Legislature(2011 - 2012)CAPITOL 120
03/21/2011 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB168 | |
| HB6 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 168 | TELECONFERENCED | |
| + | HB 6 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 6 - REMOVING A REGENT
2:12:10 PM
CHAIR GATTO announced that the final order of business would be
HOUSE BILL NO. 6, "An Act authorizing the governor to remove or
suspend a member of the Board of Regents of the University of
Alaska for good cause; and establishing a procedure for the
removal or suspension of a regent." [Before the committee was
CSHB 6(EDC).]
2:13:06 PM
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) for HB 6, Version 27-LS0027\T, Mischel, 2/25/11,
as the working document.
REPRESENTATIVE HOLMES objected for the purpose of discussion.
2:13:59 PM
TED MADSEN, Staff, Representative Max Gruenberg, Alaska State
Legislature, explained on behalf of the sponsor of HB 6,
Representative Gruenberg, that back in 2007, a member of the
Board of Regents of the University of Alaska was indicted on
many counts of fraud and embezzlement of federal funds but
refused to resign his position as regent, and so in addition to
the Senate's beginning formal impeachment proceedings, a bill
was introduced in the House that would have created a procedure
by which to remove a regent. At that time, the Board of Regents
didn't have such a procedure in place, and so was invited [by
the House Judiciary Standing Committee] to adopt policies
through which the Board of Regents could remove one of its own
members, but it didn't do so then and has yet to do so.
Specifically, HB 6 would allow the governor to remove a regent
for good cause, and provides for the establishment of both a
removal procedure and a suspension procedure, with both
procedures complying with Alaska's Administrative Procedure Act
(APA). He offered his belief that Section 1, which pertains to
legislative findings and purposes, offers reassurance that the
bill is intended to allow for the removal of a regent only for
good cause, while also ensuring that the university remains
insulated from politics.
MR. MADSEN explained that Section 2's proposed AS 14.40.155(a)
enumerates instances in which a regent may be suspended. Under
Version T, though, proposed AS 14.40.155(a)(3) now says, "a
probable cause determination of a knowing ethics violation under
AS 39.52 that results in a complaint under consideration by the
personnel board"; and proposed AS 14.40.155(a)(4) now says, "a
verified complaint of malfeasance or nonfeasance in office
described under (g)(4) of this section under consideration by
the governor". These two changes in language address a concern
that mere allegations could [result in suspension]. Also under
Version T, proposed AS 14.40.155(a) now contains a paragraph (5)
that says, "proceedings involving misconduct that is related to
the regent's ability to serve as a regent under consideration by
a professional or occupational licensing body".
2:19:00 PM
MR. MADSEN explained that Section 2's proposed AS 14.40.155(b)
provides [a regent facing an accusation by a governor seeking
the regent's removal] an opportunity for a hearing and judicial
review; that Section 2's proposed AS 14.40.155(c) allows a
suspended regent to request a hearing to defend against the
stated grounds for the suspension, or a hearing to have the
suspension lifted; that Section 2's proposed AS 14.40.155(d)
allows the governor to delegate the office of administrative
hearings to conduct such hearings - such delegation is commonly
done for hearings pertaining to many of the state's boards and
commissions; that Section 2's proposed AS 14.40.155(e) states
that the APA - AS 44.62.330 through AS 44.62.630 - shall apply
to all proceedings under proposed AS 14.40.155; that Section 2's
proposed AS 14.40.155(f) stipulates that among other things, a
complete record of the removal proceeding shall be filed with
the lieutenant governor's office; and that Section 2's proposed
AS 14.40.155(g) defines the term, "good cause" as it would be
used in proposed AS 14.40.155 to justify the removal of a
regent. Under Version T, though, proposed AS 14.40.155(g)(5)
now says good cause also means, "misconduct related to the
regent's ability to serve as a regent and resulting in the
revocation or suspension of a professional or occupational
license issued under state law".
MR. MADSEN, in conclusion, explained that Section 3 - the
applicability section - stipulates that the bill would apply to
all conduct and acts occurring before, on, or after the bill's
effective date.
REPRESENTATIVE GRUENBERG, in response to a question and speaking
as the sponsor, explained that currently, the only way a regent
could be removed would be via a formal impeachment proceeding
conducted by the legislature. Such a limitation is neither
practical nor responsible, given that the legislature meets for
only part of the year, he opined.
REPRESENTATIVE HOLMES referred to the language of proposed
AS 14.40.155(g)(1) stipulating that "good cause" also means a
violation of the Alaska Executive Branch Ethics Act - AS 39.52 -
and questioned whether that includes even minor violations of
that Act.
REPRESENTATIVE GRUENBERG said that as the sponsor of the bill,
it's his intention that it would have to be a very major
violation. Because the Board of Regents of the University of
Alaska has been established by the Alaska State Constitution, a
regent should not be removed except for a reason so serious that
the person either cannot or should not continue to function as a
regent. He mentioned that he would be amenable to altering
proposed AS 14.40.155(g)(1) in order to ensure that that's
really the case - perhaps by stipulating that it must be a
serious violation, or a very serious violation. In response to
a comment regarding proposed AS 14.40.155(g)(3) stipulating that
"good cause" also means a conviction of a misdemeanor involving
dishonesty, breach of trust, or the University of Alaska, he
characterized such misdemeanors as very serious [for a regent to
have committed].
2:24:55 PM
REPRESENTATIVE LYNN referred to proposed AS 14.40.155(g)(1), and
suggested that perhaps it could instead be amended to stipulate
only violations of the Alaska Executive Branch Ethics Act for
which a substantial penalty is assessed.
REPRESENTATIVE GRUENBERG indicated that he would be amenable to
such a change as an alternative to his suggestion. In response
to comments and a question, he offered his understanding that
members' packets include a memorandum from the drafter defining
a number of the terms used in proposed AS 14.40.155(g), and
relayed that he would be amenable to holding HB 6 over.
REPRESENTATIVE HOLMES said she wants to ensure that HB 6
complies with the sponsor's intent, that being that a regent
would only be removed for a very serious reason.
REPRESENTATIVE LYNN referred to proposed AS 14.40.155(g)(4)(B)
stipulating that "good cause" also means malfeasance or
nonfeasance in office, including an inability to serve, and
opined that the length of that inability to serve should be
specified.
REPRESENTATIVE GRUENBERG mentioned that he would continue to
work on the bill in order to address members' concerns.
CHAIR GATTO relayed that HB 6 would be held over [with the
motion to adopt Version T as the working document left pending].