03/21/2014 01:00 PM House JUDICIARY

                                                                                                                                
           HB 235-CONFIDENTIALITY OF APOC COMPLAINTS                                                                        
                                                                                                                                
2:25:23 PM                                                                                                                    
                                                                                                                                
VICE CHAIR LYNN  announced that the next order  of business would                                                               
be  HB  235,   "An  Act  requiring  the   Alaska  Public  Offices                                                               
Commission   to   maintain   the   confidentiality   of   certain                                                               
proceedings, documents, and information."                                                                                       
                                                                                                                                
2:25:54 PM                                                                                                                    
                                                                                                                                
THOMAS STUDLER, Staff, Representative Pete Higgins, Alaska State                                                                
Legislature, paraphrased the following sponsor statement                                                                        
[original punctuation provided]:                                                                                                
                                                                                                                                
     Alaskans expect their elected officials  to adhere to a                                                                    
     strict set  of laws and  ethics codes, but,  those same                                                                    
     standards don't apply to all.                                                                                              
                                                                                                                                
     HB  235 would  change that.  It's unfortunate  that the                                                                    
     legislature did  not include the Alaska  Public Offices                                                                    
     Commission (APOC)  when it strengthened its  ethics and                                                                    
     disclosure  laws in  the  past decade.  If  it had,  we                                                                    
     would  not   currently  be  in   this  hyperpoliticized                                                                    
     campaign era.                                                                                                              
                                                                                                                                
     HB235    requires    the   Commission    to    maintain                                                                    
     confidentiality   of    proceedings,   documents,   and                                                                    
     information  until the  Commission  establishes that  a                                                                    
     violation of Alaska Statutes  has been determined. That                                                                    
     is the  same standard  we as  legislators are  held to,                                                                    
     the  Executive  Branch are  held  to,  and ensures  the                                                                    
     process has  been followed with  no undue  influence or                                                                    
     unneeded rush to judgment.                                                                                                 
                                                                                                                                
     The Commission  performs a vital service  to the people                                                                    
     of  the  state.  We  recognize the  need  to  have  the                                                                    
     findings  open to  the public,  once the  facts of  the                                                                    
     matter have been  determined and there is  a finding of                                                                    
     a  violation. This  legislation does  not detract  from                                                                    
     APOC's  mission,  duties,   and  responsibilities.  The                                                                    
     public will  still be  informed, and  more importantly,                                                                    
     have access to the record once the facts are known.                                                                        
                                                                                                                                
     Unfortunately,  this   process  has  been   misused  by                                                                    
     various entities  on both sides  of an issue,  and even                                                                    
     more so during the  election cycle. These entities make                                                                    
     allegations timed  at influencing the  election process                                                                    
     and the often-times unfounded  claims have real impacts                                                                    
     to those  involved. For all intents  and practices, the                                                                    
     APOC process  has been hijacked  by these  entities and                                                                    
     the media  influence that follows, turns  the APOC into                                                                    
     a campaign tool, which was never its intended purpose.                                                                     
                                                                                                                                
     I urge your support on this timely and needed reform.                                                                      
                                                                                                                                
2:28:58 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR  LYNN  surmised  that  an  opponent  in  an  election                                                               
campaign may  file an  APOC complaint  that may  or may  not have                                                               
merit, and today that would be public information.                                                                              
                                                                                                                                
MR.  STUDLER responded  to  Vice Chair  Lynn  that under  current                                                               
statutes the  complaint would become  public information  [at the                                                               
time it was filed] with APOC.                                                                                                   
                                                                                                                                
2:29:43 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  LYNN continued that,  at some point, APOC  would come                                                               
to a  conclusion on the  merits of  the [complaint] and  if found                                                               
"not guilty"  the information could  be on  the last page  of the                                                               
newspaper with the original complaint on the front page.                                                                        
                                                                                                                                
MR. STUDLER stated that, unfortunately, that is the way it is.                                                                  
                                                                                                                                
2:30:18 PM                                                                                                                    
                                                                                                                                
VICE CHAIR LYNN  gathered that under HB 235,  the complaint would                                                               
be filed with  APOC, and if it  were not valid that  would be the                                                               
end  of it-nobody  would know  about it.   If  the complaint  was                                                               
found  to be  valid it  would  then become  public knowledge,  he                                                               
surmised.                                                                                                                       
                                                                                                                                
MR. STUDLER  agreed.   Under HB 235,  the investigation  would be                                                               
confidential  until APOC  determined  its findings  and then  the                                                               
findings would  be made public along  with any fines that  may go                                                               
with it.   He opined  that the sponsor is  considering conformity                                                               
with  the executive  and  legislative  branches regarding  ethics                                                               
complaints,  as  complaints  are   kept  confidential  until  the                                                               
findings, which are then made public.                                                                                           
                                                                                                                                
2:31:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT said  she does not support  HB 235 because                                                               
she  supports transparency.   She  related that  voters could  be                                                               
"bamboozled" if  a valid complaint  is filed four days  before an                                                               
election but  APOC does  not act  on it  until afterwards.   When                                                               
electing officials, the voters have  a right to be fully informed                                                               
of the  candidate's ethics  and what they  are doing,  she noted.                                                               
There are frivolous  filings and tactics both  parties are guilty                                                               
of,  but  changing  the  statute  would  be  hiding  from  public                                                               
scrutiny, she remarked. Representative  Millett said she [values]                                                               
the opportunity to  defend herself, and until APOC  comes up with                                                               
the  [determination], she  cannot  defend herself  because it  is                                                               
private.  "If  I have exact knowledge and proof  that I can prove                                                               
it immediately  that it's  not true,  I want to  be able  to [do]                                                               
that before  APOC takes its time;  and we all know  how long APOC                                                               
takes even  for an expedited hearing,"  she stated.  The  loss of                                                               
transparency  is   a  concern,  and  she   believes  the  current                                                               
reporting process is tried-and-true in  that people who have been                                                               
falsely  accused   have  the  opportunity  to   prove  themselves                                                               
innocent when  a complaint is filed,  she opined.  She  said that                                                               
if elected officials cannot defend  themselves against an ethical                                                               
violation then maybe they need tougher skin.                                                                                    
                                                                                                                                
2:35:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX stated  that  people talk  about it  being                                                               
unfair when  an individual is  accused of something and  it turns                                                               
out that  the complaint was not  justified, but she did  not know                                                               
how  that  differs from  someone  being  accused  of a  crime  in                                                               
newspaper  headlines,  and six  months  later  the individual  is                                                               
acquitted. That  is a  factor in  an open  and free  society, she                                                               
opined.   The same thing  goes for  a [civil] lawsuit  wherein an                                                               
individual  is accused  of awful  things and  it is  open to  the                                                               
public.    Chances  are  that  people  are  going  to  scrutinize                                                               
something against  elected officials more  so than someone  not a                                                               
public figure, but she has problems with HB 235, opined.                                                                        
                                                                                                                                
[Audio difficulties]                                                                                                            
                                                                                                                                
2:38:25 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease due to technical difficulties.                                                                    
                                                                                                                                
2:39:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  moved to adopt CSHB  235(STA), labeled 28-                                                               
LS1130\C as the working document.                                                                                               
                                                                                                                                
There being no objections Version C was before the committee.                                                                   
                                                                                                                                
2:40:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FOSTER  expressed   his  understanding  that  the                                                               
investigation  is kept  confidential,  and he  surmised that  the                                                               
person  receiving  the complaint  is  not  barred from  defending                                                               
themselves publically.                                                                                                          
                                                                                                                                
MR.  STUDLER  agreed  with  Representative  Foster  in  that  the                                                               
subject   individual    always   has    the   right    to   waive                                                               
confidentiality.   He noted that  he had  a newer version  of the                                                               
bill that  he worked on  with the DOL,  and it gives  the subject                                                               
the  right to  waive  confidentiality.   He  said  there are  two                                                               
processes in APOC, the normal  and the expedited process of which                                                               
within  72 hours  AOPC would  make a  decision, but  it will  not                                                               
proceed on an expedited case unless  it knows what the facts are.                                                               
"They have to  know that it is a violation  that they have strong                                                               
belief that  there has been  a violation, and then  they're going                                                               
to proceed  on an expedited basis,"  he stated.  He  related that                                                               
in  the  event  the  complaint  has  not  been  requested  to  be                                                               
expedited,  APOC  will  proceed  normally.   He  noted  that  the                                                               
sponsor  may  include a  finite  time  limit.   He  posited  that                                                               
whatever  entity  files  a  complaint   with  APOC,  the  subject                                                               
individual has an opportunity to  respond before the individual's                                                               
name is  "all over, everywhere."   He said he is  not blaming the                                                               
press; that is  the way it works.  Someone  who files a complaint                                                               
runs right down to the news media, he added.                                                                                    
                                                                                                                                
2:42:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX questioned why  the legislature should make                                                               
rules protecting themselves from  someone alleging a violation of                                                               
an APOC rule  when the legislature does not make  those rules for                                                               
the  general public  who may  be  accused of  a crime  or be  the                                                               
subject of  a civil  lawsuit.   She reiterated  that she  did not                                                               
understand why the  legislature should protect itself  when it is                                                               
not protecting members of the general  public.  She stated it was                                                               
not a rhetorical comment, but a question.                                                                                       
                                                                                                                                
MR.  STUDLER  related  that  HB  235 is  not  to  protect  public                                                               
officials but to protect the  process.  When APOC was established                                                               
there was a  process and procedure put into place  to ensure that                                                               
individuals  elected   to  public  office  followed   an  ethical                                                               
standard.   He opined that  the process  is not performing  as it                                                               
should, and it is used for sensationalism.                                                                                      
                                                                                                                                
2:44:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  expressed  that   APOC  has  to  do  with                                                               
following  certain rules  the legislature  put in  place and  not                                                               
ethical standards.  She used the  example that taking $500 from a                                                               
person versus taking $1,000 from a  person is not a difference in                                                               
ethics.   APOC is  human-made rules whereas  ethics is  a totally                                                               
different ball of wax, she opined.                                                                                              
                                                                                                                                
2:45:47 PM                                                                                                                    
                                                                                                                                
VICE CHAIR LYNN announced that CSHB 235(STA) was set aside.