HB 298: "An Act relating to the Legislative Ethics Act; relating to legislative subpoenas; relating to the jurisdiction of the office of the ombudsman; and providing for an effective date."
00 HOUSE BILL NO. 298 01 "An Act relating to the Legislative Ethics Act; relating to legislative subpoenas; relating 02 to the jurisdiction of the office of the ombudsman; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 24.25.010(e) is amended to read: 05 (e) This section does not apply to the legislative council, [OR TO] the 06 Legislative Budget and Audit Committee, or the Select Committee on Legislative 07 Ethics. 08 * Sec. 2. AS 24.55.330(2) is amended to read: 09 (2) "agency" includes a department, office, institution, corporation, 10 authority, organization, commission, committee, council, or board of a municipality or 11 in the executive, legislative, or judicial branches of the state government, and a 12 department, office, institution, corporation, authority, organization, commission, 13 committee, council, or board of a municipality or of the state government independent 14 of the executive, legislative, and judicial branches; it also includes an officer,
01 employee, or member of an "agency" acting or purporting to act in the exercise of 02 official duties, but does not include the governor, the lieutenant governor, a member of 03 the legislature, the victims' advocate, the staff of the office of victims' rights, a public 04 member of the Select Committee on Legislative Ethics, an employee of the Select 05 Committee on Legislative Ethics, a justice of the supreme court, a judge of the court 06 of appeals, a superior court judge, a district court judge, a magistrate, a member of a 07 city council or borough assembly, an elected city or borough mayor, or a member of 08 an elected school board; 09 * Sec. 3. AS 24.60.030(a) is amended to read: 10 (a) A legislator or legislative employee may not 11 (1) solicit, agree to accept, or accept a benefit other than official 12 compensation for the performance of public duties; this paragraph may not be 13 construed to prohibit 14 (A) lawful solicitation for and acceptance of campaign 15 contributions; 16 (B) solicitation or acceptance of contributions for a charity 17 event, as defined in AS 24.60.080(a)(2)(B); 18 (C) the acceptance of a gift under AS 24.60.075 or 24.60.080; 19 or 20 (D) a legislator from accepting reasonable, ordinary, and 21 customary travel and hospitality primarily for the purpose of solemnizing a 22 marriage under AS 25.05.261(a)(4); 23 (2) use public funds, facilities, equipment, services, or another 24 government asset or resource for a nonlegislative purpose, for involvement in or 25 support of or opposition to partisan political activity, or for the private benefit of the 26 legislator, legislative employee, or another person; this paragraph does not prohibit 27 (A) limited use of state property and resources for personal 28 purposes if the use does not interfere with the performance of public duties and 29 either the cost or value related to the use is nominal or the legislator or 30 legislative employee reimburses the state for the cost of the use; 31 (B) the use of mailing lists, computer data, or other information
01 lawfully obtained from a government agency and available to the general 02 public for nonlegislative purposes; 03 (C) the legislative council, notwithstanding AS 24.05.190, from 04 designating a public facility for use by legislators and legislative employees for 05 health or fitness purposes; when the council designates a facility to be used by 06 legislators and legislative employees for health or fitness purposes, it shall 07 adopt guidelines governing access to and use of the facility; the guidelines may 08 establish times in which use of the facility is limited to specific groups; 09 (D) a legislator from using the legislator's private office in the 10 capital city during a legislative session, and for the 10 days immediately before 11 and the 10 days immediately after a legislative session, for nonlegislative 12 purposes if the use does not interfere with the performance of public duties and 13 if there is no cost to the state for the use of the space and equipment, other than 14 utility costs and minimal wear and tear, or the legislator promptly reimburses 15 the state for the cost; an office is considered a legislator's private office under 16 this subparagraph if it is the primary space in the capital city reserved for use 17 by the legislator, whether or not it is shared with others; 18 (E) a legislator from use of legislative employees to prepare 19 and send out seasonal greeting cards; 20 (F) a legislator from using state resources to transport 21 computers or other office equipment owned by the legislator but primarily used 22 for a state function; 23 (G) use by a legislator of photographs of that legislator; 24 (H) reasonable use of the Internet by a legislator or a legislative 25 employee except if the use is for election campaign purposes; 26 (I) a legislator or legislative employee from soliciting, 27 accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable 28 organization in a state facility; 29 (J) a legislator from sending any communication in the form of 30 a newsletter to the legislator's constituents, except a communication expressly 31 advocating the election or defeat of a candidate or a newsletter or material in a
01 newsletter that is clearly only for the private benefit of a legislator or a 02 legislative employee; [OR] 03 (K) full participation in a charity event approved in advance by 04 the Alaska Legislative Council; or 05 (L) a legislator from using the title "Senator" or 06 "Representative," as appropriate, as long as the legislator does not take or 07 withhold action in exchange for a private benefit for the legislator or 08 another person; 09 (3) knowingly seek, accept, use, allocate, grant, or award public funds 10 for a purpose other than that approved by law, or make a false statement in connection 11 with a claim, request, or application for compensation, reimbursement, or travel 12 allowances from public funds; 13 (4) require a legislative employee to perform services for the private 14 benefit of the legislator or employee at any time, or allow a legislative employee to 15 perform services for the private benefit of a legislator or employee on government 16 time; it is not a violation of this paragraph if the services were performed in an 17 unusual or infrequent situation and the person's services were reasonably necessary to 18 permit the legislator or legislative employee to perform official duties; 19 (5) use or authorize the use of state funds, facilities, equipment, 20 services, or another government asset or resource for the purpose of political fund 21 raising or campaigning; this paragraph does not prohibit 22 (A) limited use of state property and resources for personal 23 purposes if the use does not interfere with the performance of public duties and 24 either the cost or value related to the use is nominal or the legislator or 25 legislative employee reimburses the state for the cost of the use; 26 (B) the use of mailing lists, computer data, or other information 27 lawfully obtained from a government agency and available to the general 28 public for nonlegislative purposes; 29 (C) storing or maintaining, consistent with (b) of this section, 30 election campaign records in a legislator's office; 31 (D) a legislator from using the legislator's private office in the
01 capital city during a legislative session, and for the 10 days immediately before 02 and the 10 days immediately after a legislative session, for nonlegislative 03 purposes if the use does not interfere with the performance of public duties and 04 if there is no cost to the state for the use of the space and equipment, other than 05 utility costs and minimal wear and tear, or the legislator promptly reimburses 06 the state for the cost; an office is considered a legislator's private office under 07 this subparagraph if it is the primary space in the capital city reserved for use 08 by the legislator, whether or not it is shared with others; or 09 (E) use by a legislator of photographs of that legislator. 10 * Sec. 4. AS 24.60.035 is amended to read: 11 Sec. 24.60.035. Protection of whistle blowers. (a) A legislator or legislative 12 employee may not, directly or indirectly, subject a person to reprisal, harassment, or 13 discrimination for reporting [WHO REPORTS] to the committee or another 14 government entity conduct the person reasonably believes is a violation of this chapter 15 or another state law [, TO REPRISAL, HARASSMENT, OR DISCRIMINATION]. 16 (b) A legislative employee who is discharged, disciplined, involuntarily 17 transferred, or otherwise penalized by a legislator or another legislative employee in 18 violation of this section [SUBSECTION] may 19 (1) bring a complaint before the committee; and 20 (2) bring a separate civil action in the courts seeking damages, 21 payment of back wages, reinstatement, or other relief. 22 * Sec. 5. AS 24.60.080(d) is amended to read: 23 (d) A legislator or legislative employee who accepts a gift under (c)(4) of this 24 section that has a value of $250 or more or a ticket to a charity event or gift in 25 connection with a charity event under (c)(10) of this section that has a value of $250 26 or more shall disclose to the committee, within 60 days after receipt of the gift, the 27 name and occupation of the donor and the approximate value of the gift and, for a gift 28 under (c)(4) of this section, a copy of the agenda or other documentation 29 sufficient to show that the gift was primarily for the purpose of obtaining 30 information on a matter of legislative concern. A legislator or legislative employee 31 who accepts a gift under (c)(8) of this section that the recipient expects will have a
01 value of $250 or more in the calendar year shall disclose to the committee, within 30 02 days after receipt of the gift, the name and occupation of the donor, a general 03 description of the matter of legislative concern with respect to which the gift is made, 04 and the approximate value of the gift. The committee shall maintain a public record of 05 the disclosures it receives relating to gifts under (c)(4), (c)(8), (c)(10), and (i) of this 06 section and shall forward the disclosures to the appropriate house for inclusion in the 07 journal. The committee shall forward to the Alaska Public Offices Commission copies 08 of the disclosures concerning gifts under (c)(4), (c)(8), (c)(10), and (i) of this section 09 that it receives from legislators and legislative directors. A legislator or legislative 10 employee who accepts a gift under (c)(6) of this section that has a value of $250 or 11 more shall, within 30 days after receiving the gift, disclose to the committee the name 12 and occupation of the donor and a description of the gift. The committee shall 13 maintain disclosures relating to gifts under (c)(6) of this section as confidential records 14 and may only use, or permit a committee employee or contractor to use, a disclosure 15 under (c)(6) of this section in the investigation of a possible violation of this section or 16 in a proceeding under AS 24.60.170. If the disclosure under (c)(6) of this section 17 becomes part of the record of a proceeding under AS 24.60.170, the confidentiality 18 provisions of that section apply to the disclosure. 19 * Sec. 6. AS 24.60.130(c) is amended to read: 20 (c) Not [NO] more than one public member may be a former legislator and 21 not [NO] more than two public members of the committee may be members of the 22 same political party. In this subsection, "public member" does not include an 23 alternate public member. 24 * Sec. 7. AS 24.60.130(f) is amended to read: 25 (f) The committee may contract for professional services and may employ 26 staff as it considers necessary. A committee employee, including a person who 27 provides personal services under a contract with the committee, may not be a 28 legislator, an elected or appointed official of a state or local governmental entity, an 29 officer of a political party, a candidate for public office, or a registered lobbyist. The 30 legislative council shall provide office space, equipment, and additional staff support 31 for the committee. The committee shall submit a budget for each fiscal year to the
01 finance committees of the legislature and shall annually submit an estimated budget to 02 the governor for information purposes in preparation of the state operating budget. 03 Public members of the committee serve without compensation for members' [THEIR] 04 services, but are entitled to per diem equal to the per diem adopted by the 05 legislative council under AS 24.10.130(c) for legislators and reimbursement of 06 [AND] travel expenses [AUTHORIZED FOR BOARDS AND COMMISSIONS 07 UNDER AS 39.20.180]. 08 * Sec. 8. AS 24.60.150(b) is amended to read: 09 (b) The committee may 10 (1) recommend legislation to the legislature the committee considers 11 desirable or necessary to promote and maintain high standards of ethical conduct in 12 government; 13 (2) in a matter before the committee, subpoena witnesses, administer 14 oaths, [AND] take testimony [RELATING TO MATTERS BEFORE THE 15 COMMITTEE], and, when authorized by the chair of the committee, subpoena 16 [MAY REQUIRE] the production [FOR EXAMINATION] of [ANY] books or papers 17 for examination [RELATING TO ANY MATTER UNDER INVESTIGATION 18 BEFORE THE COMMITTEE]. 19 * Sec. 9. AS 24.60.160(a) is amended to read: 20 (a) On the request of the committee, the Alaska Public Offices Commission, a 21 person to whom this chapter applies, or a person who has been newly elected to the 22 legislature, the committee shall issue an advisory opinion within 60 days as to whether 23 the facts and circumstances of a particular case constitute a violation of ethical 24 standards. If it finds that it is advisable to do so, the committee may issue an opinion 25 under this section on the request of a person who reasonably expects to become 26 subject to this chapter within the next 45 days. The 60-day period for issuing an 27 opinion may be extended by the committee [IF THE PERSON REQUESTING THE 28 OPINION CONSENTS]. 29 * Sec. 10. AS 24.60.170(b) is amended to read: 30 (b) A complaint may be initiated by any person. The complaint must be in 31 writing and signed under oath by the complainant, state [PERSON MAKING THE
01 COMPLAINT AND MUST CONTAIN A STATEMENT] that the complainant has 02 reason to believe that the subject of the complaint has violated the Legislative 03 Ethics Act, [A VIOLATION OF THIS CHAPTER HAS OCCURRED] and describe 04 the [ANY] facts supporting [KNOWN TO THE COMPLAINANT TO SUPPORT] 05 that belief. The committee shall make a form available for filing a complaint 06 [UPON REQUEST PROVIDE A FORM FOR A COMPLAINT TO A PERSON 07 WISHING TO FILE A COMPLAINT]. The committee shall acknowledge receipt of 08 a complaint within seven days after receiving the complaint. The [UPON 09 RECEIVING A COMPLAINT, THE] committee shall advise the complainant that the 10 committee or the subject of the complaint may ask the complainant to testify at any 11 stage of a [THE] proceeding under this section as to the complainant's belief that the 12 subject of the complaint has violated the Legislative Ethics Act. Within 10 days 13 after receiving a complaint, the [THIS CHAPTER. THE COMMITTEE SHALL 14 RESPOND TO A COMPLAINT CONCERNING THE CONDUCT OF A 15 CANDIDATE FOR ELECTION TO STATE OFFICE RECEIVED DURING THE 16 CAMPAIGN PERIOD IN ACCORDANCE WITH (o) OF THIS SECTION. THE 17 COMMITTEE SHALL TREAT A COMPLAINT CONCERNING THE CONDUCT 18 OF A CANDIDATE FOR ELECTION TO STATE OFFICE THAT IS PENDING AT 19 THE BEGINNING OF A CAMPAIGN PERIOD IN ACCORDANCE WITH (p) OF 20 THIS SECTION. THE] committee shall [IMMEDIATELY] provide a copy [OF THE 21 COMPLAINT] to the [PERSON WHO IS THE] subject of the complaint. 22 * Sec. 11. AS 24.60.170(c) is amended to read: 23 (c) Within 10 days after receiving [WHEN THE COMMITTEE 24 RECEIVES] a complaint under (a) of this section, committee [IT MAY ASSIGN 25 THE COMPLAINT TO A STAFF PERSON. THE] staff [PERSON] shall conduct a 26 preliminary examination of the complaint and advise the committee whether the 27 allegations of the complaint, if true, constitute a violation of this chapter and whether 28 there is credible information to indicate [THAT] a further investigation and a 29 proceeding under this subsection is warranted. The advice [STAFF 30 RECOMMENDATION] shall be based on [THE] information and evidence that are 31 part of [CONTAINED IN] the complaint or received from [AS SUPPLEMENTED
01 BY] the complainant or [AND BY] the subject of the complaint after a request 02 [COMPLAINT, IF REQUESTED TO DO SO] by committee [THE] staff 03 [MEMBER]. The committee shall consider the advice [RECOMMENDATION OF 04 THE STAFF MEMBER, IF ANY,] and may ask the complainant or the subject of 05 the complaint to provide clarification or additional information before the 06 committee makes a determination under this subsection [SHALL DETERMINE 07 WHETHER THE ALLEGATIONS OF THE COMPLAINT, IF TRUE, 08 CONSTITUTE A VIOLATION OF THIS CHAPTER]. The complainant and the 09 subject of the complaint are not obligated to provide the clarification or 10 additional information. If the committee determines that the allegations, if true, do 11 [PROVEN, WOULD] not constitute a violation of this chapter [GIVE RISE TO A 12 VIOLATION], that the complaint is frivolous on its face, that there is insufficient 13 credible information available or discoverable [THAT CAN BE UNCOVERED] to 14 support [WARRANT] further investigation by the committee, or that the committee's 15 lack of jurisdiction is apparent on the face of the complaint, the committee shall 16 dismiss the complaint and [SHALL] notify the complainant and the subject of the 17 complaint of the dismissal. [THE COMMITTEE MAY ASK THE COMPLAINANT 18 TO PROVIDE CLARIFICATION OR ADDITIONAL INFORMATION BEFORE IT 19 MAKES A DECISION UNDER THIS SUBSECTION AND MAY REQUEST 20 INFORMATION CONCERNING THE MATTER FROM THE SUBJECT OF THE 21 COMPLAINT. NEITHER THE COMPLAINANT NOR THE SUBJECT OF A 22 COMPLAINT IS OBLIGATED TO PROVIDE THE INFORMATION.] A 23 proceeding conducted under this subsection is confidential. Documents [, 24 DOCUMENTS] that are part of a proceeding conducted under this subsection [,] 25 and a dismissal under this subsection are confidential unless the subject of the 26 complaint waives confidentiality as provided in (l) of this section [UNLESS THE 27 SUBJECT OF THE COMPLAINT WAIVES CONFIDENTIALITY AS PROVIDED 28 IN THAT SUBSECTION]. 29 * Sec. 12. AS 24.60.170(d) is amended to read: 30 (d) If the committee determines that some or all of the allegations of a 31 complaint, if true, [PROVEN, WOULD] constitute a violation of this chapter, or if the
01 committee has initiated a complaint, the committee shall investigate the complaint [, 02 ON A CONFIDENTIAL BASIS]. Before investigating [BEGINNING AN 03 INVESTIGATION OF] a complaint, the committee shall adopt a resolution defining 04 the scope of the investigation. The committee shall provide a [A] copy of the [THIS] 05 resolution [SHALL BE PROVIDED TO THE COMPLAINANT AND] to the subject 06 of the complaint and notify the complainant of the investigation. As part of the 07 [ITS] investigation, the committee shall give [AFFORD] the subject of the complaint 08 an opportunity to explain the conduct alleged to constitute [BE] a violation of this 09 chapter. The investigation is confidential. 10 * Sec. 13. AS 24.60.170(e) is amended to read: 11 (e) If, during the investigation under (d) of this section, the committee 12 discovers facts that justify expanding [AN EXPANSION OF] the investigation and 13 possibly adding new [THE POSSIBILITY OF ADDITIONAL] charges to 14 [BEYOND THOSE CONTAINED IN] the complaint, the committee shall amend the 15 resolution adopted under [DESCRIBED IN] (d) of this section [SHALL BE 16 AMENDED ACCORDINGLY] and provide a copy of the amended resolution 17 [SHALL BE PROVIDED] to the subject of the complaint. 18 * Sec. 14. AS 24.60.170(f) is amended to read: 19 (f) If the committee determines after investigation that there is not probable 20 cause to believe [THAT] the subject of the complaint has violated this chapter, the 21 committee shall dismiss the complaint. The committee may also dismiss portions of a 22 complaint if it finds no probable cause to believe that the subject of the complaint has 23 violated this chapter as alleged in those portions. The committee shall issue an order 24 [A DECISION] explaining its dismissal. The committee shall provide a 25 [COMMITTEE DELIBERATIONS AND VOTE ON THE DISMISSAL ORDER 26 AND DECISION ARE NOT OPEN TO THE PUBLIC OR TO THE SUBJECT OF 27 THE COMPLAINT. A] copy of the [DISMISSAL] order to dismiss [AND 28 DECISION SHALL BE SENT] to the complainant and to the subject of the complaint. 29 Notwithstanding (l) of this section, the [A DISMISSAL] order to dismiss [AND 30 DECISION] is open to inspection and copying by the public after the order is 31 adopted.
01 * Sec. 15. AS 24.60.170(g) is amended to read: 02 (g) If the committee [INVESTIGATION] determines that a probable violation 03 of this chapter exists that may be corrected by action of the subject of the complaint 04 and [THAT] does not warrant sanctions other than correction, the committee may 05 issue a written recommendation that the subject of the complaint take [AN 06 OPINION RECOMMENDING] corrective action within 20 days. The 07 recommendation [. THIS OPINION] shall be provided to the complainant and to the 08 subject of the complaint [,] and is open to inspection by the public. Whether the 09 recommended corrective action is taken or not, the subject of the complaint may, 10 within [WITHIN] 20 days after receiving the recommendation, [OPINION, THE 11 SUBJECT OF THE COMPLAINT MAY] request a confidential meeting with the 12 committee. The [AT WHICH MEETING THE] committee shall meet with the 13 complainant within 10 days after receiving the request or as soon as practicable, 14 whichever is later, and explain the reasons for the recommendation [ITS 15 RECOMMENDATIONS]. The committee may share [DIVULGE] confidential 16 information with [TO] the subject of the complaint. The shared information remains 17 confidential under (l) of this section. [THE SUBJECT OF THE COMPLAINT MAY 18 COMPLY WITH THE OPINION OR MAY REQUEST A HEARING BEFORE THE 19 COMMITTEE UNDER (j) OF THIS SECTION. AFTER THE HEARING, THE 20 COMMITTEE MAY AMEND OR AFFIRM THE OPINION.] If the subject of the 21 complaint [AGREES TO COMPLY WITH THE OPINION BUT LATER] fails to 22 complete the recommended corrective action within 10 days after the confidential 23 meeting [IN A TIMELY MANNER], the committee may formally charge the subject 24 of the complaint [PERSON] as provided in (h) of this section or [MAY] refer the 25 matter to the appropriate house of the legislature, in the case of a legislator, or, in the 26 case of a legislative employee, refer the matter to the employee's appointing 27 authority. The appropriate house of the legislature or the appointing authority, as 28 appropriate, may act [TAKE ACTION] to enforce the committee's recommendation 29 [CORRECTIVE ACTION] or may decline to take action and refer the matter back to 30 the committee. In either instance [CASE], the committee may formally charge the 31 subject of the complaint [PERSON] under (h) of this section.
01 * Sec. 16. AS 24.60.170(h) is amended to read: 02 (h) If the subject of a complaint fails to comply with a recommendation 03 received under (g) of this section [AN OPINION] and the committee decides under 04 (g) of this section to charge the person, or, if the committee determines after 05 investigation under (d) of this section that there is probable cause to believe [THAT] 06 the subject of the complaint has committed a violation of this chapter that may require 07 sanctions instead of or in addition to corrective action, the committee shall formally 08 charge the person as soon as practicable. The charge shall be served on the person 09 charged, in a manner consistent with the service of summons under the rules of civil 10 procedure, and a copy of the charge shall be sent to the complainant. The person 11 charged may file a responsive pleading to the committee admitting or denying some or 12 all of the allegations of the charge. 13 * Sec. 17. AS 24.60.170(i) is amended to read: 14 (i) A person charged under (h) of this section may engage in discovery in a 15 manner consistent with the Alaska Rules of Civil Procedure. The committee may 16 adopt procedures that 17 (1) impose reasonable restrictions on the time for [THIS] discovery 18 and [ON] the materials that may be discovered; 19 (2) allow [PERMIT A PERSON WHO IS] the subject of a complaint 20 to engage in discovery as soon as a complaint is filed [AT AN EARLIER STAGE 21 OF THE PROCEEDINGS]; 22 (3) impose reasonable restrictions, in addition to restrictions 23 imposed under (l) of this section, on the release of information acquired [THAT 24 THE SUBJECT OF A COMPLAINT ACQUIRES] from the committee in the course 25 of discovery, or acquired [ON INFORMATION OBTAINED] by use of the 26 committee's authority, in order to protect the privacy of persons not under 27 investigation [TO WHOM THE INFORMATION PERTAINS]; however, the 28 committee may not impose restrictions under this subsection on the release of 29 information by the subject of the complaint unless the complainant agrees [HAS 30 AGREED] to be bound by similar restrictions and does [HAS] not make [MADE] 31 public [THE] information [CONTAINED] in the complaint or [, INFORMATION]
01 about the complaint, including [OR] the fact [OF FILING] the complaint was filed. 02 * Sec. 18. AS 24.60.170(j) is amended to read: 03 (j) If the committee has issued a formal charge under (h) of this section [,] and 04 [IF] the person charged has not admitted the allegations of the charge, the committee 05 shall schedule a hearing on the charge. The committee may appoint a person who 06 does not advise the committee, except in the course of presenting cases under this 07 section, [AN INDIVIDUAL] to present the case against the subject of the complaint 08 [PERSON CHARGED IF THAT INDIVIDUAL DOES NOT PROVIDE OTHER 09 LEGAL ADVICE TO THE COMMITTEE EXCEPT IN THE COURSE OF 10 PRESENTING CASES UNDER THIS SUBSECTION]. The committee shall 11 schedule a hearing [SHALL BE SCHEDULED FOR A] date that is more than 20 and 12 fewer [LESS] than 90 days after service of the charge on the subject of the complaint 13 [PERSON CHARGED], unless the committee schedules a later hearing date. If the 14 complainant prevents the hearing from starting until after the date scheduled by the 15 committee [BEFORE THE 90-DAY DEADLINE PASSES] and a quorum of the 16 committee determines by vote of a majority of committee members the delay is not 17 supported by a compelling reason or will result in the person charged being deprived 18 of a fair hearing, the committee may order [DISMISS] the complaint dismissed with 19 prejudice or enter some other order the committee determines is appropriate. At the 20 hearing, the subject of the complaint [PERSON CHARGED] shall have the right to 21 appear personally before the committee, [TO] subpoena witnesses and require the 22 production of books or papers relating to the proceedings, [TO] be represented by 23 counsel, and [TO] cross-examine witnesses. A witness shall testify under oath. The 24 hearing is not subject to [COMMITTEE IS NOT BOUND BY] the rules of evidence, 25 but the committee's findings must be based upon clear and convincing evidence. The 26 committee shall record [TESTIMONY TAKEN AT] the hearing [SHALL BE 27 RECORDED,] and maintain evidence [SHALL BE MAINTAINED]. 28 * Sec. 19. AS 24.60.170(k) is amended to read: 29 (k) Following the hearing, the committee shall issue a decision stating whether 30 or not the subject of the complaint violated this chapter, and explaining the reasons for 31 that [THE] determination. The committee [COMMITTEE'S DECISION] may also
01 indicate in the decision whether the subject of the complaint cooperated with the 02 committee in [ITS] proceedings under this section. If the committee finds that the 03 subject of the complaint violated this chapter or did not cooperate with 04 proceedings under this section, the committee shall recommend in the decision [A 05 VIOLATION, OR LACK OF COOPERATION BY THE SUBJECT, THE 06 DECISION SHALL RECOMMEND WHAT] sanctions, if any, the committee 07 believes are appropriate. If the committee does not hold a hearing under (j) of this 08 section [THERE HAS NOT BEEN A HEARING] because the subject of the 09 complaint [PERSON CHARGED] admitted [TO] the allegations of the charge, the 10 committee shall issue a decision outlining the facts of the violation and 11 recommending sanctions, if any, the committee believes are appropriate 12 [CONTAINING A SANCTIONS RECOMMENDATION]. 13 * Sec. 20. AS 24.60.170(l) is repealed and reenacted to read: 14 (l) A complaint filed under this section and a dismissal of the complaint are 15 confidential. The complainant shall keep confidential the filing of the complaint and 16 the information that is in the complaint. Except as otherwise provided in this section or 17 as necessary for the committee to administer the requirements of this section, 18 documents produced or disclosed as a result of an examination by the committee or a 19 committee investigation under this section are confidential and not subject to 20 inspection by the public. The confidentiality requirements of this subsection, other 21 than requirements limiting disclosure of information that might be used to identify a 22 witness other than the subject of the complaint, may be waived by the subject of the 23 complaint. If the subject of a complaint waives confidentiality of the complaint under 24 this subsection, a dismissal of the complaint may be made public and, as long as 25 information sufficient to disclose the identity of each witness is redacted, the 26 complaint and documents produced or disclosed as a result of an examination by the 27 committee, the committee's investigation of the complaint, and documents that are part 28 of a proceeding under (c) of this section, may be made public. A person may not 29 disclose names or other information that may be used to identify a witness without the 30 consent of the witness. A person who is a witness may consent to disclosure of the 31 person's own name or identifying information. In this subsection, "witness" means the
01 complainant, the subject of the complaint, or a person who may give testimony in the 02 matter. 03 * Sec. 21. AS 24.60.170(m) is amended to read: 04 (m) All documents issued by the committee after a determination of probable 05 cause to believe that the subject of a complaint has violated this chapter, including a 06 recommendation [AN OPINION RECOMMENDING CORRECTIVE ACTION] 07 under (g) of this section and a formal charge under (h) of this section, are subject to 08 public inspection. Hearings of the committee under (j) of this section are open to the 09 public, and documents presented at a hearing, and motions filed in connection with the 10 hearing, are subject to inspection by the public. A deliberation or vote 11 [DELIBERATIONS] of the committee following a hearing, a deliberation or vote 12 [DELIBERATIONS] on a motion [MOTIONS] filed by a person charged [THE 13 SUBJECT OF A CHARGE] under (h) of this section, and a deliberation or vote 14 [DELIBERATIONS] concerning an appropriate sanction [SANCTIONS] are 15 confidential. 16 * Sec. 22. AS 24.60.170(r) is amended to read: 17 (r) At any point in a proceeding under this section [THE PROCEEDINGS 18 WHEN THE SUBJECT OF A COMPLAINT APPEARS BEFORE THE 19 COMMITTEE], the subject of the [A] complaint may choose to be represented 20 [ACCOMPANIED] by a legal counsel or other [ANOTHER] person who may 21 [ALSO] present arguments before the committee. The choice of representation 22 [COUNSEL OR ANOTHER PERSON] is not subject to review and approval or 23 disapproval by the committee. The [CHOICE BY THE] subject of a complaint does 24 not waive confidentiality by choosing to be represented [TO BE ACCOMPANIED 25 UNDER THIS SUBSECTION DOES NOT CONSTITUTE A WAIVER OF ANY 26 CONFIDENTIALITY PROVISION IN THIS CHAPTER]. 27 * Sec. 23. AS 24.60.170 is amended by adding a new subsection to read: 28 (s) If a complainant violates confidentiality required under this section, the 29 committee shall immediately dismiss the complaint. After the dismissal, the 30 committee or a person other than the complainant may file a complaint based wholly 31 or partly on facts alleged in the dismissed complaint.
01 * Sec. 24. AS 24.60 is amended by adding new sections to read: 02 Sec. 24.60.171. Committee proceedings and campaign periods. (a) If, 03 during a campaign period, the committee receives a complaint concerning the conduct 04 of a candidate for state office who is covered by this chapter, the committee shall 05 immediately notify the candidate of the complaint, the suspension of the committee's 06 jurisdiction during the campaign period, and the candidate's right to waive the 07 suspension of jurisdiction under this subsection. The candidate may, within 11 days 08 after the committee mails or otherwise sends notice of the complaint to the candidate, 09 notify the committee that the candidate waives suspension of the committee's 10 jurisdiction and chooses to have the committee proceed with the complaint under this 11 section. If the candidate does not act within that time or if the candidate notifies the 12 committee that the candidate is not waiving suspension of the committee's jurisdiction, 13 the committee shall return the complaint to the complainant with notice of the 14 suspension of jurisdiction under this subsection and notice of the complainant's right 15 to file the complaint after the campaign period ends. 16 (b) When a complaint concerning the conduct of a candidate for state office is 17 pending before the committee at the beginning of a campaign period and the 18 committee has not issued formal charges under AS 24.60.170(h), the committee may 19 consider the complaint but shall treat the complaint as confidential under 20 AS 24.60.170. The committee may not, during a campaign period, issue a dismissal 21 order or decision under AS 24.60.170(f), issue a recommendation under 22 AS 24.60.170(g), or formally charge a person under AS 24.60.170(h). 23 (c) If the committee has formally charged a person under AS 24.60.170(h) and 24 the charge is still pending when a campaign period begins, the committee shall, unless 25 the person charged requests otherwise, suspend public hearing of the charge until after 26 the campaign period ends. However, the parties to the hearing may engage in 27 discovery under AS 24.60.170(i) during the campaign period. 28 (d) If a hearing under AS 24.60.170(j) has been completed before the 29 beginning of a campaign period but the committee has not yet issued a decision under 30 AS 24.60.170(k), the committee may not issue the decision until after the campaign 31 period ends.
01 (e) In this section, "campaign period" means a period that begins on the later 02 of 45 days before a primary election in which a legislator or legislative employee is a 03 candidate for state office or on the day a legislator or legislative employee files as a 04 candidate for state office, and ends at the end of the day on the earlier of the day 05 (1) that the results of the primary election are certified and made 06 public, if the candidate does not advance to the general or special election; 07 (2) of the general or special election at which the legislator or 08 legislative employee is a candidate; or 09 (3) the candidate withdraws from the election. 10 Sec. 24.60.172. Committee proceedings closed pending probable cause 11 determination. Unless otherwise required by the Uniform Rules of the Alaska State 12 Legislature, when a complaint alleging a violation of this chapter has been filed by a 13 person other than the committee, a committee deliberation or vote is closed to the 14 complainant, the subject of the complaint, and persons, including legislators, who are 15 not members or alternate members of the committee. The committee may allow the 16 subject of the complaint to attend a meeting about the complaint other than a meeting 17 where the committee deliberates or votes. The committee shall disclose the names of 18 members present at a meeting where the committee deliberates or votes on a motion 19 before the committee, and whether the outcome of the motion was determined by a 20 majority. Tallies of the number of votes cast for or against a motion and the individual 21 votes cast by committee members are confidential. 22 * Sec. 25. AS 24.60 is amended by adding new sections to read: 23 Sec. 24.60.972. Referral to criminal law enforcement agency. If, in the 24 course of an investigation or probable cause determination under AS 24.60.170, the 25 committee finds evidence of probable criminal activity, the committee shall transmit a 26 statement and factual findings limited to that activity to the appropriate law 27 enforcement agency. 28 Sec. 24.60.975. Referral to Alaska Public Offices Commission. If the 29 committee finds evidence of a probable violation of AS 15.13 by a person who is 30 subject to the Legislative Ethics Act, the committee shall transmit a statement to that 31 effect and factual findings limited to the probable violation to the Alaska Public
01 Offices Commission. 02 * Sec. 26. AS 24.60.990(a) is amended by adding a new paragraph to read: 03 (17) "public member" means a member or alternate member of the 04 committee who is not a member of the legislature. 05 * Sec. 27. AS 24.60.170(o), 24.60.170(p), and 24.60.170(q) are repealed. 06 * Sec. 28. This Act takes effect immediately under AS 01.10.070(c).