Legislature(2017 - 2018)
11/01/2018 09:30 AM House ETH
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SELECT COMMITTEE ON LEGISLATIVE ETHICS
NOVEMBER 1, 2018
9:25 AM
FULL COMMITTEE
9:29:58 AM
1. Call the Meeting to Order
Chair Dennis "Skip" Cook called the meeting to order at
9:30 a.m.
Roll Call
Senator John Coghill
Senator Berta Gardner (alternate for Senator Dennis Egan)
Representative Lora Reinbold (telephonically) (alternate
for Representative Colleen Sullivan Leonard)
Representative Chris Tuck
Dennis "Skip" Cook
Conner Thomas
Joyce Anderson
Deb Fancher
Lee Holmes
Others
Jerry Anderson
Jacqueline Yeagle
Megan Wallace/Leg Legal/Juneau (telephonically)
Danea Burns (telephonically)
Heather Hebdon/AK Public Officers (telephonically)
Brenda Applegate/AIDEA (telephonically)
2. Approval of Agenda
Chair Cook announced that although the agenda includes an
executive session, an executive session is not anticipated.
Chair Cook entertained a motion to approve the agenda
without the executive session.
Lee Holmes made a motion to approve the agenda without the
executive session.
No objection. The agenda was approved.
3. Approval of Minutes: Full Committee
Chair Cook entertained a motion to approve the minutes of
the full committee meeting held on July 17, 2018.
Deb Fancher moved to approve the minutes of the full
committee meeting held on July 17, 2018.
No objection. The minutes of the full committee meeting
held on July 17, 2018 were approved.
Chair Cook entertained a motion to approve the minutes of
the House Subcommittee meeting held on July 17, 2018.
Lee Holmes moved to approve the minutes of the House
Subcommittee meeting held on July 17, 2018.
Joyce Anderson asked if there were also going to be a
verbatim transcript available of the House Subcommittee
public hearing held on July 17 or if the minutes as
approved would be the only minutes from the meeting. Chair
Cook responded that the meeting had been recorded. Jerry
Anderson added that there was no intention to produce a
full transcript and repeated that the meeting had been
recorded.
Joyce Anderson said that verbatim transcript had been
produced following two earlier public hearings. Chair Cook
asked Joyce Anderson if those transcripts had been produced
without a specific request for them. Joyce Anderson
responded that that was her understanding. Joyce Anderson
added that the public hearing held in 2002 was transcribed
and the transcripts are on file with the legislative
library in Juneau.
Chair Cook asked Joyce Anderson if the transcripts were
prepared with the committee budget. Joyce Anderson
responded that yes, the transcripts were prepared with the
committee budget and not at the request of a specific
person.
Chair Cook said that the public hearing budget was pretty
well used up. Cook asked the committee if they wanted the
public hearing transcribed with the committee budget or
wait to see if there is a request to do so. Cook added that
there is much more archiving of recordings than there used
to be.
Lee Holmes asked if the recording could be archived. Chair
Cook responded that he believed they were all archived and
asked Jerry Anderson if he could confirm that. Jerry
Anderson confirmed that recordings were archived and
offered to have a transcript prepared.
Joyce Anderson responded that she was not necessarily
asking to have a transcript prepared. Joyce Anderson
continued, saying that it is important that the recording
be archived along with the transcripts from the other
public hearings.
Chair Cook asked Jerry Anderson to make sure that the
recording of the public hearing is archived. Cook asked
Jerry Anderson if he could confirm that the archives are
accessible to the public. Jerry Anderson responded that
they were accessible at any time to the public.
Joyce Anderson added that in the past, she had responded to
a request from a member of the public regarding the number
of public hearings conducted by the committee and because
the library is where they are archived, it is important to
archive the recording through the legislative process
itself and to make sure the recording is in the library as
well in case someone asks for it.
Chair Cook asked Jerry Anderson to follow through on the
Joyce Anderson suggestion to make sure that the recording
is archived in the legislative library.
Jerry Anderson responded the archived recording is the same
as the electronic recording. Anderson added that the
question is whether the committee wants to transcribe the
public hearing.
Joyce Anderson said she did not think a written transcript
is necessary; just to make sure the legislative library has
the recording. That way, said Chair Cook, if somebody goes
to the library and asks for the recording, it would be
there.
Chair Cook asked if there were any objections to approving
the minutes of the House Subcommittee meeting held on July
17, 2018.
No objection. The minutes of the House Subcommittee meeting
held on July 17, 2018 were approved.
4. Public comment
No public comment.
5. Advisory Opinion 18-05
Chair Cook introduced Megan Wallace of Legislative Legal
and asked her to present an overview of the draft opinion.
Director of Legislative Legal Services Megan Wallace said
that the Ethics Committee submitted four questions related
to HB 44, which passed in the last legislative session.
Wallace added that the most pertinent information to the
discussion at this time begins at section seven of the
bill, which amends AS 24.60.030(e) and AS 24.60.030 (g):
Conflicts of interest provisions that were substantially
modified and those modifications substantially impact
earlier ethics decisions and advisory opinions.
Megan Wallace addressed the changes in AS 24.60.030(e)(3).
Previously, a legislator unless prohibited by the uniform
rules was prohibited from taking or withholding certain
official action if it could substantially benefit or harm
the financial interest of a person with whom the legislator
is negotiating for employment. HB 44 expands that provision
and states that except as provided in AS 24.60.030(g), or
while participating in a public discussion or debate, a
legislator is prohibited from taking or withholding
official action or exerting influence that could
substantially benefit or harm the financial interests of
four categories of persons: members of the legislator's
immediate family, an employer of the legislator's immediate
family, an employer person with whom the legislator is
negotiating for employment, and from whom the legislator or
a member of the legislator's immediate family has, in the
last 12-month period, received more than $10,000 of income.
AS 24.60.030(g) now requires a legislator to declare a
conflict of interest before voting on a question before a
committee and to request to be excused from voting on a
question before a house of the legislature if the
legislator or a member of the legislator's immediate family
has a financial interest in a business, investment, real
property, lease, or other enterprise if it will have a
substantial effect that is greater than the effect on the
general public.
The advisory opinion notes that "substantially benefit or
harm" is defined in AS 24.60.030(j) and the term "financial
interest" is defined in AS 24.60.990 as:
ownership of an interest or an involvement in a
business, including a property ownership, or a
professional or private relationship, that is a source
of income, or from which, or as a result of which, a
person has received or expects to receive a financial
benefit.
After providing an overview of the information most
pertinent to the discussion, Megan Wallace individually
addressed the four questions and their subparts that the
committee had submitted to Legislative Legal and concluded
by addressing the contents of the balance of the advisory
opinion. Then the committee discussed the advisory opinion
as a whole, providing feedback to Megan Wallace about the
document as a whole.
At the end of the discussion, Lee Holmes moved to adopt the
Advisory Opinion 18-05 and the amendments recommended by
the committee.
The committee discussed and approved each of the
recommended amendments separately.
Chair Cook asked Jerry Anderson to conduct a roll call vote
on Advisory Opinion 18-05. Prior to conducting the roll
call vote, Jerry Anderson read a brief description of the
advisory opinion in accordance with committee rules of
procedure.
Roll Call
Representative Chris Tuck Y
Dennis "Skip" Cook Y
Conner Thomas Y
Joyce Anderson Y
Deb Fancher Y
Lee Holmes Y
Senator John Coghill Y
Representative Lora Reinbold N
(alternate for Representative
Colleen Sullivan Leonard)
Senator Berta Gardner Y
(alternate for
Senator Dennis Egan)
The committee adopted Advisory Opinion 18-05 by 8-1.
The meeting recessed until 1:00 p.m.
6. Review of State Benefit and Loan programs
Jerry Anderson presented an overview of the State Benefit
and Loan Program. Legislators and legislative employees
must file a disclosure with the Ethics Committee if they
participate in one or more of the state benefit and loan
programs.
Jerry Anderson explained that annual confirmation by the
executive branch departments is sought to ensure that the
list of programs is accurate. On October 1, 2018, letters
were mailed to the departments and all of the departments
responded.
Jerry Anderson said that four programs were added to the
list. Anderson provided background and information to the
committee about each of those programs.
Jerry Anderson said only one program is deleted, because it
no longer exists.
Jerry Anderson asked the committee to amend the list of
State Benefit and Loan Programs as recommended.
Chair Cook asked if any of the committee members had any
objections to the addition of the four programs and the
deletion of one program.
No objection. The committee approved amending the list of
State Benefit and Loan Programs as recommended.
7. New investigator contract
Jerry Anderson presented an overview of a proposed
investigator contract in the amount of $2,000 and
recommended committee approval of extending the contract.
No activity is currently anticipated but the contract would
be in place in the event investigator services are needed.
Lee Holmes moved to approve the extended contract for
investigative services in the amount of $2,000.
Jerry Anderson conducted a roll call vote.
Roll Call Vote:
Senator John Coghill Y
Senator Berta Gardner Y
Representative Chris Tuck Y
Skip Cook Y
Conner Thomas Y
Joyce Anderson Y
Deb Fancher Y
Lee Holmes Y
The motion passed 8-0.
8. New outside counsel contract
Jerry Anderson provided an overview of a proposed outside
counsel contract in the amount of $2,000 ($225/hour, an
increase of $25/hour) and recommended committee approval of
extending the contract. No activity is currently
anticipated but the contract would be in place in the event
outside counsel services are needed.
Chair Cook invited discussion of the contract.
Lee Holmes moved to approve the extended contract for
Woelber & Cole as outside counsel for the time period
January 1, 2019 to June 30, 2019.
Jerry Anderson conducted a roll call vote.
Roll Call Vote:
Senator Berta Gardner Y
Representative Chris Tuck Y
Skip Cook Y
Conner Thomas Y
Joyce Anderson Y
Deb Fancher Y
Lee Holmes Y
Senator John Coghill Y
9. COGEL conference
Jerry Anderson noted that he, Skip Cook, and Deb Fancher
planned to attend the conference in Philadelphia from
December 9 through 12.
Conner Thomas expressed interest in also attending the
conference.
10. Chair/staff report
Jerry Anderson referred to the committee budget information
as of September 30, 2018. Anderson noted that the
encumbrances under services would lapse on December 31 if
the funds are not used. Anderson added that if the
encumbrances are not used in 2018, they will be returned as
unencumbered.
Jerry Anderson noted also that money will be spent in
traveling to Juneau in January.
Deb Fancher asked if the committee pays the attorney
representing Representative David Eastman.
Chair Cook replied no.
Deb Fancher asked who pays him.
Jerry Anderson replied that he does not know.
Chair Cook added that the committee pays for committee
counsel and for the hearing officer at the public hearing.
11. 2019 Ethics training
Jerry Anderson suggested January 23 or 24 for the committee
meeting and asked Representative Tuck his opinion of those
two dates.
Representative Tuck suggested January 17 or 18 for the
committee meeting and discussion followed about the
benefits and drawbacks to different dates for the committee
meetings. During the discussion, Jerry Anderson reminded
the committee of the components and types of training that
will be offered.
Lee Holmes asked if there was a recording of the training
that could be viewed. Jerry Anderson replied that a
recording of the full training is planned, but that
recording would be as much as six hours long as opposed to
three and a half hours of refresher training. Jerry
Anderson added that the committee meeting and training
could occur in conjunction with each other.
12. Removed from agenda
13. Removed from agenda
14. Public session
15. Other business
Joyce Anderson suggested to include in the next newsletter
a reminder to file final disclosures. Jerry Anderson
assured Joyce Anderson that the newsletter will include
that information.
Lee Holmes asked if an email would be emailed to the public
members reminding them of required disclosures. Jerry
Anderson replied yes.
Joyce Anderson asked if there would be a Q&A with questions
that have been submitted to the committee. Jerry Anderson
responded yes, in January.
16. Adjourn
Chair Cook announced he would entertain a motion to
adjourn.
Lee Holmes moved to adjourn.
No objections
The meeting adjourned.
12:47:21 PM
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