  committee  included  in  the  accompanying                                                               
memorandum, and then he would open the committee for questions.                                                                 
                                                                                                                                
12:52:16 PM                                                                                                                   
SENATOR  MICCICHE  said  a  Legislative  Legal  memorandum  dated                                                               
December 7,  2017, discussed whether  the Rules Committee  is the                                                               
appropriate venue to address this  issue and what the options are                                                               
for  releasing the  November 30,  2017 report  to the  public: in                                                               
full or redacted form, or just release the conclusions.                                                                         
                                                                                                                                
He explained that  Uniform Rule 22 allows a committee  to meet in                                                               
executive  session  and  talk about  confidential  subjects,  but                                                               
because the  committee decided to  address the  redacted version,                                                               
it  did not  have to  meet  in executive  session. The  committee                                                               
process was  also chosen for transparency.  However, should there                                                               
be  any subject  that crossed  the line  of confidentiality,  the                                                               
committee could always  go into executive session  to address it.                                                               
The goal  today was to  deal with  this issue without  going into                                                               
executive session.                                                                                                              
                                                                                                                                
12:54:02 PM                                                                                                                   
SENATOR  MICCICHE explained  that  the  Alaska State  Legislature                                                               
Sexual   and  Other   Workplace  Harassment   Policy  [that   the                                                               
legislature  is currently  operating  under] specifically  states                                                               
that   the  matter   should  be   referred  to   the  appropriate                                                               
legislative  body,  which  the memorandum  opines  is  the  Rules                                                               
Committee.                                                                                                                      
                                                                                                                                
SENATOR  KELLY noted  that  some  names in  the  report were  not                                                               
redacted,  but they  were part  of  the public  records as  being                                                               
involved in the investigation.                                                                                                  
                                                                                                                                
SENATOR  MICCICHE  reviewed  the  Investigatory  Report  for  the                                                               
Incident   of   June   15,  2017   with   redacted   identifiers:                                                               
investigation   introduction,  materials   list,  evidence   from                                                               
interviews  with   video,  findings,  and  the   conclusions  and                                                               
recommendations as addressed by  the legislative legal team. They                                                               
are not required  to release this report, but in  the interest of                                                               
transparency the Rules Committee would release both documents.                                                                  
                                                                                                                                
CHAIR MEYER agreed 100 percent. He  wanted the whole report to be                                                               
released, because the  general public would know  the process the                                                               
human resources manager went through to reach the conclusions.                                                                  
                                                                                                                                
12:56:51 PM                                                                                                                   
SENATOR GARDNER  said the  first sentence  in the  Human Resource                                                               
document [dated November 30, 2017]  said Mr. Lobaugh was informed                                                               
during  a  meeting  about  the common  knowledge  of  an  alleged                                                               
incident and  asked if that  was from  an individual or  group of                                                               
people.                                                                                                                         
                                                                                                                                
SKIFF  LOBAUGH,  Manager,  Human Resources,  Legislative  Affairs                                                               
Agency, Alaska  State Legislature,  Juneau, Alaska,  replied that                                                               
he heard it from a couple of individuals.                                                                                       
                                                                                                                                
SENATOR GARDNER  said aside  from that,  his report  answered all                                                               
the  questions  she would  have  asked,  and that  she  supported                                                               
releasing the entire report. She  agrees with the conclusions and                                                               
doesn't believe that Senator Wilson  intended harassment, but she                                                               
understands the  staffer's position,  also, being  inhibited from                                                               
doing the  job she is  supposed to do  by a senator  against whom                                                               
she had very little authority.                                                                                                  
                                                                                                                                
SENATOR  MICCICHE said  that Speaker  Edgmon made  comments about                                                               
potential retaliatory  actions, and those are  being evaluated by                                                               
the committee, legal team, and Human Resources.                                                                                 
                                                                                                                                
12:58:40 PM                                                                                                                   
SENATOR  KELLY  said  the   legislature's  employees  are  highly                                                               
valued, and  inappropriate conduct  is not  tolerated. Leadership                                                               
made the  decision to go  to the  Rules Committee for  reasons of                                                               
transparency. He  recommended that  Doug Gardner,  Lead Attorney,                                                               
Legislative Legal,  and Skiff Lobaugh, Manager,  Human Resources,                                                               
come  up with  policies  and guidelines,  because current  policy                                                               
does not  cover this unusual  circumstance. He looked  forward to                                                               
that process.                                                                                                                   
                                                                                                                                
1:01:06 PM                                                                                                                    
SENATOR GARDNER  said Speaker  Edgmon has  denied ever  using the                                                               
phrase "hang  and burn,"  and she wondered  if anyone  knew where                                                               
that first came into the conversation.                                                                                          
                                                                                                                                
SENATOR MICCICHE said he didn't want  to deal with hearsay in the                                                               
meeting. He said it was important  that the public know the names                                                               
were redacted to protect potential  victims, and that issue would                                                               
be evaluated  on a case-by-case  process. So, this action  is not                                                               
setting a precedent.                                                                                                            
                                                                                                                                
SENATOR  KELLY  moved to  release  the  Investigatory Report  for                                                               
Incident June  15, 2017, dated  November 30, 2017,  with redacted                                                               
names and identifiers, along with  the attached legal memo. There                                                               
were no objections and it was so ordered.                                                                                       
                                                                                                                                
1:03:21 PM                                                                                                                    
CHAIR MEYER adjourned the Senate  Rules Committee meeting at 1:03                                                               
p.m.                                                                                                                            
                                                                                                                                
                                                                                                                                

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