Legislature(2001 - 2002)
04/16/2002 03:40 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SCR 9-APPROVING LEG. OPEN MEETINGS GUIDELINES SHIRLEY McCoy, representative from the Select Committee on Legislative Ethics, said the Legislature enacted a law in 1993 requiring that they abide by open meeting guidelines. The Select Committee of Legislative Ethics was formed in 1994 and they were mandated to provide the Legislature with a guide to allow closed caucuses and private informal meetings to discuss political strategy without violating open meeting guidelines. The Ethics Committee has done that; they have submitted guidelines, held public hearings, talked with Legislators and the public. They have spent considerable time trying to get guidelines to Legislators that allowed them to do their best job for the State of Alaska while honoring the public's desire to know what that business is. To date the guidelines have not been enacted. SENATOR HALFORD said the things that are prohibited include a group of Legislators representing a geographic area or political subdivision. Any time as few as two people decide or agree upon a course of action with regard to their particular region or area they could be affected by this prohibition. This standard is very broad and could be violated in conversation on a continuous basis. He asked whether there was a specific number that would constitute a group. MS. McCoy replied her understanding is that the proposed guideline would not prohibit conversations between any number of people. They gave a definition for both a meeting and a vote, which clears up some of the ambiguities that have been felt. CHAIRMAN THERRIAULT thought Senator Halford was concerned about the concept of a legislative body taking action or agreeing upon a course of action because the definition of a legislative body could include the Interior delegation. They could fall under this prohibition when they get together to strategize on how to deal with another geographic area. MS. McCoy replied the problem some public members have is defining the difference between caucuses versus legislative bodies and other gatherings. The public would generally prefer all meetings to be open, but realizes this isn't always possible because of political strategizing. The Ethics Committee feels the guideline gives Legislators the opportunity to complete the business that needs to be completed without prohibitions. SENATOR PHILLIPS asked what she meant when she says the general public wants this. MS. McCoy replied, "define general public, the people in the State of Alaska that aren't legislative members." SENATOR PHILLIPS then asked whether "somebody stopped you in the store." MS. McCoy replied they have had lots of members of the public ask, "When are we going to get open meetings. Why haven't open meeting guidelines been adopted?" The committee is mandated to submit guidelines by January 16 every year and they have faithfully done so since 1995. The committee realizes the entire legislative body will probably never totally agree on the guidelines but there must be a starting point. Most of the committee members, some of whom are Legislators, felt that the current resolution didn't go to the extremes that most of the public would like to see, but it was a beginning. SENATOR PHILLIPS asked what other states have in this regard. MS. McCoy didn't believe the majority of states have a closed caucus and most don't require an ethics committee to establish guidelines. SENATOR HALFORD apologized for saddling Ms. McCoy with the job and complemented her on her diligence in trying to complete an impossible task. The Legislature should have kept this within their own purview and not asked her to continue to make recommendations that would probably never be accepted. MS. McCoy agreed the task was formidable then noted the Legislature has passed laws requiring adherence from every other elected official, but they won't do the same for themselves. SENATOR PHILLIPS replied, "Alaska is full of paradoxes." He then commented on access and said he'd like to see more people at the meetings and the guidelines could come later. CHAIRMAN THERRIAULT closed public comment on SCR 9 and held it in committee.
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