Legislature(2023 - 2024)BUTROVICH 205
02/28/2024 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB66 | |
| SB165 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 66 | TELECONFERENCED | |
| *+ | SB 165 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 165-DEFENSE OF PUB. OFFICER: ETHICS COMPLAINT
2:09:11 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 165
"An Act relating to legal representation of public officers in
ethics complaints."
This is the first hearing of SB 165 in the Senate Judiciary
Committee. The chair passed the gavel to Senator Kiehl for the
duration of the bill presentation.
2:09:30 PM
VICE-CHAIR JESSE KIEHL invited the bill sponsor and his staff to
identify themselves for the record and introduce the
legislation.
2:10:00 PM
CHAIR CLAMAN, speaking as sponsor, presented the following
sponsor statement:
[Original punctuation provided.]
Senate Bill 165
Sponsor Statement Version A
SB 165 would prohibit the Department of Law, including
the Attorney General, from representing or advising a
public officer or former public officer in a complaint
filed under the Executive Branch Ethics Act. While
State employees may be represented or recompensated by
the State for cases filed against them in an official
capacity, it is a conflict of interest for the
Department of Law to represent top officials who are
accused of acting unethically. The essence of an
ethics complaint is that a public official is acting
outside their official capacity. It would be
inappropriate to use taxpayer money to defend the
Governor, Lieutenant Governor, and Attorney General if
they act unethically.
Until November of 2023, the Department of Law did not
defend ethics complaints against executive branch
officials. Consistent with the 2009 opinion from
Attorney General Dan Sullivan, public officials could
request reimbursement from executive branch agencies
in cases of exoneration. SB 165 would return to this
prior practice.
In 2023, the Governor changed regulation 9 AAC 52.140
to allow the Department of Law, which is already
overloaded and understaffed, to represent the
Governor, the Lieutenant Governor, and the Attorney
General in ethics cases brought against them. During
the public comment period for that regulation change,
the Department received 120 emails and letters in
opposition to the proposed change and none in favor.
SB 165 would reverse the regulations and ensure that
public officials are held accountable if they violate
the ethics laws.
2:11:57 PM
CHAIR CLAMAN said the goal is to return to the policy that
existed following Attorney General Dan Sullivan's opinion, which
basically said these public officers should secure their own
lawyer. If they are found not to have violated ethics laws, they
would be eligible for reimbursement. The executive branch would
reimburse them. He expressed his belief that this is the
appropriate way to proceed.
2:12:25 PM
CARLY DENNIS, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 165:
[Original punctuation provided.]
Senate Bill 165
Sectional Analysis Version A
Section 1
AS 39.52.165. Representation of Public Officers
Prohibits the Department of Law, including the
attorney general, from representing or advising the
governor, the lieutenant governor, or another public
officer or former public officer in a matter in which
that public officer or former public officer is the
subject of a complaint filed under the Executive
Branch Ethics Act [AS 39.52].
2:12:59 PM
VICE-CHAIR KIEHL sought clarification that SB 165 would not
create an impediment to the reimbursement method, asking whether
reimbursement would still be allowable under the text of this
legislation.
SENATOR CLAMAN replied yes, that is correct.
VICE-CHAIR KIEHL wondered how the Legislative Ethics Act
compares in terms of legislators accused of personal
impropriety. He asked whether legislators are entitled to public
representation or must defend themselves at their own expense.
SENATOR CLAMAN replied that legislators hire attorneys at their
own expense or represent themselves.
VICE-CHAIR KIEHL asked whether legislators who are exonerated or
cleared of a charge are eligible for reimbursement.
SENATOR CLAMAN replied that he would find out, noting that it is
his impression that Legislative Council has not routinely
approved requests for reimbursement.
VICE-CHAIR KIEHL noted that, to his knowledge, he has never seen
a request for reimbursement approved. He commented that it would
be excellent information to gather for the record.
2:14:39 PM
SENATOR CLAMAN expressed his perspective that the Alaska State
Legislature does not reimburse legislators for legal expenses
incurred in defense of a complaint. He expressed his belief that
he would have heard in various trainings if legislators were
eligible for reimbursement.
VICE-CHAIR KIEHL commented that he tends to agree.
CHAIR CLAMAN said that he would confirm.
2:15:31 PM
VICE-CHAIR KIEHL returned the gavel to the chair.
2:15:54 PM
CHAIR CLAMAN opened public testimony on SB 165.
2:16:33 PM
ANDREE MCLEOD, Good Government Expert, Alaska Public Interest
Research Group (AKPIRG), Anchorage, Alaska, testified in support
of SB 165 which would prohibit the use of public dollars and
resources to foot the legal bills of the governor, lieutenant
governor and attorney general if they are the subject of ethics
complaints.
MS. MCLEOD said that the recent change in law allows the
governor, lieutenant governor, and attorney general to be
represented by state attorneys when facing ethics complaints and
investigations for misconduct. This policy, implemented by the
Governor Dunleavy administration and Attorney General Taylor
last year, allows the use of state funds and resources for their
legal defense even if they are found to have violated ethics
laws. This is bad government.
MS. MCLEOD said that the rule of law governs society, not the
privileged elite. It harms Alaskans when public officials put
themselves above the law and circumvent constitutional checks
and balances for personal benefit. It undermines public trust
and confidence in government. The legislative branch established
ethical standards to prevent political corruption. She said that
one reason she took issue with the administration's changes to
law last year was with its process. The attorney general made
these changes, not the legislature. A couple of Legislative
Legal opinions found the changes to be illegal as they
potentially violate clauses of the Alaska Constitution,
including public purpose, separation of powers, and equal
protection.
2:19:01 PM
MS. MCCLEOD said AKPIRG agrees with former Alaska Attorney
General Jahna Lindemuth, who said the attorney general's charge
is representing the State of Alaska. The governor is not the
client except to the extent he represents the State. Allowing
the attorney general to defend ethics complaints against the
governor, lieutenant governor, or DOL to defend the attorney
general is inappropriate and inconsistent with the attorney
general's role. It is an improper use of state resources. She
urged the committee to report the bill out of committee to
prevent corruption and further self-dealings of the
administration and its attorney general.
2:19:52 PM
CHAIR CLAMAN closed public testimony on SB 165.
CHAIR CLAMAN held SB 165 in committee.