Legislature(2021 - 2022)BUTROVICH 205
04/19/2021 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB15 | |
| SB23 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 15 | TELECONFERENCED | |
| + | SB 23 | TELECONFERENCED | |
| += | SB 122 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 15-OPEN MEETINGS ACT; PENALTY
1:33:13 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 15,
"An Act relating to the Open Meetings Act; and establishing a
civil penalty for violations of the open meeting requirements by
members of governmental bodies."
[CSSB 15(CRA) was before the committee. This was the fifth
hearing and public testimony was opened and closed on 3/31/21.]
1:33:34 PM
MELODIE WILTERDINK, Staff, Senator Mia Costello, Alaska State
Legislature, Juneau, Alaska, on behalf of the sponsor, stated
that at the last hearing, the committee adopted amendments to
limit SB 15 to elected officials and to create a three-tier
penalty provision, she said. If an elected official violates the
Open Meetings Act, the official will receive a warning for the
first violation, a civil penalty up to $1,000 for the next
violation and be subject to a class B misdemeanor for the third
violation, punishable for up to 90 days in jail and subject to a
fine of up to $2,000.
1:34:23 PM
CHAIR HOLLAND opened public testimony on SB 15.
1:34:42 PM
FRANK MCQUEARY, President, Alaskans for Open Meetings,
Anchorage, Alaska, stated that the three-tier penalty provision
does not consider the infraction's severity and may allow people
to game the system. He referred to subsection (f), which states
that illegal actions may be voidable. He paraphrased that if
someone thinks an unlawful act is taking place at a meeting from
which the public was excluded, those individuals must file a
lawsuit within six months. He viewed this as an onerous process
for individuals. Subsection (f) lists nine reasons why a judge
should overlook the infraction and let the illegal act stand,
which is inappropriate, he said.
MR. MCQUEARY explained that the penalties would depend on the
number of infractions. However, some violations might be
accidental, but others are not. He said he was unsure that a
$1,000 fine would be sufficient to deter people from violating
the Open Meetings Act. He suggested the committee consider
changing "voidable" to "void" to act as a barrier to bad
behavior and to eliminate all of the instructions to the court.
1:38:09 PM
CHAIR HOLLAND, after first determining no one wished to testify,
closed public testimony on SB 15.
1:38:24 PM
At ease
1:39:16 PM
CHAIR HOLLAND reconvened the meeting.
1:39:28 PM
SENATOR HUGHES recalled receiving his e-mail. She offered to
work to address Mr. McQueary's concerns in the next committee of
referral.
1:40:09 PM
CHAIR HOLLAND stated his preference to move the bill.
1:40:39 PM
SENATOR KIEHL said the bill has a further referral to the
finance committee because of the fiscal notes. Although he has
concerns, he will not object to moving the bill. He offered his
view that SB 15 does not provide a consistent and rational
public policy. For example, the planning commission could
restrict people's ability to sell their property, which may be
voidable, but the party would not incur a penalty. However, a
school board member giving direction to a superintendent on an
ongoing program outside of a public meeting could incur jail
time. Another issue is that the legislature will impose
penalties on public officials that it does not impose on its
members. Finally, he expressed concern that local taxpayers in
smaller communities will be burdened by costs to defend a city
council member and school board members who act in their
official capacity. He recalled a city council member faced a
$37.50 fine from the Alaska Public Offices Commission (APOC) but
the costs to defend the person cost the city $15,000 in taxpayer
dollars.
1:43:28 PM
SENATOR HUGHES reminded listeners that applying the Open
Meetings Act to the legislature would require a separate bill.
She stated her view that most people who want to serve also wish
to adhere to the laws. She offered her belief that the penalty
provision will make people work a little harder to ensure that
they uphold the law. She envisioned that getting to the third
penalty tier would likely be rare. She said she looked forward
to discussing subsection (f) with Mr. McQuery, which is an
existing statute and not a provision in the bill.
1:44:54 PM
SENATOR SHOWER moved to report SB 15, work order 32-LS-0176\G as
amended from committee with individual recommendations and
attached fiscal note(s). There being no objection, CSSB 15(JUD)
was reported from the Senate Judiciary Standing Committee.
1:45:19 PM
At ease
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