03/11/2010 08:00 AM House STATE AFFAIRS

               HB 348-PERSONNEL BOARD MEMBERSHIP                                                                            
                                                                                                                                
9:50:08 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  last order of business  was HOUSE                                                               
BILL NO.  348, "An Act  relating to  the membership of  the state                                                               
personnel board."                                                                                                               
                                                                                                                                
9:50:38 AM                                                                                                                    
                                                                                                                                
MICHAEL  SICA,  Staff,  Representative  Bob  Lynn,  Alaska  State                                                               
Legislature, presented  HB 348 on behalf  of Representative Lynn,                                                               
sponsor.   He paraphrased the  sectional analysis, which  read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Section  1.  Amends  AS 39.25.060(a)  to  increase  the                                                                  
     membership on  the Personnel Board  from three  to five                                                                    
     members.  The  governor may make an  appointment from a                                                                    
     list of at  least three nominees selected  by the chief                                                                    
     justice  of the  Alaska Supreme  Court, subject  to the                                                                    
     right   of   the   governor   to   request   additional                                                                    
     nominations.   It ensures that  the board has  at least                                                                    
     one member  of the two  parties that received  the most                                                                    
     votes in  a recent election.   It also requires  that a                                                                    
     member  remains  in  office after  expiration  of  term                                                                    
     until a successor is confirmed.                                                                                            
                                                                                                                                
     Section  2.  Amends  AS 39.25.060(b)  to  increase  the                                                                  
     number  of  board  members  who  can  be  of  the  same                                                                    
     political party  from two to  three of  the five-member                                                                    
     board.                                                                                                                     
                                                                                                                                
     Section  3.   Adds  new   section  AS   39.25.064  that                                                                  
     prohibits  board   members  and  board   employees  and                                                                    
     contractors  from certain  activities  that that  [sic]                                                                    
     relate to  possible conflicts of  interest or  at least                                                                    
     an appearance of conflict.                                                                                                 
                                                                                                                                
     Section  4.   Amends  AS  39.25.070  to add  conforming                                                                  
     language  stating  that   three  members  constitute  a                                                                    
     quorum  and three  affirmative votes  are required  for                                                                    
     final action on matter.                                                                                                    
                                                                                                                                
     Section 5.  Amends the uncodified  law by adding  a new                                                                  
     section stating  that a member  of the  personnel board                                                                    
     serving on  the effective date  of this Act  remains in                                                                    
     office  for the  duration of  the term  which appointed                                                                    
     and confirmed.   Within 60 days of  the effective date,                                                                    
     the  chief justice  of the  Alaska Supreme  Court shall                                                                    
     submit  to the  governor a  list of  at last  [sic] six                                                                    
     nominees for the two additional  seats on the personnel                                                                    
     board.   The  governor shall  appoint one  member to  a                                                                    
     five-year term and one member to a six-year term.                                                                          
                                                                                                                                
MR. SICA  stated that the  intent behind the proposed  changes is                                                               
to create  a board that  operates with greater  independence when                                                               
addressing complaints against  the governor, lieutenant governor,                                                               
and attorney  general, and when  performing its duties  under the                                                               
Executive Branch Ethics  Act.  He said the  bill sponsor believes                                                               
a  five-member  board is  less  likely  to  be comprised  of  all                                                               
members being appointed  by a sitting governor, thus  it would be                                                               
less  likely  for  a  "membership  with  a  single  mind  in  any                                                               
proceeding"  to  exist.    Mr.   Sica  said  Section  3  sets  up                                                               
restrictions  similar  to  those  for  the  Select  Committee  on                                                               
Legislative  Ethics  and  the Alaska  Public  Offices  Commission                                                               
(APOC).                                                                                                                         
                                                                                                                                
9:53:53 AM                                                                                                                    
                                                                                                                                
MR. SICA noted  that there is a memorandum from  the bill drafter                                                               
included  in  the  committee  packet.    He  then  highlighted  a                                                               
sentence   from  the   Alaska   Department  of   Administration's                                                               
Personnel and  Labor Relations director's on  line overview page,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     The  Personnel Board,  also  created  by the  Personnel                                                                    
     Act,  is  an  independent agency  composed  of  members                                                                    
     appointed by the Governor.                                                                                                 
                                                                                                                                
MR. SICA stated  that the proposed legislation  attempts to "fine                                                               
tune that  balance."  He said  it would provide the  board with a                                                               
"more deliberative  body."   He commented on  the make-up  of the                                                               
members of APOC.                                                                                                                
                                                                                                                                
9:56:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  directed attention to language  on page 2,                                                               
line  15, which  says a  person,  while on  the personnel  board,                                                               
would be  prohibited to  "lobby, employ,  or assist  a lobbyist."                                                               
He   questioned   whether   "assist   a   lobbyist"   means   for                                                               
compensation.   He explained he  is concerned that  that language                                                               
could be construed  in a number of ways, especially  if the board                                                               
member had a spouse who was a lobbyist.                                                                                         
                                                                                                                                
9:57:58 AM                                                                                                                    
                                                                                                                                
MR. SICA  pointed out  that the same  language exists  in statute                                                               
regarding APOC's membership.                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  said  he  would  like  the  committee  to                                                               
consider that issue.                                                                                                            
                                                                                                                                
9:58:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  noted that there  is a zero  fiscal note                                                               
in  the  committee packet.    He  questioned whether  having  two                                                               
additional members on the board would create additional expense.                                                                
                                                                                                                                
MR.  SICA  responded that  he  would  pursue  an answer  to  that                                                               
question.                                                                                                                       
                                                                                                                                
9:59:15 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN stated, "One ... intent  of this legislation ... is to                                                               
help  erase  the  potential  perception  that  we  have  the  fox                                                               
watching  ... the  chickens, which  would be  very unfair  to the                                                               
governor."  He offered his  understanding that there has not been                                                               
"a  problem  in  the  past,"  but he  is  concerned  with  public                                                               
perception.                                                                                                                     
                                                                                                                                
10:00:26 AM                                                                                                                   
                                                                                                                                
CHAIR LYNN announced that HB 348 was held over.