00                             HOUSE BILL NO. 201                                                                          
01 "An Act relating to legal representation of public officers in ethics complaints."                                      
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 39.52 is amended by adding a new section to read:                                                  
04 Sec. 39.52.165. Reimbursement of legal expenses; representation of public                                             
05 officers. (a) Notwithstanding AS 39.52.110(a), 39.52.120(a), 39.52.130(a), and                                        
06 39.52.150(a), a public officer or former public officer who is the subject of a                                         
07 complaint filed under this chapter may request and accept from an agency                                                
08 reimbursement of reasonable legal expenses that the officer incurs to defend against                                    
09 the complaint. A public officer or former public officer who accepts reimbursement                                      
10       under this section shall promptly repay all money received if the officer is not                                  
11       exonerated of all violations of this chapter alleged in the complaint.                                            
12 (b)  When authorizing reimbursement under this section before a complaint is                                            
13 resolved, the reimbursing agency shall execute a written agreement requiring the                                        
14 public officer or former public officer who is the subject of the complaint to promptly                                 
15 repay all money received if the officer is not exonerated of all violations of this                                     
01       chapter alleged in the complaint.                                                                                 
02 (c)  Notwithstanding AS 39.52.120(a) and (b)(3), a public officer who is                                                
03 authorized by an agency to approve reimbursement of reasonable legal expenses by                                        
04 that agency under this section may approve the reimbursement of the expenses of                                         
05       another public officer or a former public officer.                                                                
06 (d)  Except for reimbursement of reasonable legal expenses under this section,                                          
07 the Department of Law, including the attorney general, may not represent, advise, or                                    
08 assist the governor, lieutenant governor, or another public officer or former public                                    
09 officer in a matter in which that public officer or former public officer is the subject of                             
10       a complaint filed under this chapter.                                                                             
11            (e)  In this section,                                                                                        
12 (1)  "exonerated" means dismissed under AS 39.52.310(d), 39.52.320,                                                     
13 or 39.52.370(d), dismissed after an appeal taken under AS 39.52.370(f), or                                              
14 recommended for preventive action under AS 39.52.330; "exonerated" does not                                             
15       include dismissed or resolved with corrective action under AS 39.52.330;                                          
16 (2)  "reasonable legal expenses" means costs for professional services                                                  
17 customarily performed by an attorney or delegated by an attorney for performance by                                     
18 an investigator, paralegal, or law clerk that, when based on the complexity of the                                      
19 matter, the amount of work performed, the number of hours worked, the rates or fees                                     
20 customarily charged in the state for similar professional services, and the potential                                   
21 harm to the public officer or the former public officer from allegations in the                                         
22       complaint, were necessarily incurred.                                                                             
23    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
24 read:                                                                                                                   
25 APPLICABILITY. AS 39.52.165, enacted by sec. 1 of this Act, applies to requests for                                     
26 reimbursement made on or after the effective date of this Act and to contracts that take effect                         
27 on or after the effective date of this Act.